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

Originally posted by rajum
It is a question of simple Math..
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I tend to agree with Rajum here. I have following points in support of this agreement:

1. It is easier to adjudicate I-140 than I-485. I-485 needs FP, security check, medical etc. etc. while I-140 simply requires approved labor. So the intricacies of I-485 are ported down to I-140 and you need to clear all hurdles to even get I-140.

2. With I-140 approval, the AC21 kicks in. You just file I-485, if haven’t filed concurrently, wait for six months and are ready to say bye bye to your employer. Without approved I-140 you need to wait till the complete process is through. So in other words back to square A where you could not change w/o green card or AC21 is meaningless. Remember per AC21, the I-485 has been pending by 180 days after I-140 approval and USCIS CANNOT change the law.

In fact, I see this as conspiracy to deny the benefits of AC21.

3. Also, if I were not mistaken, USCIS would also not issue AP and EAD w/o I-140 approval. So neither one can travel outside nor spouse can work.

So I think that this would turn out to be another sugarcoated pill from USCIS and has no meaning unless they guarantee that adjudication will happen within say 6 months. You and I know that is not possible with current backlogs.
 
Creating a separate product line for concurrent I-140/I-485 filers will obviously have a great impact(obviously positively) on processing time. EB applicants will have separate product line which we never enjoyed in the past. This is the first time CIS has shown some interest for EB applicants.

Again every new scheme will have its own disadvantages, so this product line will be no exception.
 
Relief for the entire class?

After going over the document several times, I am still unable to see how implementing the guidelines will reduce the backlog for Employment based AOS applications in general. It seems to mitigate some damage to I-140 adjudications in concurrently filed petitions and holds promise(?) for potentially faster adjudications of I140 and I485 for this subclass. From the original posting from Rajiv, I get a feeling that this has positive indirect implications on the larger group. I will wait for his explanation. Thanks!
I have a I-485 filed based on an approved I-140
RD Dec 02, EB2, CSC. As it stands today, at CSC the backlog is still growing . :mad:
 
The concerns are well justified. I read it several time and below is what I could make out.

The program will be launched on after April 30th and will apply to cases which are ready for adjudication i.e FP cleared. The memo does not say that the process will apply to cases received after April 30th. Obviously the cases received then cannot be adjudicated as the fingerprint will not be ready for them.

Currently, they have two separate processing streams for processing I140 and I485. I believe, this memo merely creates an additional stream for processing I140 and I485 together. Since the same person is doing both, the total time taken to process will be less.

Below is a summary of what I think will be effect it will have on people.

I485 pending AND I140 approved - no effect.
I485 pending AND I140 RFE - both application will be denied if RFE not replied on time.
I140 pending AND FP not cleared - no effect.
I140 pending AND FP cleared - can expect I140 and I485 processed simultaneously.
 
Pray for the best

Originally posted by I140_2003

The program will be launched on after April 30th and will apply to cases which are ready for adjudication i.e FP cleared. The memo does not say that the process will apply to cases received after April 30th. Obviously the cases received then cannot be adjudicated as the fingerprint will not be ready for them.
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You have a point here. The memo does not say since which RD the applications would come under this product line. I also feel that it could not be applicable to 30th April onwards as for a 1st May application to become eligible, it would take, at least, two more months (FP notices, actual FP, FP receipt by FBI and result transmission to USCIS).

Well, we can hope and pray for the best.
 
Personally, I definitely understand that this change will not help us with the backlog. It might help the future applicants. But, what I don't understand is that why Rajiv thinks the I-485 litigation is over??
 
Is it true that EAD and advance parole won't be given to these new applicants? Is this information confirmed?
The assumption that their cases will be adjudicated in 4-6 month's time is very unlikely!!! What if it takes more than 4-6 months to do these? In that case these applicants won't be able to travel unless their 485 is approved!! ???? Am I understanding this correctly???
 
Originally posted by I140_2003
The concerns are well justified. I read it several time and below is what I could make out.

The program will be launched on after April 30th and will apply to cases which are ready for adjudication i.e FP cleared. The memo does not say that the process will apply to cases received after April 30th. Obviously the cases received then cannot be adjudicated as the fingerprint will not be ready for them.

