Terminator Is Here

masala dosa

Registered Users (C)
Concurrent I-140/I-485 Filings to Terminate - Even if PDs are Current!!!

FEEL SORRY FOR LABOR STUCK FOLKS
:confused: :confused:

Sorry fellaas

System is going to dogs
 
well let's put all the facts on the table. USCIS will terminate this (when? not yet) but replace it with premium I-140 filling. So yu can potentialy get I-140 in 15 days and then file 485.

Please fill in if you know things on the contarary.

rgds
 
I-140 these days doesn't take much time....

When premium process comes into place, it will be even faster.....

This is not a big issue as of now.
 
Good in some way ..

masala dosa said:
Concurrent I-140/I-485 Filings to Terminate - Even if PDs are Current!!!

FEEL SORRY FOR LABOR STUCK FOLKS
:confused: :confused:

Sorry fellaas

System is going to dogs

masala dosa,

Although this is defenitely bad news for people who are stuck in the Labor process, the concurrent filing of 140/485 is what got us all in this mess to begin with. Since 2002 everyone started filing 140s and 485s concurrently, all the service centers sped up the approval of 140s and started approving 485s within a few days of approving 140s. This led to a haphazard approval system in which recent PDs started getting approved before people with much older PDs who were not able to utilize concurrent filing or whose 140s got stuck for some reason or the other. The newer PDs ate up visas and finally when the DOS realized that the visas are running out and retrogressed everything, people with much older PDs got screwed. The intent of concurrent filing was right but the execution was terrible.

As for premium processing, this will help but I bet they will make sure to tighten the procedue so as to make sure that not everyone is able to get a 140 through premium processing. Its like PERM, although the process is faster, it is a lot stricter. They will also continue to maintain retro so that cases follow a FIFO policy and a scenario similar to 03 and 04 when people who had applied 6 months ago were getting approved while others were left waiting for years doesn't happen again.

All these changes make me believe that this retrogression is not based "purely" on huge backlogs. The DOS and USCIS are changing a lot of things in the process and to avoid "total chaos" they have blocked about 70-80% of people from filing 485s through retrogression. This retro is making sure that 2001 backlog is eliminated and is also buying them time to "clean" up the system and implement all these new procedures (bi-speciliazation,premium processing, PERM etc etc)

regards,

saras
 
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saras76 said:
masala dosa,

Although this is defenitely bad news for people who are stuck in the Labor process, the concurrent filing of 140/485 is what got us all in this mess to begin with. Since 2002 everyone started filing 140s and 485s concurrently, all the service centers sped up the approval of 140s and started approving 485s within a few days of approving 140s. This led to a haphazard approval system in which recent PDs started getting approved before people with much older PDs who were not able to utilize concurrent filing or whose 140s got stuck for some reason or the other. The newer PDs ate up visas and finally when the DOS realized that the visas are running out and retrogressed everything, people with much older PDs got screwed. The intent of concurrent filing was right but the execution was terrible.

As for premium processing, this will help but I bet they will make sure to tighten the procedue so as to make sure that not everyone is able to get a 140 through premium processing. Its like PERM, although the process is faster, it is a lot stricter. They will also continue to maintain retro so that cases follow a FIFO policy and a scenario similar to 03 and 04 when people who had applied 6 months ago were getting approved while others were left waiting for years doesn't happen again.

All these changes make me believe that this retrogression is not based "purely" on huge backlogs. The DOS and USCIS are changing a lot of things in the process and to avoid "total chaos" they have blocked about 70-80% of people from filing 485s through retrogression. This retro is making sure that 2001 backlog is eliminated and is also buying them time to "clean" up the system and implement all these new procedures (bi-speciliazation,premium processing, PERM etc etc)

regards,

saras




Saras
I agree with you!!
I am a beneficiary of the concurrent filing ( PD July02) Filed concurrent in Dec02.
Yes u said it right, there were desi with me( my co) who got their GC in six months becos they applied in 2004!!! so as u said the old files were buried under the new ones and the officials were using LIFO system!!!(All EB3)

Can you confirm that before the Concurrent filing system things were following FIFO?

Cheers
 
Not really FIFO

masala dosa said:
Saras
I agree with you!!
I am a beneficiary of the concurrent filing ( PD July02) Filed concurrent in Dec02.
Yes u said it right, there were desi with me( my co) who got their GC in six months becos they applied in 2004!!! so as u said the old files were buried under the new ones and the officials were using LIFO system!!!(All EB3)

Can you confirm that before the Concurrent filing system things were following FIFO?

Cheers

masala dosa,

I would say that prior to concurrent filing the system was kind of forced into FIFO. Back then people filed for labor (usually took 6 months to a year prior to 2001), then they filed for their 140 (took another year) and then finally they applied for their 485s. This process was sequential and almost every process took a long time. Although this lead to increased processing times atleast older apps were getting looked at first because newer people were not even allowed to file their 485s till their 140s were approved. The service centers were forced to look at files in an orderly manner. Now when concurrent filing started, it created this new brand of applicants that filed their 485s at the same time as their 140s. To add to our trouble (its really ironic) the service centers improved their speed of 140 processing to a few months for NEW 140 applicants. So now these NEW applicants got their 140s approved within a few months and since their 485s tagged along with their approved 140s these STUPID service centers began approving these NEW concurrent 485s almost within days of approving the NEW 140s. Earlier they had no option because their was no 485 to approve so they moved onto other 140s. This whole concurrent processing created this beast ..

To sum it up .. concurrent processing turned out to be really lucky for a lot of 03 and 04 filers (I personally know people who got their GC in 6-9 months back in 04 and even early 05) and became a nightmare for the rest of us that got left behind ... this is a classic case of mismanagement of policies .. it all boils down to fate my friend .. if any of us had gotten our GC in 03 and 04 when they were handing them out in months we would be praising the system right now ... sometimes I hate the fact that I deduced this nightmare .. it makes me really mad .. :)

regards,

saras
 
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Sorry, pardon my language... but why the F... did DOL not approve LC's on FIFO basis in the first place ??????

Why are the differences even within the same state that later applications were first approved. They should either approve or deny an application, not put it in Limbo for years and years.
 
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