Nebrasaka I-140 Excel Scanner ..
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shanmugam1174
Registered Users (C)
New Procedures for Concurrently Filed I-140/I-485 Cases
New Procedures for Concurrently Filed I-140/I-485 Cases
There has been a significant change in the way that the USCIS Service
Centers will process concurrently filed I-140/I-485 cases. In a March
31, 2004 memorandum (Ohata Memo), Fujie Ohata, Director of Service Center
Operations, issued instructions to the Service Center Directors
regarding certain procedural changes. Under the new procedures, a concurrently
filed I-140/I-485 should be adjudicated together. Previously, the I-140
was reviewed on an initial, cursory level simply to identify any
clearly frivolous cases. The I-140 was then adjudicated independently,
without regard for the processing of the I-485. The cursory, or prima facie,
review was performed to avoid improper receipt of the benefits of the
I-485 filing, including obtaining an Employment Authorization Document
(EAD) or Advance Parole (AP). Under this Memo, concurrently filed
I-140/I-485 cases will be processed and adjudicated simultaneously.
I-140 Will Not Be Processed until I-485 is Ready to Be Processed
The Ohata Memo states that, even when the I-140 is ready for processing
and placed on the 'ready to adjudicate' shelf, it will not be processed
unless the I-485 is also ready for adjudication. The I-485 is not ready
until the fingerprints and name checks have cleared. Essentially, the
I-140 will be held in abeyance until these procedures have been
completed in connection with the I-485. This raises significant concerns for
the application of AC21 portability. AC21 portability, as interpreted
under current USCIS memoranda, requires an approved I-140 and an I-485
that has been pending for 180 days. Thus, delaying the I-140 adjudication
until the I-485 can be approved inevitably will curtail the ability to
use AC21 portability in most cases under these current USCIS
interpretations. Of course, since AC21 is only available for long-delayed cases,
if the new process speeds adjudications to within a six-month period,
AC21 portability is not an available option. While we would certainly
favor case adjudications within fewer than 180 days, current processing
times are approximately two to five times this timeframe. Thus, this may
not be a realistic goal, at least in the near future.
RFEs on I-140 and I-485 Should be Issued Separately
The Memo directs that Requests for Evidence (RFEs) be issued separately
on I-140s and I-485s, for legal reasons. If both the I-140 and I-485
are issued RFEs, the entire case will await the responses. If there is a
response to the I-140 but not the I-485, the I-140 will be adjudicated
and the I-485 denied. If there is no response to the I-140, both cases
will be denied, whether or not there is a response to the I-485.
Prima Facie Review of I-140 Not Required in Non-Concurrent Cases
The Ohata Memo states that with a non-concurrently filed I-140, I-485,
I-765 (EAD), and I-131 (AP) filings will continue to be processed as
before. However, the Service Center Directors have discretion to end the
prima facie review or modify the scope of that review. It is not clear
from this whether the prima facie review would be eliminated in order
to allow for complete case adjudication at one time. It would seem
difficult to accomplish this, in light of the need for fingerprinting and
background checks for the I-485. However, it is doubtful that the AP or
EAD would be issued without some review of the basic legal sufficiency
of the I-140 petition.
NSC’s Implementation of the Ohata Memo
The Nebraska Service Center (NSC) issued information regarding its plan
to implement the new concurrent filing procedures. It has taken various
internal reorganization efforts to permit the concurrent processing of
I-140s/I-485s effective from April 30, 2004. The NSC notes that this
was not part of the pilot program to adjudicate the I-140s/I-485s within
75 days of filing. The NSC also emphasizes that it anticipates a
slow-down in processing non-concurrent I-485s, as they will be processing the
concurrent and non-concurrent on separate tracks, giving priority to
concurrently filed I-140s and I-485s over those that are not filed
concurrently.
New Procedures for Concurrently Filed I-140/I-485 Cases
There has been a significant change in the way that the USCIS Service
Centers will process concurrently filed I-140/I-485 cases. In a March
31, 2004 memorandum (Ohata Memo), Fujie Ohata, Director of Service Center
Operations, issued instructions to the Service Center Directors
regarding certain procedural changes. Under the new procedures, a concurrently
filed I-140/I-485 should be adjudicated together. Previously, the I-140
was reviewed on an initial, cursory level simply to identify any
clearly frivolous cases. The I-140 was then adjudicated independently,
without regard for the processing of the I-485. The cursory, or prima facie,
review was performed to avoid improper receipt of the benefits of the
I-485 filing, including obtaining an Employment Authorization Document
(EAD) or Advance Parole (AP). Under this Memo, concurrently filed
I-140/I-485 cases will be processed and adjudicated simultaneously.
