***********So, Is our I-485 Litigation Over?*************

Originally posted by operations
Have we already won? :D



Read this new policy change:

http://www.immigration.com/newsletter1/servcenterinstoni140i485.pdf


Read the last lines also (memo cannot be used in litigation). I wonder what does that refer to? :)
Click to expand...

I'm sure this is reply to our lawsuit since this memo was sent on March 31, 2004 which coincides with the deadline for the reply of our lawsuit and also concurrent filing is only for EB GC's. Separate product line for EB GC's is obviously our success. But CIS doesn't want to accept that in court so they added the line "it cannot be enforced by law or it cannot be used in litigation".
 
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Hurray!

Let's hope this will get implemented correctly. Let's hope the result will be I-485 and I-140 will get adjudicated concurently 6 months or quicker after filing, instead of stretching the I-140 delay to the level currently experienced in I-485.
 
Hello Rajiiv / members
Could you please expand or calrify this memo a bit more.

Thanks
abhi_c
 
What it means?
Will they adjudicate the concurrent cases first than seperately filed cases??

Rajiv,
Could you please explain in plain terms what this memo means?
How it helps our litigation?
Thanks
 
Rajiv, your interpretation please?

Dear Rajiv, Could you please interpret this memo in simple English for us? It is very confusing, at least to me. Thanks.
 
Here is some more clarifications||||

Guys, I hope this note will give some more detail on this new I-140/I485 concurrent adjudication as posted in Immigration-law website. It is not applicable on already filed I-485 petition waiting since long for adjustment as mentioned below:

As the final rule and the USCIS announcement reflected, the fee increase was to back up its processing reduction agenda that starts on April 30, 2004. To implement this agenda, the USCIS issued a memorandum to the Service Centers on March 31, 2004 giving the Service Centers a window period of 30 days to launch the "concurrent adjudication" of concurrently filed I-140/I-485 package. Accordingly, the Service Centers will start the concurrent "adjudication" of "concurrently filed I-140/I-485 cases" from April 30, 2004. The Nebraska Service Center has already disclosed that in preparation for this change, the NSC already moved the I-140 proceesing unit to I-485 adjudication unit in March 2004. It appears from the USCIS HQ memorandum that such action has also been taken by other Service Centers by now.
Obviously, the concurrent adjudication appears to start with the new I-140/I-485 concurrent filing cases which are received on or after April 30, 2004, even though the concurrent adjudication may reach old cases in the "unknown future." It is thus evident that those who wish to benefit from the new concurrent I-140/I-485 adjudication may hold off filing of the concurrent I-140/I-485 package until after April 29, 2004 such that they pay the new filing fees and file the cases on or after April 30, 2004. The increased fees are minimal considering the enormous benefit they will receive from the "concurrent adjudication" of I-140/I-485 filing. You'd betcha, it will be worth the money!!!
Under the concurrent adjudication rule, I-140 and I-485 are required to stay together within the Service Centers. Currently, the concurrently filed I-140 and I-485 are split into the two different teams for separate adjudications. When it comes to the "processing times," each Service Center is required to process within their I-140 processing schedule and time. For this processing times to work, it appears that the Service Centers may initiate fingerprinting and name check clearance procedure immediately upon receiving the concurrent I-140/I-485 package. Under the Memorandum, actual adjudication will commence with a given file which received fingerprint and name check clearance completed. In other words, those cases which received such clearance will be stacked on adjudication-ready shelves which will then be assigned to the adjudicators for adjudication.
The concurrent adjudication is limited to the concurrent filing cases. Consequently those who file I-140 alone for the consular processing or I-485 application separately from the I-140 petition will not be able to enjoy the concurrent adjudication of I-140 petition and I-485 application. Once the concurrent adjudication is in place, immigrants will have to reassess their strategies to go for consular processing over I-485 application, since the consular immigrant visa processing can take longer than I-485 application because of the rule of concurrent adjudication. Those who file I-140 petition alone may have to anticipate some delays in adjudication of their I-140 petitions.
This concurrent I-140/I-485 adjudication move appears to be separate from the pilot 75-day or 90-day adjudication program of concurrently filed I-140/I-485 and I-130/I-485 packets at the CSC and Dallas District Office beginning from May 2004. It is obvious, though, that eventually all the concurrent adjudication cases will follow the path of these pilot program down the road, albeit not immediately. HOLD YOUR BREATH!
 
