Procedure for Concurrently Filed I-140/485 cases

So, It won't cover people who filed concurrently and I140 is approvred and only 485 is pending. Correct?

It didn't mention only for EB2 category.
 
Two different programs

From what I can tell, there are two different programs in play here. One is the pilot program at CSC only (that we've heard about for a couple of weeks), where EB2 (non-NIW) cases will be adjudicated concurrently WITHIN 90 DAYS.

This new one, I believe, applies to all service centers, but it does not distinguish between categories, and more important, it DOES NOT GUARANTEE any processing time frame.

If anybody has a different interpretation or additional information, please share with us all.
 
I guess we look at I-140 (for concurrent) processing time to calculate for the final approval.

One thing I am not clear about is JIT

So one way of looking at this is:
When the I-140(concurrent) date is current and the application is cleared for FP and name check, they can go ahead an adjudicate

Other ways is:
Pull out all "eligible" apps in I-140 all EB categories that have filed concurrently, with FP and Name check cleared and process them

any comments??
 
good or bad

seems to be bad in some sense, since I-140 may slow down to the extend that AC21 is not useful any more, in most cases, if you got 140 approved, you got 485 approved, if you are lay off before 140 approval, you get nothing.

It is bad that 140 may get delayed.
 
This is a significant change

Hi there,

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
 
Re: This is a significant change

Originally posted by lusiks
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.
Click to expand...

Congratulations on your approval! :) Why not start a new thread with it as a header? IT will give other an opportunity to question you as well as congratulate you!
 
Thanks, 140_takes_4ever

I was planning on putting it under "April approvals" once I receive the approval in the mail. To be honest, I just don't quite believe it yet :).

L.
 
lusiks,

:) Too late, your approval has already been listed in the April approvals thread.

Let me know if you want to make the entry yourself, in which case I will delete my post on that thread and that way you can savour the moment of sweet success.

If/When I get my approval, I will love to add my name in that thread myself! :) It will be a very special moment. Though offcourse I haven't thought much about it considering the hard time that INS is giving us. Maybe in the next couple of years if I am very lucky.

But good luck to you! :)
 
Yeah, I actually saw that :)

Anyways, I will make a new thread and put all the details soon. You are welcome to add your details.

Good luck to us all.

L.
 
Hi Lusiks,

Congrats for yr approval!!!!!!
From yr post now it is really clear.I am a new user here.Just now i filed my I-140/485 in march 2004.For most 2004 filed people they have sent FP notices.Ok in this current stage it will take another 1 year to clear the I-140.So what is the point of taking FP very early??

Thanks
Kabish
 
Congratulations Lusiks. You have given lot of information.

Kabish,
As per Kashmir's statistics one of the cases of March 2004 got approved already. You may be the next lucky guy . Who knows.

It is really nice to see all the people sharing their experience as a community. That will keep all our hopes alive.
 
Hi StatusFinder,

What r u telling??Is it march filed I-140/485 case??What stage is it t is approved??Any link to the statistics??

Regards
Kabish
 
HI there,

I use the CSC guide issued in Year 2002 and it looks like it's not very outdated - the process is the same.

I have attached the pdf file. Basically fill it out page 32, print it out, you can attach additional pages with explanation of request and copies of previously received notices. Then follow "fax instructions" on page 5. Make sure you do it M-F 8:30 to 4:30.

As for the question on early FPs - CSC thinks now that processing times will be decreased to less than 15 months, that's why they are now sending FP immediately. In April last year they have decided to wait for 8-9 month from the filing date and only after that send the first FP. Now they have reversed it again. Hopefully processing times will improve, in any event I wouldn't worry about that right now.

I would advise to ALL concurrent applicants (btw it doesn't matter if you have filed I-140 and I-485 at the same time; or you filed your I-485 separately but BEFORE your I-140 got approved - it still falls under the concurrent filing rule) - if your I-140 is approved and you have a current cleared FP / name check, start sending fax inquiries now.

Good luck to everybody.

Thanks,
L.
 
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Lusiks:

Could you let us know what kind of inquiry you sent?

How to send inquiry if your RD is not in JIT time?

Thank you very much
 
RD date

yes2003

the RD / ND is whithin current processing dates. Read the new regulation carefully. For the cases I am talking about the RD will be I-140's filing date and not I-485's filing date.

In any event, you can send an inquiry even if the case is not within current processing times if you believe there is a "service error" like you didn't get a FP notice ot RFE notice etc etc.

L.
 
Hi, lusiks

Thanks for your reply. I have 2 more questions:

what did you have for the explanation of the fax inquiry?
What does Principle Visa Category mean?

Thanks a million!
 
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