Currently, they have two separate processing streams for processing I140 and I485. I believe, this memo merely creates an additional stream for processing I140 and I485 together. Since the same person is doing both, the total time taken to process will be less.

Below is a summary of what I think will be effect it will have on people.

I485 pending AND I140 approved - no effect.
I485 pending AND I140 RFE - both application will be denied if RFE not replied on time.
I140 pending AND FP not cleared - no effect.
I140 pending AND FP cleared - can expect I140 and I485 processed simultaneously.
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See in this one, in category 4 i.e. I140 pending AND FP cleared - can expect I140 and I485 , the people who are on the top gets faster approval of 485..their 140 would have approved otherwise..and since this queue starts increasing because of the increased time for 485 adjudication ...except with the top the rest will not have even 140's approved....

To explain more clear...

Suppose 140 adjudication takes 1 hour and to look into 485, say it takes 2 hours...and if combined say it takes less time say it takes 2 hr 30 minutes( because it has more than 2 hours and it has to be less than 3 hours, otherwise there is no point in going for this process). We saved 1/2 hr on each case.
translated in processing times...it now takes 10 months to process I-140 and more than 2 years for I-485. Now with this our processing time has reduced to 1 year 8 months(because this has to take more than 10 months and less than 2 years weighing more towards 485 processing times). Now at least after 10 months one can change the employer and now with the new processing one cannot change the employer till 1 year and 8 months... is it good or bad ?

So, I believe that the bottom in this queue will also not get any benefit....

I think the critical points are:
1) Increase the funding and hence staff for adjudication
2) Reducing the processing time for each application by reducing this drama of multiple EAD, AP ,FP and increase the speed of
security checks.
3) We should get relief immediately after six months whether we call it "interim GC" or whatsoever...

With out working on the basic and real problems, these cosmetic changes does not take us anywhere...

-rajum
 
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Wondering how this would reduce processing time!!!
1. New product line for EB cases will obviously do the trick. Since all reports are based on product line, so it's very easy to implement any policy change just for EB cases.
2. Most of the common RFE for I-485 is Employment letter from current employer, Recent Pay stubs and I-140 approval copy, since all these documents are attached with I-140 application there is no RFE for I-485 , so there is fair enough chance to get I-485 approval along with I-140 approval.


Budget increase will not decrease backlog since there is no guarantee than extra money will be used to adjudicate immigration benefit application rather than immigration control.
 
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Originally posted by Edison
Wondering how this would reduce processing time!!!
1. New product line for EB cases will obviously do the trick. Since all reports are based on product line, so it's very easy to implement any policy change just for EB cases.
2. Most of the common RFE for I-485 is Employment letter from current employer, Recent Pay stubs and I-140 approval copy, since all these documents are attached with I-140 application there is no RFE for I-485 , so there is fair enough chance to get I-485 approval along with I-140 approval.


Budget increase will not decrease backlog since there is no guarantee than extra money will be used to adjudicate immigration benefit application rather than immigration control.
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Edison,
I thought of this RFE business.Initially they may not issue RFE but as processing times increase to say more than 1.5 years they will issue employment RFE , three month pay stub and the same shit even for I-140 approval....

-rajum
 
Lawsuit

I think rajum has legitimate reservations.
Whether the litigation is up, down, closed or open, useful or useless is up to the eye of the beholder. Throw out Point 4, for National Security reasons (looks like we the 2001, 2002 applicants pose security threads) and also get a warm e-mail from Eduardo and company and the rest of the points are vigorously being worked out by CIS. In this sense the litigation loses a lot of steam.
However, if the main goal is to benefit the current applicants then the story is different. Why should we care what they do? Every month they come up with some dirty trick to evade the REAL PROBLEM. The real problem is "BACKLOGS". These pilots and the concurent adjudication are indeed cosmetic experimental trials. They may work by 2006 or later. By that time, I wonder how many will prefer the US as an immigration place. The problems will be solved by a simple elimination process, whether voluntary on the part of the applicants or imposed by CIS.
There is a fixed number of adjudicators with problems in hiring more (training, their security clearance, DHS freeze). The LULAC seettlement will add some 200,000 GC applicants, the asyllee cases will need processing, the pilots will need dedicated adjudicators and now we have concurrent.
It is all smoke in the faces of the applicants who have been waiting for so long. It is a pity also, seeing a number of lawyers who would congratulate CIS on every memo issued (not Rajiv, for clarity).
It is really possible to have the pilots succeed and also the concurrent adjudication work, but for WHO and FOR HOW MANY?
 