Ashwini401: assuming what you say is true...

us long time filers are in DEEP TROUBLE. why can't they first approve the old cases and then concentrate on new cases? can't they understand "first in, first out"? how would they feel if they were in some line and people that came after them were given the service before them. this USCIS makes me sick.

my point is, first they should see whether they can approve old cases in 90 days or less. then they can worry about new cases.

how about, withdrawing the previous 140 and 485 and then filing again after april 30th?
 
Mr Rajiv,

First of all congratulations, as this is a first big step towards success.

Based on the memo by USCIS, and based on the explainations
above, it seems that those cases that were not filed concurrently,
and for which I-485 adjudication is still pending, such cases
might actually suffer even more, because, a lot of service
center staff is going to be pulled in to ensure successful
implementation of "adjudicating concurrently filed cases".

My AOS was filed in late 2002 after my I-140 was approved.
I have been patiently waiting to see some progress at CSC.
This memo from USCIS seems to give me an impression that I
(and others who are in the same boat) can expect further
delays.

Is there anything your office can do in the course of this lawsuit
to ensure that:

1) USCIS does not drop the ball on I-485s that were not
concurrently filed.
2) USCIS comes up with a similar kind of a plan of action for
adjudicating I-485s that were not concurrently filed.

We all as always would greatly appreciate your initiative and help.

Regards,
avgm
 
I don't think our litigation is over..

This is not how the BCIS should work.. what happened to FIFO ??? we are long time sufferers. and now with this policy change, we will still be long time sufferers..

The person who filed concurrently untill Apr 15 2004 will have to wait 1 1/2 - 2 years, but the person who files after May 1 2004, will get within 4-6 months, and they need not have to worry about advance parole, EAD hassles, because their cases will be adjudicated in 4-6 month's time !!!

why don't they increase the fees or put some surcharge on existing cases and adjudicate them first.. I am ready to pay whatever surcharge(double the extra fees) they are putting into effect from Apr 30 2004 to get my case into that queue..

I am sick and tired of these useless policies..
 
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No mention of pending I-485 cases

All the new policy/rule coming up is is for the new cases filed effective from the date rule/policy is published by USCIS unless they clearly defines that this policy will effective from back date. Has we have seen in past USCIS has no FIFO rule and till date there is no indication about reducing the separetly filed I-485 cases long back and still waiting in queue.

I hope this litigation filed is the only way which will bring attention by the USCIS to reduce the backlog by bringing separate rule or provide some more resource otherwise by the new I-140/I485 concurrent filing the old cases will be receive less priority. our I-485 litigation is our only hope now. Rajiv please keep us posted. Thanks
 
What happens to those concurrently filed cases in which the 140 has already been approved? Can we now look forward to our 485s getting approved without any problem? Or, does this memo apply only to future filers?
 
I am not a concurrent filer as such...I belong to the old one..

I don't agree with Rajiv, Edison and couple of others who saw it in positive light...

However, to me this looks dangerous...

Consider the following situations:
Previously I-140 use to get approved in 7 months then reduced to three weeks... now increased 10 -12 months because of concurrent filings....Now, once your I-140 is approved (after 10 months) and since your 485 petition is 6 months old virtually one can change the employer...now this memo calls for joint approval of both the petition and there is no mention of time lines...what does that practically translate into...

I-140 is going to take more than two years.... and now one cannot even change employers as there is no underlying I-140...

So, my considered opinion is that this is not the end of law suit but every reason to continue our law suit with much vigor...
 
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Originally posted by rajum
I am not a concurrent filer as such...I belong to the old one..

I don't agree with Rajiv, Edison and couple of others who saw it in positive light...

However, to me this looks dangerous...

Consider the following situations:
Previously I-140 use to get approved in 7 months then reduced to three weeks now increased 10 -12 months because of concurrent filings....Now, once your I-140 is approved after 10 months and since you filed your 485 petition is 6 months old virtually one can change the employer...now this memo calls for joint approval of both the petition and there is no mention of timelines...what does that practically translate into...

I-140 is going to take more than two years.... and now one cannot even change employers as there is no underlying I-140...

So, my considered opinion is that this is not the end of law suit but every reason to continue our law suit with much vigor...
Click to expand...

How can you say that .. I-140 is going to take more than two years.... What is your basis for this??
 
