Concurrently Filed I-140/I-485s
Concurrently Filed I-140/I-485s
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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.
Question: Does "concurrently filed I-140 and I-485" mean both forms are filed at the same time? If an I-140 is filed on April 27, 2004 and the I-485 is filed on May 20, 2004, under the concurrent filing regulations is this filing sequence - here only a few weeks apart - considered a concurrent filing for these purposes?
USCIS Answer: For the purpose of implementing this memo - concurrent filing means any I-140/I-485 filed at the same time or a subsequent I-485 filing pursuant to a pending I-140 if no adjudicative action has been taken on the I-140.
4-20-04
Hot !!! CHANGES TO USCIS PROCESSING OF I-140s/I-485s ?Effective April 30, 2004, USCIS is going to be doing concurrent ADJUDICATION of concurrently filed I-140s and I-485s:
USCIS issued an Interoffice memorandum dated March 31, 2004, signed by Fujie Ohata, Director of Service Center operations, which was faxed to AILA attorneys this April 20th morning at 8:42 a.m., and this memo confirms that the USCIS has modified the current adjudicative process for the concurrently filed I-140s and I-485s. This is a major change and it is a change for the better.
This memo instructs the USCIS to adjudicate the concurrently filed I-140 and I-485 together. This means that for purposes of measuring and reporting the processing times, the I-140 processing times will control. In other words, a concurrently filed I-485 will no longer be tracked based on the local I-485 processing times. Concurrently filed I-140s and I-485s will be considered to be a separate work load from the current stand alone I-485s.
From a practical standpoint, this means that the long processing times for I-485s may be over, because the USCIS will have to open and adjudicate the I-485 case at the same time as the I-140 case, and the processing times for I-140 adjudication are in the 2-8 month time-frame as opposed to processing times for I-485 adjudication, which have been more like 20-30 months, depending upon whether the case is filed in NSC, TSC, CSC or VSC.
The effective date of this concurrent adjudication is April 30, 2004.
More from AILA: Effective April 1, 2004, the I-140 process was moved into the Residence Product Line. This was done to facilitate the concurrent adjudication of the I-140/I-485's, which will take effect April 30, 2004. This change is not part of the pilot program to adjudicate I-140/I-485 adjudication within 75 days of filing.
EB stand-alone adjustments will continue to be processed, but it is anticipated that processing times will slow as the NSC works two tracks of EB adjustments.
NSC will soon be advancing the PTR dates for EB adjustments. Once less than 10% of a month's cases are still pending, the PTR date will advance to the next month. It should be noted that a small percentage of cases filed prior to the PTR date will still be pending. These are generally cases with expired prints, or more significantly, with pending FBI Name checks.
NSC is currently preparing all EB adjustments for adjudication which were filed December 2002 or earlier. Cases are deemed "adjudication ready" when fingerprints and the FBI name checks are completed. The NSC Contractor reviews all cases filed in December 2002 or earlier on a weekly basis to identify every case ready for adjudication, or conversely, every case with newly expired fingerprints requiring fingerprint rescheduling. This process ensures cases are brought to the adjudicators as quickly as possible and that older cases do not get overlooked.
Most cases filed prior to December 2001 which are not "adjudication ready" are held because of problems with the FBI name clearance. At the NSC there are approximately 2,200 cases filed prior to January 2002 which have not been cleared for adjudication. There are over 24,500 cases filed between February and December 2002 that are waiting for clearances. Again, the NSC sweeps "on deck" cases weekly to move the I-485s that have completed the mandated security clearances to adjudication.
