this is from another state thread
After Labor, Next Steps.....
Important news affecting the next steps for those nearing the end of their labor phase..
I-140 Will Not Be Processed until I-485 is Ready to Be Processed
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.
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.
