TSC on I-140/I-485 Processing

[harvydonald]

This is not fair....

TSC on I-140/I-485 Processing

The USCIS Service Center procedures for adjudicating concurrently filed
I-140/I-485 cases changed as of April 30, 2004. The cases are now,
essentially, on one track with the intent that they will be reviewed in one
step. Previously, the I-140 petition adjudication was separate from the
adjudication of the I-485 application. There is more information about
this change in procedure in our April 23, 2004 MURTHYBULLETIN article,
"New Procedures for Concurrently Filed I-140/I-485 Cases"
<http://www.murthy.com/news/n_newpro.html>, available on MurthyDotCom.
This change has given rise to a variety of questions on how cases are
actually being processed. The Texas Service Center (TSC) provided some
clarification about their processing procedures and timing which was
released in late September 2004.

Concurrently-Filed Cases

The current TSC policy is to process concurrently-filed I-140/I-485
cases according to the I-140 processing dates. As of this writing, TSC
reports processing dates of July 25, 2003 for all classes of I-140s except
Schedule A nurses. This means that they are working on I-140 cases that
were filed on or after July 25, 2003.

A concurrent case is one for which the I-140 and I-485 literally are
filed together; but also include those cases for which the I-485 is filed
after the I-140 but before I-140 approval. The TSC suggests that it is
better to file the I-140/I-485 together, if at all possible. If the TSC
is able to process both the I-140 and I-485 within the posted times for
I-140 processing, this can significantly improve the processing time.
We have seen faster processing of some of our TSC cases, as reported in
our September 17, 2004 article, "I-485 Adjudication Update : Fast
Approvals Continue" <http://www.murthy.com/news/n_485adj.html>, also
available on MurthyDotCom.

Non-Concurrent Cases

The TSC states that non-concurrent filings, for which the I-140s
previously were approved, are adjudicated based upon the I-485 processing
date. TSC Processing Times posted September 22, 2004 show a processing
date of April 22, 2002 for employment-based I-485 cases. This means that
they are working on cases filed on or after April 22, 2002. Thus, the
processing for non-concurrent cases is, generally, significantly slower
than concurrently-filed cases. As outlined above, TSC considers cases
with the I-485 filed after the I-140 was approved to be non-concurrent
cases.

Conclusion

As we reported to MurthyDotCom and MURTHYBULLETIN readers last week in
our Sep 24, 2004 article entitled "DOL Backlog Elimination – September
2004 Update" <http://www.murthy.com/news/n_dolbac.html>, the backlog
reduction measures, including concurrent processing, have had an impact
on some cases. We at The Law Office of Sheela Murthy, P.C. continue to
see isolated examples of significantly faster processing in some of our
cases. The processing times continue to be fairly erratic and
unpredictable, however. We are pleased that the TSC has provided this insight
into their current system for adjudication of immigrant cases.

© 2004 The Law Office of Sheela Murthy, P.C. All Rights Reserved

 

[superb]

Wrong Policy

It is absurd to give preference to concurrent filers to process 485. In fact they should give preference to people who have alreday 140 approved. The policy of filing 485 after 140 approval is from start and they should not punish who followed that. My company manager got mean and didn't let do concurrent filling and now I have to wait still more two years. On the other hand people who filed concurrent at the same time getting 485 approval is just insane.

May be TSC should learn about fair and balanced words.

 

[Groan]

I am skeptical about whether they are even following their own rules. A friend's non-concurrent 485 filed in May 2003 was approved last week. His 140 was approved in 2001. Go figure. Policy my @ss.

 

[tammy2]

It is another drama to show the backlog is reduced. Earlier I-140 and I-485 were counted separately. Now they are telling if you apply together then it is one application. By doing like this they can show a much reduced backlog numbers.

 

[asifdhanani]

This is complete BS

My I-140 and I-485 were concurrent RD/ND Jan 8th and 9th, 2003 but my I-140 got approved December 2003. My wife who is a beneficiary (derivative) got her fingerprinting done in November, 03. I still have not gotten FP...so much for the concurrent theory.
Sometimes I really feel they are smoking some weird stuff when they come out with their policies.....
Not that I'm complaining because I personally know people who are ahead of me still waiting but come on spare us the bull....

Still good luck to all