Service center operation updates

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"One Processing Time Report date for I-140s filed as stand alone and concurrent filings.......
..................
But, if the case is a concurrent filing, the I-140/I-485 packet will be pulled when the I-485 is adjudication ready regardless of the fingerprints and/or name checks have cleared. If the I-485 is not adjudication ready, the I-140 will not be pulled for adjudication based on the I-140 processing date."
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The clarification and change from the previous stance is the use of words "
regardless of the fingerprints and/or name checks have cleared"
The current update seems to indicate that 485 adjudication ready is independant of the FP / name check. So the excuse being proferred by USCIS so far that FP, name check being not ready holding up 485 adjudication is baloney!
Also if FP, name check is not done and 485 is adjudicated, then how will security threats be verified!!!! ?

In the earlier memo, the use of words was to the effect that the FP and name check HAS to be cleared before 485 is adjudication ready?

With this observation, I leave the floor open for debate
Thanks
 
I read this as follows.

1. I-140 petition will not be adjudicated based on the I-140 processing date.
2. It does not mean that immediately after Finger Printing and Name check cleared, your I-485 will be adjudicated.
3. I-140/I-485 petitions will be pulled only when I-485 adjudication is ready. But it is not clear when your I-485 will be ready for adjudication.

May be I am wrong, as always.:D :D

nanshi.
 
Naanshi

I am bit confused with all the new changes. My question at this stage is, when I-485 will be ready for adjudication?
like after FP, Name check, Priority date etc. etc. :confused: :confused: :confused:
 
Originally posted by madhu69
Naanshi

I am bit confused with all the new changes. My question at this stage is, when I-485 will be ready for adjudication?
like after FP, Name check, Priority date etc. etc. :confused: :confused: :confused:
Click to expand...

This appears to be an example of the Chicken and the Egg question. Do these folks in CIS even know what they are talking?
 
What is the real objective of a FP? Is it somehow tied to security check? If there is no objective link btw FP and security then it makes sense that FP need not be a constraining step towards 485 adjudication. FP can be done when getting the passport stamped after 485 adjudication.
This USCIS update in a way seems to present this whole faster concurrent processing process as a strict 140 / 485 adjudication with FP / name check as another concurrent branch.
so
|-----FP/name check
|-----140
|-----485

FP/name check will be no longer be a strict USCIS domain. It will become domain of the DHS /USICS.
Just my analysis.

As for people who have had the I140 approved in Jan, feb, Mar, it seems to have been done prior to the memo sent by Mr. Ohata. After the memo, I think there was a wave of FP's. Besides, people who got the 140 approved might have stated in the 140 ,485 form (I cannot remember which one) that they did not wish for concurrent processing.
 
Nanshi/All

I saw following messages in this site it self in news area...........

what is the meaning inside........


Are the instructions equally applicable to concurrently filed cases that are currently in pipeline and not yet adjudicated with respect to the March 31, 2004 interoffice memo.


The recent memo would apply to concurrently filed I-140/I-485 cases that are n the centers adjudication pipeline that is if there has been no adjudicative action regarding the I-140. If the center has already adjudicated the I-140, the memo would not apply.



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One Processing Time Report date for I-140s filed as stand alone and concurrent filings


According to the center there would be one PTR date for I-140s filed as stand alone and concurrent filings. But, if the case is a concurrent filing, the I-140/I-485 packet will be pulled when the I-485 is adjudication ready regardless of the fingerprints and/or name checks have cleared. If the I-485 is not adjudication ready, the I-140 will not be pulled for adjudication based on the I-140 processing date.

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My I-140 ND 06/19/03 and RFE on 03/03/04 no update on approval
My I-485/EAD ND 02/04 – no update on EAD
My spouse I-485 file sent on 04/19


Now where can I fall in new rules in INS. If any one have idea please let me know.
 
My guess is that you might get benefit from the new memo. However this is only if your RFE is still under process and no decision is being taken on 140. However, if your RFE is not approved, your 485 will be stuck. What do you mean by your wife's 485 file was sent on April? Did you appl for your wife as a dependant in April?
Did you get FP?

__________________
Disclaimer - I'm a lay person without any legal training or experience, so please use my suggestions at your own risk.
 
Recently i filed for my spouse and child. yesterday I got receipts for them also dated 04/22.

No finger prints

No EAD issued
 
frust 2004, I-140 approvals are based on labor PD..thats why u see a lot of Feb and MAr 04 approvals now - their labor cases took long to get approved..they are mainly from MI,NY,NJ..and hence they will get ahead in the I-140 queue
 
Originally posted by puhrince
frust 2004, I-140 approvals are based on labor PD..thats why u see a lot of Feb and MAr 04 approvals now - their labor cases took long to get approved..they are mainly from MI,NY,NJ..and hence they will get ahead in the I-140 queue
Click to expand...

Hi puhrince ,

What you are talking about PD of labor is not correct. It is just whims of NSC. My labor took over 18 months (started in July 2001) and I-140 is pending with NSc for almost 15 months now with no RFE, no change in status, file not touched since Aug. 03. I have seen some one getting labor approved in 5 months and I-140 approved in 6 months. It is just luck and which officer is processing your application.
 
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