New Regulation - Important

Click on "Procedural Instruction for Concurrent Adjudication of Concurrently Filed Form I-140s and I-485s"

This memo provides specific instuctions and guidance to service center directors on adjudication and reporting of processing times of concurrently filed I-140s and I-485s. Previously-filed concurrent packages will be adjudicated only if the fingerprints and name checks have cleared on the I-485.
 
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
 
Kashmir's data

I just looked at Kashmir's data on April approvals and the trend might actually confirm my point.
 
What was the fax letter

lusiks

please could you let me know what was the content of your fax letter.

I also applied in april 2003 eb1 category(485).

I think i can also try my luck I140 cleared in Feb03.
 
does this mean AC21 is out?
u cannot use AC21 w/o approved I-140, but if 485 is to be approved along with 140, when to use AC21???
 
AC21 concurrent filers

To 22ezgc:

Original document (memo on AC21 portability guidelines for concurrently filed applications):

http://www.immigration.com/newsletter1/williamyatesmem.pdf

Basically it confirms that the rule is the same as for other applications, 180 days start counting from the I-485 filing date (even if it might be the same as I-140's filing date).
If your I-140 is approved and I-485 has been pending for more than 180 days, then you can change your employer assuming you stay in the same field/similar position. Your I-140 reminas valid. Even if your employer removes/revokes your I-140, it will still remain valid, assuming that you will provide INS with your new employment letter / additional info on your new job.

In terms of this new regulation for adjudicating concurrent files, I don't think it has any special effect in terms of AC21. If you have complied with all these requirements, then you are fine and your application will be adjudicated. If they need more info, they will send you an RFE. If you have not complied, then your I-140 will be considered invalid and they might reject your I-485.

You can also check out this link, go to the "Employment-Based I-140 Immigrant Visa "Green Card" Portability AC21 106(c) CHART":


http://www.mnllp.com/engemploytextchart.html#EMPLOYMENT-BASED IMMIGRANT VISA PORTABILITY AC21 106(c)

Hope this helps.

Thanks,
L.
 
Last edited by a moderator:
praise + questions

Lusiks:

Praise: great job on the interpretation and your analysis of the memo, i was particularly impressed.

congratulations on your approval. that must have been some surprise.

questins:
reading your memo raised a couple questions in my mind.
1. to clarify the memo states that adjudications will be done based on the 140 ND, correct?

2. i just got married. my wife's 485 has not been filed yet. she just came to the US on H4 yesterday. If my 485 gets approved now, what happens?

thank you sir
Long_wait
 
Hi All
My details are

I140 ND Feb 25, 2003
I140 Approved June 2003

I485 ND March 17 2003
wac#03128*****

Ist FP : May 2003

The online status for my case is same for the last 1 year as it says:
Current Status:
On April 10, 2003, we mailed a notice requesting that you appear for fingerprint recording. The notice also gave the times and location where this processing could be done. If 14 days ........

So my case doesn't seem to fall under this change? Can I still send a fax and find out what's happening. Has anybody else seen this before.

Thx for your help.
sdrtu
 
for lusiks

very optimistic interpretation. could you share with us the fax number where you sent your inquiry? thanks :)
 
Answers

xpadre - please read from the beginning of this page, I have referenced another thread with all answers on inquiry faxing.

Long_wait - thanks for congrats.

1. yes
2. once you are a permanent resident, you should petition for your wife and file a I-130, Petition for Alien Relative. When that gets approved, she can then file a I-485. I am not sure whether you can add your wife to your current I-485 petition as a derivative applicant. I didn't really get into this particular aspect of adjustment petitions as I didn't need it, so you might want to consult an attorney on this.

Thanks,
L.
 
Hi

From reading all the posts.I conclude this

1.For new filers,first they are processing I-485.
If the finger printing and name check cleared
then only they are processing I-140.
So for no portabilty chance for new filers!!!
See this thread.

http://www.murthy.com/bulletin.html#1

Regards
Kabish
 
Concurrent or Sequential filing?

Hi, lusiks

I read your posts several times where you mentioned that sequential filing is also counted as concurrent filing if I-140 has not been approved.

I filed 2 I-140s last year, both of them are still pending. I am filing I-485 now. Is this concurrent filing also? My lawyer told me it is sequential filing, though.
 
HI,

As long as you file your I-485 before I-140's approval, it is considered to be a concurrent filing.

Thanks,
L.
 
Hi Luskis
I spoke to my lawyer and she said the oppsoite of what you are saying. She said concurrently filed means filed together at the same time. Does anyone have any reference/memo that I can show her that I-485 should be filed before I-140 gets approved for BCIS to consider it a concurrently filed?

Thanks for your help.

sdrtu
 
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