I-140 Will Not Be Processed until I-485 is Ready to Be Processed
The Ohata Memo states that, even when the I-140 is ready for processing
and placed on the 'ready to adjudicate' shelf, it will not be processed
unless the I-485 is also ready for adjudication. The I-485 is not ready
until the fingerprints and name checks have cleared. Essentially, the
I-140 will be held in abeyance until these procedures have been
completed in connection with the I-485. This raises significant concerns for
the application of AC21 portability. AC21 portability, as interpreted
under current USCIS memoranda, requires an approved I-140 and an I-485
that has been pending for 180 days. Thus, delaying the I-140 adjudication
until the I-485 can be approved inevitably will curtail the ability to
use AC21 portability in most cases under these current USCIS
interpretations. Of course, since AC21 is only available for long-delayed cases,
if the new process speeds adjudications to within a six-month period,
AC21 portability is not an available option. While we would certainly
favor case adjudications within fewer than 180 days, current processing
times are approximately two to five times this timeframe. Thus, this may
not be a realistic goal, at least in the near future.
RFEs on I-140 and I-485 Should be Issued Separately
The Memo directs that Requests for Evidence (RFEs) be issued separately
on I-140s and I-485s, for legal reasons. If both the I-140 and I-485
are issued RFEs, the entire case will await the responses. If there is a
response to the I-140 but not the I-485, the I-140 will be adjudicated
and the I-485 denied. If there is no response to the I-140, both cases
will be denied, whether or not there is a response to the I-485.
Prima Facie Review of I-140 Not Required in Non-Concurrent Cases
The Ohata Memo states that with a non-concurrently filed I-140, I-485,
I-765 (EAD), and I-131 (AP) filings will continue to be processed as
before. However, the Service Center Directors have discretion to end the
prima facie review or modify the scope of that review. It is not clear
from this whether the prima facie review would be eliminated in order
to allow for complete case adjudication at one time. It would seem
difficult to accomplish this, in light of the need for fingerprinting and
background checks for the I-485. However, it is doubtful that the AP or
EAD would be issued without some review of the basic legal sufficiency
of the I-140 petition.
NSC’s Implementation of the Ohata Memo
The Nebraska Service Center (NSC) issued information regarding its plan
to implement the new concurrent filing procedures. It has taken various
internal reorganization efforts to permit the concurrent processing of
I-140s/I-485s effective from April 30, 2004. The NSC notes that this
was not part of the pilot program to adjudicate the I-140s/I-485s within
75 days of filing. The NSC also emphasizes that it anticipates a
slow-down in processing non-concurrent I-485s, as they will be processing the
concurrent and non-concurrent on separate tracks, giving priority to
concurrently filed I-140s and I-485s over those that are not filed
concurrently.
GCchahtahun
Registered Users (C)
Pilot Program at NSC
GC Applicants,
I was just curious to learn about the fate of those GC applicants who have applied concurrently before April 30th 2004. WIth CSC and now I beleive NSC also throwing in feelers about doing teh pilot program for adjudicating 1-140/1-485 within 90 days from April 30th 2004 onwards, there is a lot of confusion within the immigrant community with regards to timelines of GC proccessing espicially for the ones who have applied for AOS before April 30th 2004.
Does anyone out there have any insights on teh following either from their lawyers or articles on the web:
1. With these centers going in for fast process adjudicating for new applications from April 30th 2004, what happens to the timelines of applications, made prior to April 30th 2004.
2. I beleive from the earlier post, that the service centers would be processing the 140 and 485 together. This would definetely put the AC21 rule out of the window, assuming that though the service centers plan to adjudicate it in 90 days, it seems highly unlikely coz in teh same breadth they are saying that the FP and security checks need to be completed as well, which is a primary criteria for 485 adjudcating. This therefore does'nt sound an acheievable target. This having being said, the applcants looking forward to atleast using the AC21 and shifting companies would now seem a distant dream.
I would appreciate if some of the immigration gurus could comment on the above.
Thanks,
GC Analyst....
