This is what I heard...
- Thread starter gc80
- Start date
Re: Re: Re: Re: FP notices
The thing I don't understand is this: presumably they want to do something for the backlogs and they come with this idea to process the concurrent applic separately, to speed up the whole process, to not have 2 people working on your I140 and 485 separately but one person for both. I don't think they've heard about the memo or the intention to do something on March 31, but much earlier when the I140 dates were back in 2002. So their way to help the backlogs is to approve as many I140 as possible without sending FP notices to not have many people benefiting from the memo and keeping the I485 backlog at the same level or worse since maybe some adjudiciators from I485 will be moved to the new line.
And what will happen with the I140 after May 1st? Who can guarantee for the ones who don't have 140 approved nor FP that they will receive it soon and they will benefit in a timely manner from the new memo?
Can somebody clarify this?
Originally posted by PhillyKP
Oh, OK.
The thing I don't understand is this: presumably they want to do something for the backlogs and they come with this idea to process the concurrent applic separately, to speed up the whole process, to not have 2 people working on your I140 and 485 separately but one person for both. I don't think they've heard about the memo or the intention to do something on March 31, but much earlier when the I140 dates were back in 2002. So their way to help the backlogs is to approve as many I140 as possible without sending FP notices to not have many people benefiting from the memo and keeping the I485 backlog at the same level or worse since maybe some adjudiciators from I485 will be moved to the new line.
And what will happen with the I140 after May 1st? Who can guarantee for the ones who don't have 140 approved nor FP that they will receive it soon and they will benefit in a timely manner from the new memo?
Can somebody clarify this?
hakoonamataata
Registered Users (C)
All this might have been well-planned. VSC approved lots of 140s recently so that, when they have to address this memo, they would have to deal with fewer cases.
So, dont get very excited about this whole memo thing. This while "drama" may not prove any lucky to most of us.
The bottomline is that the memo is not going to help most of us. It sure helps some of our lucky friends. Good for them.
The other thing is, probably, USCIS is using this whole thing to prove that they "are trying" to reduce backlogs. Remember that lawsuit??
So, dont get very excited about this whole memo thing. This while "drama" may not prove any lucky to most of us.
The bottomline is that the memo is not going to help most of us. It sure helps some of our lucky friends. Good for them.
The other thing is, probably, USCIS is using this whole thing to prove that they "are trying" to reduce backlogs. Remember that lawsuit??
One more thing
I did some scanning for I485 applic between Feb-July 2003, picking up every fifth day - it's not 100% correct but gives a pretty good estimation of what's going on. I did the same for I140 and I noticed when they speeded up the applic so I could estimate at least with a 2 weeks error when I can expect my approval. What I observed was that for a pretty big number of applications which have the message FP Received, the date of the received FP changed almost every day in the last week. I guess most of this guys have I140 approved since the applic are from Feb-July 2003. Why this interest in their applic from USCIS? According to some theories posted here, these people are doomed to remain in the I485 pipeline for another 1-2 years, so why USCIS will bother to look over their applic almost every day? Or is a sign that their applic are JIT, being prepared for "the infamous" now May 1st?
I did some scanning for I485 applic between Feb-July 2003, picking up every fifth day - it's not 100% correct but gives a pretty good estimation of what's going on. I did the same for I140 and I noticed when they speeded up the applic so I could estimate at least with a 2 weeks error when I can expect my approval. What I observed was that for a pretty big number of applications which have the message FP Received, the date of the received FP changed almost every day in the last week. I guess most of this guys have I140 approved since the applic are from Feb-July 2003. Why this interest in their applic from USCIS? According to some theories posted here, these people are doomed to remain in the I485 pipeline for another 1-2 years, so why USCIS will bother to look over their applic almost every day? Or is a sign that their applic are JIT, being prepared for "the infamous" now May 1st?
Re: Re: This is what I heard...
Brigand,
According to your theory in the last several weeks only non-concurent cases were approved. This is your post from Apr 24:
"... My take is, when the case worker pickep up my case and saw that I was concurrently filed, with FP complete, she transferred my case to NEW process. She did not bother with adjudication ..."
