Hi guys,
I have a question, which would help me decide wether to go for concurrent process or not?
I heard that in concurent processing both i-140& i-485 get adjudicate at the same time is it True?
But in CSC i-140 are getting approved first and then it is going to a next step
this is the only service centre where results are coming out for concourrent filling application so please respond what is the process in case of concurrent filling and also read this article does this make any sense.
http://www.usvisanews.com/memo1851.html
INS Restricts Portability Eligibility in Concurrent Filings
We received some new and somewhat surprising information from Madeline Garcia following her attendance at an American Immigration Lawyers Association (AILA) South Florida luncheon on Wednesday (September 17th). Among the wealth of information she absorbed was the information relating to portability in the context of concurrent I-140/I-485 filings.
As you may be aware, AC21 includes a provision (§106(c)) which allows for a change in employment in cases of lengthy adjustment adjudications. What this allows for is the substitution of a new sponsor and offer of employment (in the same or similar profession) into a pending adjustment application if the I-485 has been filed and remained unadjudicated for 180 days or more.
Many of you have been writing to us asking us a couple of important questions such as:
1. Will the I-140 still be processed first?
______ - AND -
2. How will concurrent filing work in the context of I-485 portability?
According to the AILA source and the information shared at Wednesday's meeting, the INS has indicated that the I-140 will not be adjudicated until the I-485 is adjudicated. Furthermore, the INS has taken the position that this portability can only be enjoyed by an applicant for adjustment of status whose I-140 petition has been approved. Since applicants for adjustment who apply pursuant to their new ability to file concurrent I-140 and I-485 filings will not have an approved I-140 during the pendency of the adjustment, these applicants will NOT be eligible for the benefits of Section 106(c).
This information may change in the future since regulations have not been drafted. However, INS' comments highlight significant implications for many prospective concurrent applicants and reinforce that the new concurrent filing option, though very appealing, may not be for everyone.