From
http://www.immigration-law.com

They intepreted the benifit of this memo as --------



<b>
As the final rule and the USCIS announcement reflected, the fee increase was to back up its processing reduction agenda that starts on April 30, 2004. To implement this agenda, the USCIS issued a memorandum to the Service Centers on March 31, 2004 giving the Service Centers a window period of 30 days to launch the "concurrent adjudication" of concurrently filed I-140/I-485 package. Accordingly, the Service Centers will start the concurrent "adjudication" of "concurrently filed I-140/I-485 cases" from April 30, 2004. The Nebraska Service Center has already disclosed that in preparation for this change, the NSC already moved the I-140 proceesing unit to I-485 adjudication unit in March 2004. It appears from the USCIS HQ memorandum that such action has also been taken by other Service Centers by now.
Obviously, the concurrent adjudication appears to start with the new I-140/I-485 concurrent filing cases which are received on or after April 30, 2004, even though the concurrent adjudication may reach old cases in the "unknown future." It is thus evident that those who wish to benefit from the new concurrent I-140/I-485 adjudication may hold off filing of the concurrent I-140/I-485 package until after April 29, 2004 such that they pay the new filing fees and file the cases on or after April 30, 2004. The increased fees are minimal considering the enormous benefit they will receive from the "concurrent adjudication" of I-140/I-485 filing. You'd betcha, it will be worth the money!!!
Under the concurrent adjudication rule, I-140 and I-485 are required to stay together within the Service Centers. Currently, the concurrently filed I-140 and I-485 are split into the two different teams for separate adjudications. When it comes to the "processing times," each Service Center is required to process within their I-140 processing schedule and time. For this processing times to work, it appears that the Service Centers may initiate fingerprinting and name check clearance procedure immediately upon receiving the concurrent I-140/I-485 package.
Under the Memorandum, actual adjudication will commence with a given file which received fingerprint and name check clearance completed. In other words, those cases which received such clearance will be stacked on adjudication-ready shelves which will then be assigned to the adjudicators for adjudication.
</b>
 
Originally posted by gc999999999
From
http://www.immigration-law.com

They intepreted the benifit of this memo as --------
....Obviously, the concurrent adjudication appears to start with the new I-140/I-485 concurrent filing cases which are received on or after April 30, 2004, even though the concurrent adjudication may reach old cases in the "unknown future." It is thus evident that those who wish to benefit from the new concurrent I-140/I-485 adjudication may hold off filing of the concurrent I-140/I-485 package until after April 29, 2004 such that they pay the new filing fees and file the cases on or after April 30, 2004. The increased fees are minimal considering the enormous benefit they will receive from the "concurrent adjudication" of I-140/I-485 filing. You'd betcha, it will be worth the money!!!
Under the concurrent adjudication rule, I-140 and I-485 are required to stay together within the Service Centers. Currently, the concurrently filed I-140 and I-485 are split into the two different teams for separate adjudications. When it comes to the "processing times," each Service Center is required to process within their I-140 processing schedule and time. For this processing times to work, it appears that the Service Centers may initiate fingerprinting and name check clearance procedure immediately upon receiving the concurrent I-140/I-485 package.
Under the Memorandum, actual adjudication will commence with a given file which received fingerprint and name check clearance completed. In other words, those cases which received such clearance will be stacked on adjudication-ready shelves which will then be assigned to the adjudicators for adjudication.
</b>
Click to expand...


It is a question of simple Math..

i) The backlog is going to increase if the number of cases adjudicated is less than the number of new cases filed...

2) So, to increase the number of cases adjudicated than the number of new cases filed, then there are two options;
a) either increase the man power
b) improve the process so that time to adjudicate a case decreases...Assume that for adjudication of each petition, it takes 5 hrs... now with the new process it is going to take 4 hrs...the backlog is going to reduce...otherwise.. the backlog is going to increase...

Now lets take what happened with concurrent filing of I-140/485
Previously it use to take two to eight months for I-140 and with concurrent filing, the over all processing time has increased because of multiple EAD's and AP's and what not, ....
However, looking from candidate perspective, say previously it use to take 6 months for I-140 and after that it use to take 2-3 months to file I-485( our own delays, company delays and finally attorney delays) and he has to wait 6 months to use AC-21. So, the total time was definitely more than 1 year and upto 18 months to use AC 21... Now, it is taking 10 months for some one to use AC 21 and so still this is OK despite increase in the backlogs because of increased processing time.

Now, tell me without any guarantee on the increase in staff and without any sufficient indication that the processing time per application is going to drastically reduce , how this is going to help the new concurrent filers...again, it might turn out to be another "lotto" where you will feel elated if your case is adjudicated else "curse" the God for not getting the lottery.

Hope you got my logic...

-rajum
 
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