This
GC Applicants,
I was just curious to learn about the fate of those GC applicants who have applied concurrently before April 30th 2004. WIth CSC and now I beleive NSC also throwing in feelers about doing teh pilot program for adjudicating 1-140/1-485 within 90 days from April 30th 2004 onwards, there is a lot of confusion within the immigrant community with regards to timelines of GC proccessing espicially for the ones who have applied for AOS before April 30th 2004.
Does anyone out there have any insights on teh following either from their lawyers or articles on the web:
1. With these centers going in for fast process adjudicating for new applications from April 30th 2004, what happens to the timelines of applications, made prior to April 30th 2004.
2. I beleive from the earlier post, that the service centers would be processing the 140 and 485 together. This would definetely put the AC21 rule out of the window, assuming that though the service centers plan to adjudicate it in 90 days, it seems highly unlikely coz in teh same breadth they are saying that the FP and security checks need to be completed as well, which is a primary criteria for 485 adjudcating. This therefore does'nt sound an acheievable target. This having being said, the applcants looking forward to atleast using the AC21 and shifting companies would now seem a distant dream.
I would appreciate if some of the immigration gurus could comment on the above.
Thanks,
GC Analyst....
This
I think the recent over flow of fP notices gives some weightage to the above posted message that I140 will not be processed untill I485 will be ready to be processed. In that case 140 will not approved for all those who received fp untill the FP is done and the service centers receives report from FBI.
Damnit,
Shanmugam1174 has posted complete article, so that should have answered most of your questions. The article is available on murthy.com at http://www.murthy.com/news/n_newpro.html
Also actual memo is available at http://www.immigration.com/newsletter1/servcenterinstoni140i485.pdf
Last edited by a moderator:
sertra2002
Registered Users (C)
So does it mean...
that when the 140 is processed AFTER receiving the fp notice, I-485 will also be processed at the same time? Are all those who got the fp notice going to see GC approvals within the next few months, possibly in June or July of 2004 (yes 2004) !!!! ???
I think you needed to put this emotion and not !!
I don't care if ther I-140 takes longer, if we get the 485 cleared early. Don't forget, I-140 is just a step, the final aim is to get the 485 approved. So who gives a damn if I-140 is not approved till we get fp result? I think BCIS's new memo may infact me a very good news for many of us.
Originally posted by madhu69
I think the recent over flow of fP notices gives some weightage to the above posted message that I140 will not be processed untill I485 will be ready to be processed. In that case 140 will not approved for all those who received fp untill the FP is done and the service centers receives report from FBI.
that when the 140 is processed AFTER receiving the fp notice, I-485 will also be processed at the same time? Are all those who got the fp notice going to see GC approvals within the next few months, possibly in June or July of 2004 (yes 2004) !!!! ???
I think you needed to put this emotion
and not !!I don't care if ther I-140 takes longer, if we get the 485 cleared early. Don't forget, I-140 is just a step, the final aim is to get the 485 approved. So who gives a damn if I-140 is not approved till we get fp result? I think BCIS's new memo may infact me a very good news for many of us.
Last edited by a moderator:
EAD Approved / RFE on AP
EAD Approved / RFE on AP
EAD Approved
EAD ND : 23-FEB-2004
Approved : 20-APR-2004
My wife's EAD REF reply has been received by USCIS. how long will it take to process the RFE reply received by the USCIS on the EAD ?
There is RFE on my Wife's AP application, any idea what could be the RFE on AP ?
EAD Approved / RFE on AP
EAD Approved
EAD ND : 23-FEB-2004
Approved : 20-APR-2004
My wife's EAD REF reply has been received by USCIS. how long will it take to process the RFE reply received by the USCIS on the EAD ?
There is RFE on my Wife's AP application, any idea what could be the RFE on AP ?
Re: So does it mean...
serta2002,
Absolutely true ! I think the same....
serta2002,
Absolutely true ! I think the same....
Originally posted by sertra2002
that when the 140 is processed AFTER receiving the fp notice, I-485 will also be processed at the same time? Are all those who got the fp notice going to see GC approvals within the next few months, possibly in June or July of 2004 (yes 2004) !!!! ???
I think you needed to put this emotion
I don't care if ther I-140 takes longer, if we get the 485 cleared early. Don't forget, I-140 is just a step, the final aim is to get the 485 approved. So who gives a damn if I-140 is not approved till we get fp result? I think BCIS's new memo may infact me a very good news for many of us.