Check the I140 tracker and see lots of concurent applications filled between Jan-June 2003 with FP done which had I140 approved in the last weeks. How do you explain that with your Q theory?
Brigand,
According to your theory in the last several weeks only non-concurent cases were approved. This is your post from Apr 24:
"... My take is, when the case worker pickep up my case and saw that I was concurrently filed, with FP complete, she transferred my case to NEW process. She did not bother with adjudication ..."
Check the I140 tracker and see lots of concurent applications filled between Jan-June 2003 with FP done which had I140 approved in the last weeks. How do you explain that with your Q theory?
ok here is my question.
what if RFE is issued on last/third week of april 04 and CIS recieves it After may 1 st 04. I485 is filed on ND10/02/03 so is I140(07/07/03).
now that they have recieved response to RFE and I140 is not adjucated will the corresponding I485 will go to the new Q along with I140.
FP has been not done yet
The above scenario is actually my case.
I hope it will go to the new Q.
any ideas are welcome.
what if RFE is issued on last/third week of april 04 and CIS recieves it After may 1 st 04. I485 is filed on ND10/02/03 so is I140(07/07/03).
now that they have recieved response to RFE and I140 is not adjucated will the corresponding I485 will go to the new Q along with I140.
FP has been not done yet
The above scenario is actually my case.
I hope it will go to the new Q.
any ideas are welcome.
Re: Re: This is what I heard...
folks, take a look at this... what I said earlier (based on my reliable sources) makes complete sense...
http://www.usimmigration.net/pages/10/index.htm
Concurrently Filed I-140/I-485s
Question: Regarding your March 31, 2004 interoffice memo (90/16.45) providing guidance for concurrent adjudication of concurrently filed I-140s and I-485s, kindly clarify the following points: (a) Are your instructions equally applicable to concurrently filed cases that are (i) currently in the pipeline and (ii) not yet adjudicated (or just to cases filed concurrently from now on)?
USCIS Answer: If there has been no adjudicative action regarding the I-140, our recent memo would also apply to concurrently filed I-140/I-485 cases that are in our adjudication pipeline. If we have already adjudicated the I-140, our memo would not apply.
Question: Do you plan to have a single PTR [Processing Time Report] date for I-140s filed as stand-alone and for (same classification) I-140s filed concurrently with I-485s? (In other words, will an EB3 I-140 filed on April 27, 2004 be adjudicated at the same time as a concurrently filed EB3 I-140/I-485 filed on April 27, 2004?)
USCIS Answer: There would be one PTR date for I-140s filed as stand alone and concurrent filings. However, if the case is a concurrent filing, the I-140/I-485 packet will be pulled when the I-485 is adjudication ready (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.
folks, take a look at this... what I said earlier (based on my reliable sources) makes complete sense...
http://www.usimmigration.net/pages/10/index.htm
Concurrently Filed I-140/I-485s
Question: Regarding your March 31, 2004 interoffice memo (90/16.45) providing guidance for concurrent adjudication of concurrently filed I-140s and I-485s, kindly clarify the following points: (a) Are your instructions equally applicable to concurrently filed cases that are (i) currently in the pipeline and (ii) not yet adjudicated (or just to cases filed concurrently from now on)?
USCIS Answer: If there has been no adjudicative action regarding the I-140, our recent memo would also apply to concurrently filed I-140/I-485 cases that are in our adjudication pipeline. If we have already adjudicated the I-140, our memo would not apply.
Question: Do you plan to have a single PTR [Processing Time Report] date for I-140s filed as stand-alone and for (same classification) I-140s filed concurrently with I-485s? (In other words, will an EB3 I-140 filed on April 27, 2004 be adjudicated at the same time as a concurrently filed EB3 I-140/I-485 filed on April 27, 2004?)
