This is a significant change
I believe that this new regulation means the following:
- all concurrently filed I-140/I-485 applications will be pulled out
- they will be put on a separate shelf
- will be prioritized by I-140 AD (and not I-485 AD)
- all eligible applications that are I-485 ready (this means that I-140 is approved, fingerprint cleared, RFEs responded etc) WILL be adjudicated.
This covers all categories (eb1, eb2, NIW, non-NIW etc) and has nothing to do with the CSC-specific pilot for non-NIW cases.
This does not cover non-concurrently filed applications.
As a proof to this interpretation, it looks like my application has been approved.
My Stats: I-140 filed in November 2002, approved in May 2003.
I-485 filed in April 2003. I sent in a fax inquiry to CSC about two weeks ago. Online message changed to "approved" on 4/16/04. Btw, I did not have any RFEs.
I am not sure if this is a coincidence, but I suspect that my fax inquiry triggered them to pull out my case onto this new processing shelf.
I do believe this regulation makes a lot of sense, and it does not discriminate late filers (WAC03 series) vs early filers (WAC02 series), because the goal is to pull ALL applications with approved I-140s. This will set aside all I-485 applications with pending I-140 petitions – but they have to wait for their I-140 to get approved anyways, right? So, nobody loses in this situation.
I was thinking about this for a while actually and was asking myself why isn’t INS separating I-485s with approved I-140 petitions from pending ones? It is common sense. Now they finally did it. And I think it will be a significant improvement for both I-140 and I-485 petitions.
The reason they started from concurrent files is probably because concurrent filing is one of the main reasons for these backlogs in the first place. Personally, I think that they should have established this rule when they actually introduced concurrent filing. The whole point of concurrent filing was: if you are filing an I-140, and the visa number is current (as it is for all work-related petitions), then for saving some time on processing of your next petition – I-485 – you are allowed to submit them concurrently. I believe that many people started abusing concurrent filing regulation by submitting I-485 applications and I-140s on 3-4 different categories. As a result current processing dates for both I-140s and I-485s are pushed back. In the meantime they would have all benefits of an “adjustment applicant” for a long period of time, up until their I-140 gets assigned to an officer (god knows when). At the same time people who have had an I-140 approved for more than a year would have to wait another 2 years for their I-485 to be processed. Plus this triggers unnecessary repetition of fingerprinting, RFEs etc etc.
I know that all of this has been discussed several times, and sorry for boring some of you. I just think that this is a significant step and will change many things in coming months.
Thanks,
Lusine