I-140 Gurus Please help !!
Hi all,
I am in a very pathetic situation. Please advise !!
My I-140 is pending with NSC. EB3 Concurrent, RD-Dec-19th. EAD, AP approved. My project is coming to an end this week. In the mean time my client had considered me for a FULL TIME position sometime in MAY. My employer has agreed to take care of my
I-140 if there is any RFE.
But all of sudden with this NSC new memo, things have totally changed. It looks like it's going to take longer time to get I-140 approved. My 180 days will be over by MAY 19th. I am in a big confusion whether to join my client or not. Is it safe to change employers now ? or I should wait till my I-140 is cleared...If I change do I need to file AC21 ....please help ....
Hi all,
I am in a very pathetic situation. Please advise !!
My I-140 is pending with NSC. EB3 Concurrent, RD-Dec-19th. EAD, AP approved. My project is coming to an end this week. In the mean time my client had considered me for a FULL TIME position sometime in MAY. My employer has agreed to take care of my
I-140 if there is any RFE.
But all of sudden with this NSC new memo, things have totally changed. It looks like it's going to take longer time to get I-140 approved. My 180 days will be over by MAY 19th. I am in a big confusion whether to join my client or not. Is it safe to change employers now ? or I should wait till my I-140 is cleared...If I change do I need to file AC21 ....please help ....
GCchahtahun
Registered Users (C)
GMUTHU,
Well, my best advice to you will be to first safeguard your GC. Considering your case, I think the best way will be to stick to your present company till you either get your I-140 approved or get your GC 9Could be a real possibility in light of this new memo.). Once you have this then you may not need to worry as you can either move your client company either on AC21 or on your GC itself.
If your client is putting presure to make a decision, then I would advice you to refrain from this hasty decision and take it only if it is the last resort.
Hope this helps. There are a bunch of people in the same boat.....just be patient and let us all hope and pray for the best.
Cheers,
GCchahtahun...
Well, my best advice to you will be to first safeguard your GC. Considering your case, I think the best way will be to stick to your present company till you either get your I-140 approved or get your GC 9Could be a real possibility in light of this new memo.). Once you have this then you may not need to worry as you can either move your client company either on AC21 or on your GC itself.
If your client is putting presure to make a decision, then I would advice you to refrain from this hasty decision and take it only if it is the last resort.
Hope this helps. There are a bunch of people in the same boat.....just be patient and let us all hope and pray for the best.
Cheers,
GCchahtahun...
Re: So does it mean...
sertra2002
if they are going to approve 140 and 485 at the same time and in 2004 then I am going on a long vacation
Originally posted by sertra2002
that when the 140 is processed AFTER receiving the fp notice, I-485 will also be processed at the same time? Are all those who got the fp notice going to see GC approvals within the next few months, possibly in June or July of 2004 (yes 2004) !!!! ???
I think you needed to put this emotion
I don't care if ther I-140 takes longer, if we get the 485 cleared early. Don't forget, I-140 is just a step, the final aim is to get the 485 approved. So who gives a damn if I-140 is not approved till we get fp result? I think BCIS's new memo may infact me a very good news for many of us.
sertra2002
if they are going to approve 140 and 485 at the same time and in 2004 then I am going on a long vacation
GCchahtahun
Registered Users (C)
infyniti,
pls read the very first posting by dasarihp_newid in this thread. You should get all your answers.
Cheers,
>>>>
pls read the very first posting by dasarihp_newid in this thread. You should get all your answers.
Cheers,
>>>>
Need Info on Concurrent Filing
Hi,
I Need to know that when you file concurrently does INS assign receipt numbers for each documents sent or just I-140 and that is valid for other documents like I-485/I-131 & I-765 also.
Mine case has been filed as concurrently. Got the notice for I-140.
RD: April 19,2004
ND: April 21,2004
Thanks is advance for anybody replying to this post.
Regards,
Hi,
I Need to know that when you file concurrently does INS assign receipt numbers for each documents sent or just I-140 and that is valid for other documents like I-485/I-131 & I-765 also.
Mine case has been filed as concurrently. Got the notice for I-140.
RD: April 19,2004
ND: April 21,2004
Thanks is advance for anybody replying to this post.
Regards,