USCIS Answer: There would be one PTR date for I-140s filed as stand alone and concurrent filings. However, if the case is a concurrent filing, the I-140/I-485 packet will be pulled when the I-485 is adjudication ready (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.
exploited_forGC
Registered Users (C)
Service Center Operations Updates - 04/28/04
gc80's :
Same was posted here in the imigration web site. I have posted without reading tillend of this thread.
http://www.immigration.com/newsletter1/soc042804.html
gc80's :
Same was posted here in the imigration web site. I have posted without reading tillend of this thread.
http://www.immigration.com/newsletter1/soc042804.html
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The second answer from USCIS seems to be quite dangerous for people with pending I140
the I-140/I-485 packet will be pulled when the I-485 is adjudication ready (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.
Based on this, people like me whose I140 is pending will stay pending till my turn of I485 comes.... may be after another 2-3 years.... and we can't use AC21 as well...
the I-140/I-485 packet will be pulled when the I-485 is adjudication ready (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.
Based on this, people like me whose I140 is pending will stay pending till my turn of I485 comes.... may be after another 2-3 years.... and we can't use AC21 as well...
Re: Re: Re: This is what I heard...
OK, I understand guys you're happy to believe that your applic will be approved pretty soon ... but still nobody came with any evidence that the I140 will continue with the same speed. Brigand came with the 3Q theory and he seems very confident with it. It may be true but there are other theories that may work as well: let's say that USCIS are really concerned by the backlogs and they are trying to do something about it. After H1B quota was reached my lawyer had a meeting with USCIS officials and the senators from the state and they said that the H1B resources will be used for GC. So they put all the manpower from H1B to work on I140 and the result was that the backlog was reduced from almost 2 years to 8 monts in less than 2 months. They can claim now that for I140 thay achived significant results. What if they will move this manpower they used for I140 to I485-alone Q after May 1st, and in the same time they create the concurrent Q but with less significant manpower since the nr of eligible applic is small? This will explain why the received date for FP changes every day for Jan-July 2003 applic. USCIS is well known of having "priorities" shifting all the time the resources where they consider necessary. How can we find out if this theory is true or brigand's (and others): I will continue to scan in the database for 2003 I already have (it looks like sbctsublc delayed a little bit his 2002 updates this week, maybe he is waiting for May 1st too to see what is happening ...) and we might be able to understand next week what are the priorities now at USCIS.
If my theory is true than the people who didn't have I140 approved might see a very slow 140/485 processing after May 1st ... so I think is too early to get very excited ...
OK, I understand guys you're happy to believe that your applic will be approved pretty soon ... but still nobody came with any evidence that the I140 will continue with the same speed. Brigand came with the 3Q theory and he seems very confident with it. It may be true but there are other theories that may work as well: let's say that USCIS are really concerned by the backlogs and they are trying to do something about it. After H1B quota was reached my lawyer had a meeting with USCIS officials and the senators from the state and they said that the H1B resources will be used for GC. So they put all the manpower from H1B to work on I140 and the result was that the backlog was reduced from almost 2 years to 8 monts in less than 2 months. They can claim now that for I140 thay achived significant results. What if they will move this manpower they used for I140 to I485-alone Q after May 1st, and in the same time they create the concurrent Q but with less significant manpower since the nr of eligible applic is small? This will explain why the received date for FP changes every day for Jan-July 2003 applic. USCIS is well known of having "priorities" shifting all the time the resources where they consider necessary. How can we find out if this theory is true or brigand's (and others): I will continue to scan in the database for 2003 I already have (it looks like sbctsublc delayed a little bit his 2002 updates this week, maybe he is waiting for May 1st too to see what is happening ...) and we might be able to understand next week what are the priorities now at USCIS.
If my theory is true than the people who didn't have I140 approved might see a very slow 140/485 processing after May 1st ... so I think is too early to get very excited ...
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sanju_y678
Registered Users (C)
Hi Friends,
I have one question for all of you.....
what happens to those people do not have thr I-140 Approved and no FP....but current processing time for I-140 has passed ...wht are thy going to do with them...