Finger Printing Clause

Rajiv / others Please shed some light:

since recent introduction of US VISIT rules, all new vistors (including thoseof us on EB category) have been fingerprinted on arrival.
Is this / is this not a Good database for finger print check and must be considered as having an FP done as in a regular GC process. Please advise if any such provisions exist?

The new memo and the talk of linking up FP for just in time cases
throws up this possibility to "anyway look up the same finger prints"
 
If i am not wrong in my interpretation and with all my due respect to Rajiv for his untiring effort to Bring USCIS on it Knees ,Actually we won it for Future Immigrants and not for the present Sufferers.This will not eliminate the sufferings of the existing lot.But i may be wrong in my observation since Rajiv has the right insights in the legal matters.

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? :)
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Originally posted by Edison
Wondering how this would reduce processing time!!!
1. New product line for EB cases will obviously do the trick. Since all reports are based on product line, so it's very easy to implement any policy change just for EB cases.
2. Most of the common RFE for I-485 is Employment letter from current employer, Recent Pay stubs and I-140 approval copy, since all these documents are attached with I-140 application there is no RFE for I-485 , so there is fair enough chance to get I-485 approval along with I-140 approval.
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Thinking from the process point of view, the only way you can reduce backlog is by reducing the amount of time an officer spends on a case. So in a given time frame, say a month, an officer can work on more number of cases, resulting in more case processed, eventually reducing the backlog.

I would say, this is an excellent strategy CIS have taken, hope it works as planned. Sad it does not help people waiting for a long time.

I agree with RajuM it will probably increase the I140 processing time.

Cinta, I do not think this is a dirty trick. I also do not think they are doing this to help the applicants. They are doing this to reduce the backlog, period.
 
http://immigrationportal.com/showthread.php?s=&threadid=122654#post758163

The USCIS will attempt to succeed new program even adding all available resources.
If old applicants see new applicants get approved within a couple of months, most of old applicants may file new I-140 and I-485 applications, except those who is too poor to pay increased filing fees or who has a special reason.
If all old applicants move to new program, the USCIS can assert that the backlog is less than a year, even though the number of pending cases is the same.
Also, USCIS can save money that has to use for old pending cases.
It's really a great backlog reduction plan for USCIS, isn't it ?
 
this isn't of any help to us old filers ...

if USCIS cannot clear a 485 case where I-140 is approved, FP has cleared etc in < xxx days, how can they do 140, 485 etc, all of them in < xxx days.

this is just their way of saying they don't care. they assume they know how to manipulate numbers. any person with half a brain won't be this much stupid to come up with such a plan. think about it - which organization will provide service arbitrarily. they should stop calling themselves a "service center". i am totally frustrated with not implementing the obvious FIFO policy.
 

All it means is that USCIS has a master plan to screw all the old applicants. Is this their way of taking revenge? Is this the reason why 140 application filed between Sep 2002 and Apr 2003 are held back. These guys would be struck there as they can't execise their AC21... poor souls.

I am curious as to what Rajiv has to say about this? All I could see is that Fujie is not very happy about the litigation!

:mad: :mad: :mad:
dyno
 
I have read all your comments

I think ths is great for future filers. But CIS has not announced any plans yet for pending apps.

I am trying to arrange a face-to-face.


the litigation goes on. But I am hopeful that good things will come about. Finally this agency has moved off its duff.


Shall we do a conference call? someone take over and arrange it. I can speak with everyone. I can hang out with you folks for 1-2 hours. I think everyone should pay for their own long distance phone charges. Someone should volunteer to take notes while we talk, so everyone can get a sense of what we have talked about.

Who will take over?
 
I guess many of us is concerned with "what about old filers", "are new filers going to get approval before oldfilers/some very old filers?"
If old filers would continue to suffer, I'd say the lawsuit just started! We demand justice and fairness. I hae a feeling this is a face lift for the election year. Oldfilers are no their concern.
 
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