This is what I heard...

Originally posted by manoj2003
Also, he claims that all of use must get it done by the end of year.....he he he... I laughed on his face on this.. but who knows he may be right...:D :D :D
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He is right, if implemented fully - concurrent filers will have party time(atleast who file till 2nd quarter will be cleared.).
 
Originally posted by manoj2003
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.
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manoj

did he say anything about this type of case.

Filed concurrently I140 ND 07/07/03 I485 ND 10/02/03 Got RFE on I140 on 04/19/04. Since there is any RFE on I140 it may not fall under this category .

But Once they receive the RFE are they going to put it back onto the Q?? ( Which would logially makes sense but hey..) or even though they are concurrent they will not put them onto the Q>

this is my case and i am sure there are quiet a few no of cases like this .
 
Originally posted by hmd
manoj

did he say anything about this type of case.

Filed concurrently I140 ND 07/07/03 I485 ND 10/02/03 Got RFE on I140 on 04/19/04. Since there is any RFE on I140 it may not fall under this category .

But Once they receive the RFE are they going to put it back onto the Q?? ( Which would logially makes sense but hey..) or even though they are concurrent they will not put them onto the Q>

this is my case and i am sure there are quiet a few no of cases like this .
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You are in Q. Don't worry. Most likely adjudicative process is limited to adjudication itself, else everything could be counted as adjudicative process. Manoj... your turn.
 
hmd,
this might be a coincident but one of my firend who works for same company as mine was with me when we had this session, he filed his case on July 1st 2003, both i140/485 on same day,he got his FP done last month, but he got an RFE on his i-140 case last week and he asked same question and attorny said

"since they have already taken and action on your i-140, it may not fall under memo cateogry"..

but as I said before it is good to listen an attorny as he knows much more then we do, but he made clear this again and again (which was so nice and professional on his side) that this is just interpretation which we are making based on a paper, he strongly beleive that that paper is not everything but was a peice of whole document...he kept saying that we need to wait and watch..but he really felt that , hung 485 cases may get a strong lift and he thought free resources from 485 cases may work on those old cases,personally he felt that it could be a smar decision.

thx
 
First look at this post from the forum "****Hearing date fixed for 14 May, 10 AM****"


Originally posted by iknowitall
Ok guys I have just joined this forum a few minutes ago. Couldn't resist to get in to the mess. Had been reading a lot about passively. Alot of confusion on the I-140/485 concurrent file and processing. Well the good or the bad news is I fall in this category. EAD received in April 2004, also FP done 1 week back 140 and 485 pending. Receipt date in Feb 2004 for both applications.

Now out of curiosity I called USCIS today to ask about whats going on. And well this could be totally false but this is what the lady who picked up the phone told me.

You are a concurrent filer for 140 and 485 so your application will be processed together BUT hear this " The processing date will be that of the 485 application" ??????????????? and I was like OK. And well you can imagine what that means she told me in my case they we processing Dec 2001. Now if what she said is true all the best concurrent filers because it looks like we wont even see a 140 approval and I dont know what that means in concern to the 180 days waiting rule.

Rajiv all my wishes and luck is with you and hope we get something out of this litigation but well please make sure you clarify during the hearing what the USCIS is up to because as of now what I see and heard from them today morning concurrent files are in much deep than they think.
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Second thing is that I don't trust >90% of the lawyers. My lawyer is suppose to be one of the best in the country, my university recommended him as one of the best I can have, and all that he did for my application was to fill the forms and tell me to wait .... many times when I was talking to him he had no idea what was going on. Many of them are interested only in taking the money, filling up your forms and send them to USCIS, they don't even follow up to see what is happening with your application. And is understandable since they got your money and they cannot offer you new services where they can charge you more. From this perspective hats off for Rajiv, because of what he is doing here and with the lawsuit. The only lawyer with integrity I met in life so far, and maybe I am a little maniac but I interacted/discussed with ~40, all of them immigration lawyers.

So the bottom line is not to take as the pure truth what manoj's lawyer or somebody else is saying, at this moment nobody knows exactly what will happen, and everything else is pure speculation ...
_______________________________

Hope for the best and for a fair and speedy adjudiciations for everybody
 
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nemessis,

you are right, thats what my attorny kept saying that this is just his interpretation and thoughts, no one knows what they are going to do after 1st may, so i guess u have a vary valid point.

but ur conversation with USCIS rep in the morning made me raise this point here that what kind of understand those guys have abt the memo?

in other words, you me and every one else, we are not immigration expert but by simply reading the memo we could understand that memo in plain english says "local i-140 dates will control the case" then why did they told you that processing date would be 85 processing date???

this sacry, a real mess.....

thx for sharing ur exp though..
 
Originally posted by manoj2003
....thx for sharing ur exp though..
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It is not my experience, as I said it was posted on the forum "****Hearing date fixed for 14 May, 10 AM****", I just took it from there ... and again no reason to be scared since nobody knows yet what will happen
 
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Originally posted by manoj2003
hmd,
this might be a coincident but one of my firend who works for same company as mine was with me when we had this session, he filed his case on July 1st 2003, both i140/485 on same day,he got his FP done last month, but he got an RFE on his i-140 case last week and he asked same question and attorny said

"since they have already taken and action on your i-140, it may not fall under memo cateogry"..
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Well only difference is i have not given my FP yet.
i think that i might fall into the case. Actually they can use our cases as strart with so that they can gain some experience since I140 is already been acted upon with adjucation they can adjucate I140 and then go with I485. (less work)

If the stars are aligned right you friend might get both approved in same time. I have seen cases on this forum (last month) where they approved both I140 and I485 at the same time. Ofcourse they had their FP Done and it was more than one year from their ND for I140.

anyway if i can predict how USCIS works i don' think i will be doing what i am doing for living....
 
I was under the impression that the folks who answer the phone service at INS are usually wrong. I would not (partly cuz I dont want to :) ) take her words seriously. Also, I read in different threads how the phone answering ladies/gentlemen turn out to be dumb (so-to-speak).

But, hey, this is all speculation. But, it is fun, in a way like gambling. I already feel like I am in a casino. :D

Lets wait and see...

Good luck to you all. And, of course, good luck to me.. :)
 
Originally posted by hakoonamataata
Well said ... I'd rather predict the election results in India ;)
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that's easy . whatever is the oppsite of exit polls and opinion polls is true.(atleast in the 5 years)
 
Re: Re: Re: This is what I heard...

Originally posted by nemessis
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?
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My 'Q theory' does not take into account PRIMA FACIE review (new term I learnt at this forum) by the case worker. Maybe she didnt like ppl with moustaches (men or women) and decided to put them in 485 Q!
 
My lawyer has been very consertive, and he hasn't told me one thing that did come true yet. And he told me that he heard INS is going to move very fast and there is a high probability that my case will be approved in 6 months.
 
God bless him then ... I hope this is not the first time when he is wrong ... that's my feeling also, by mid-end of June they will bring I140 up-to-date. It looks like there were lots of transfers for I-485, in the last weeks, maybe they are transfering the cases with problems and after that the clear ones will get approved with the same speed like I140 is now ... let's keep the fingers crossed for that.

LCSilence said:
My lawyer has been very consertive, and he hasn't told me one thing that did come true yet. And he told me that he heard INS is going to move very fast and there is a high probability that my case will be approved in 6 months.
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question

nemessis,

When you said 485 cases are being transferred, did you mean they are being transferring to the local USCIS office ?

Thanks
 
Yes

You're right ...

eternal_labor said:
nemessis,

When you said 485 cases are being transferred, did you mean they are being transferring to the local USCIS office ?

Thanks
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