Example -
my case - EB3 ~ EAC03-185-XXXXXX
I140 ND--> 06/09/2003... But Current Process..I-140- 06-Aug-03
I-486 ND--> 14-JUL-2003
Thanks,
Sanjeev
I have one question for all of you.....
what happens to those people do not have thr I-140 Approved and no FP....but current processing time for I-140 has passed ...wht are thy going to do with them...
Example -
my case - EB3 ~ EAC03-185-XXXXXX
I140 ND--> 06/09/2003... But Current Process..I-140- 06-Aug-03
I-486 ND--> 14-JUL-2003
Thanks,
Sanjeev
My attorny shared this info with me, before i start I would like to make sure that according to him this info is no inside info but his interpretation of the memo,
here is what he reads between lines.
1. if your case is filed concurrently and i-140 is not touhed yet, there is no RFE on I-140, there is no RFE on 485 then you may fall under this category.
2. First thing they would do is to pick you i-485 from where ever it is right now and would make one package of that, this package would be placed on JIT based on i-140 processing date, so lets say that case is filed on Sep 20th, current i-140 date is Aug 6 th, based on this this case can be on JIt in next 40 days.
3. So now officer goes and picks your package from JIT and ouches 485 first and see if he has FP and name clear report for you, if he has then he would procees your i-140 and 485, if there is any RFE on any of them, it would be issued, if FP is not done yet, officer would schedule FP for you and would keep package on hold (he is not sure how they would do it as according to him FP thing is done by some kind of s/w and human interection is allowed), once you FP and name checks come, they would again process your case.
Once again this is his interpretation of memo and not internal info
but he added couple of points here, these are his thoughts.
1. He has a doubt that they may actually go ahead and work on existing backlog first, so to approve all existing 485's where i-140 is approved, he has no info regarding this but he thinks that there might be additional documentation regarding this as it just does not make any sense to keep old guys hanging and working on new guys, he logic is that they are trying to clear backlog and to keep people happy, they would not be able to do this unless old backlog is cleared in proper way, again this is what he thimks from his expereince.
2. he thinks that since i-140 and i-485 would be put together and all those resources dedicated to concurrently filed 485's would be free, they may use those resources to work on old 485s where i-140 is approved and 485 is hanging in the air, he thinks there is a high chance that there might be rain of approvals for old 485s.
3. exisiting i140 resources and h1b resources might be working on i-140+485 packages.
4. according to him people who filed solo and have not got i-140 approved y et might be in real fix, he thinks this is uscis's passive effort to force people to go fo concurrent, there would be lot of people pulling solo apps and may go for concurrent, he thinks, word "solo filing" may be h istory vary soon.
5. on thing which he told me, and he said that I can consider this as internal info, uscis has offerd officers to work on weekend with extra salary, not sure though if many officer would like to do so.
6. According to him, 2 months back, when apr and may i-140's were being processed, he saw 50% cases getiing RFE , those RFE were like crap RFEs andf 90% of those cases got approved, according to him, this was just an effort from USCIS to get some free time, plan resources and clear some old cases, again he is just talking from his expereince.
7.ONE THING WHICH BOTHERS HIM IS THAT THEY CAN NOT ISSUE MORE THEN 140,000 GC IN A YEAR, SO THERE IS AGAIN CHANCE THAT NEW FILERS (LATE 2003 AND EARLY 2004) MAY NOT GET WHAT THEY WANT TO GET IN THIS YEAR, BUT AGAIN THIS IS WHAT HE THINKS.
--------------------
KI worte here what ever i heard from him, i have no intetion to guide or misguide some one, it is just that i wanted to share this with every one and also I wanna see what you guys think abt this info he gave me..
thx a nd good luck...
here is what he reads between lines.
1. if your case is filed concurrently and i-140 is not touhed yet, there is no RFE on I-140, there is no RFE on 485 then you may fall under this category.
2. First thing they would do is to pick you i-485 from where ever it is right now and would make one package of that, this package would be placed on JIT based on i-140 processing date, so lets say that case is filed on Sep 20th, current i-140 date is Aug 6 th, based on this this case can be on JIt in next 40 days.
3. So now officer goes and picks your package from JIT and ouches 485 first and see if he has FP and name clear report for you, if he has then he would procees your i-140 and 485, if there is any RFE on any of them, it would be issued, if FP is not done yet, officer would schedule FP for you and would keep package on hold (he is not sure how they would do it as according to him FP thing is done by some kind of s/w and human interection is allowed), once you FP and name checks come, they would again process your case.
Once again this is his interpretation of memo and not internal info
but he added couple of points here, these are his thoughts.
1. He has a doubt that they may actually go ahead and work on existing backlog first, so to approve all existing 485's where i-140 is approved, he has no info regarding this but he thinks that there might be additional documentation regarding this as it just does not make any sense to keep old guys hanging and working on new guys, he logic is that they are trying to clear backlog and to keep people happy, they would not be able to do this unless old backlog is cleared in proper way, again this is what he thimks from his expereince.
2. he thinks that since i-140 and i-485 would be put together and all those resources dedicated to concurrently filed 485's would be free, they may use those resources to work on old 485s where i-140 is approved and 485 is hanging in the air, he thinks there is a high chance that there might be rain of approvals for old 485s.
3. exisiting i140 resources and h1b resources might be working on i-140+485 packages.
4. according to him people who filed solo and have not got i-140 approved y et might be in real fix, he thinks this is uscis's passive effort to force people to go fo concurrent, there would be lot of people pulling solo apps and may go for concurrent, he thinks, word "solo filing" may be h istory vary soon.
5. on thing which he told me, and he said that I can consider this as internal info, uscis has offerd officers to work on weekend with extra salary, not sure though if many officer would like to do so.
6. According to him, 2 months back, when apr and may i-140's were being processed, he saw 50% cases getiing RFE , those RFE were like crap RFEs andf 90% of those cases got approved, according to him, this was just an effort from USCIS to get some free time, plan resources and clear some old cases, again he is just talking from his expereince.
7.ONE THING WHICH BOTHERS HIM IS THAT THEY CAN NOT ISSUE MORE THEN 140,000 GC IN A YEAR, SO THERE IS AGAIN CHANCE THAT NEW FILERS (LATE 2003 AND EARLY 2004) MAY NOT GET WHAT THEY WANT TO GET IN THIS YEAR, BUT AGAIN THIS IS WHAT HE THINKS.
--------------------
KI worte here what ever i heard from him, i have no intetion to guide or misguide some one, it is just that i wanted to share this with every one and also I wanna see what you guys think abt this info he gave me..
thx a nd good luck...
Jharkhandi
Registered Users (C)
manoj2003,
Thank your attorney for sharing his thought and thanks to you for sharing that info with rest of us. I have one query on 140,000 limit in a year. Cases have got their quota from their respective years and are backlogged now(6 Months+). Concurrent filing can be done only when immigrant visa is available, so why should the quota issue come up for late 2003 and early 2004 cases? Does he thinks it will be a problem to clear backlogs due to any limit? (Sorry I am not aware of it - will be great if we can get expert's opinion on the question of why!)
Thank your attorney for sharing his thought and thanks to you for sharing that info with rest of us. I have one query on 140,000 limit in a year. Cases have got their quota from their respective years and are backlogged now(6 Months+). Concurrent filing can be done only when immigrant visa is available, so why should the quota issue come up for late 2003 and early 2004 cases? Does he thinks it will be a problem to clear backlogs due to any limit? (Sorry I am not aware of it - will be great if we can get expert's opinion on the question of why!)
Isn't that issue dependent on one's labor priority date rather than date of I140/I485 application? I assumed that as long as one's PD is earlier that the date they are accepting ( it seems to be current now), they have already counted the application towards the quota. Am I missing something?
Thanks for sharing this info with us!!!
you know what guys, I apologize, this is my mistake, he also used word GC quota, he said something like it depends on GC quota which they have alloted for us,and I guess I messed that up by putting that number from somewhere else.
It is totally my mistakeeeeeeeeeee..
sorry...
It is totally my mistakeeeeeeeeeee..
sorry...