Update on USCIS website

joyd said:
ETA,

Can you also include AP dates in your summary, they have moved by a whopping 3 months in yesterday's update, from Dec'03 to Mar'04.
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Sure I can start tracking AP (never applied for it myself so I didn't bother). That's the I-131, right?

ETA
 
I tried using immigrationwatch.com to get a better picture of where I-140 processing is really at (at the VSC) using my ND (10/23/03) and ND's from previous months (xx/23/xx). The following shows the % of approved cases for each date.

10/23/03: 24%
09/23/03: 34%
08/23/03: 43%
07/23/03: 51%
06/23/03: 56%
05/23/03: 60%
04/23/03: 62%
01/23/03: 67%
12/23/02: 68%
06/23/02: 77%
01/23/02: 84%

ETA
 
Time for another update??

I think that USCIS should be publishing an update today or tomorrow.. the last update was on May 19, 04. I am not too optimistic about this one since we have not seen too many Oct approvals.

S
 
updated today

06/02/2004: Concurrent Adjudication (I-140 + I-485) Guidance of USCIS HQ

As we reported earlier, on March 31, 2004, the USCIS issued a memorandum to the Service Centers to adjudicate concurrently for the concurrently filed I-140 and I-485. Accordingly, people may assume that since about May 1, 2004, the Service Centers have been processing concurrently filed I-140/I-485 cases separately and differently from the I-485 cases which were filed alone. Following are the guidance for concurrent adjudication of concurrently filed I-140+I-485 cases under the memorandum:
In the Service Center processing times reports, the concurrently filed I-485 processing time coincides with the I-140 processing time. In other words, for these filers, they should keep track of I-140 processing time and not I-485 processing time in the bi-weekly official processing time reports of the Service Centers. For them, I-485 processing time is the same as I-140 processing time. Meanwhile, those who filed I-485 separately should keep track of I-485 processing times in the bi-weekly reports.
For the concurrent adjudication filers, I-140 petition and I-485 application always stay together. This will result in two consequences: First, since I-140 is not adjudicated separately, the previous procedure of prima facie review of I-140 eligibility is more or less removed and discouraged. Second, in order for the I-485 adjudication to be completed in the same pace with the I-140 adjucation, the Service Centers will accelerate the name check and fingerprint job vigorously.
Actual adjudication of I-140+I-485 will not take place until I-485 application is ready to be adjudicated after completing the name check and fingerprint. Therefore, the concurrent adjudication files remain on the shelf until they are ready to be adjudicated together.
When it reaches actual adjudication process, the adjudicators are required to review both I-140 petition and I-485 application. In other word, if the adjudicator needs to issue RFE for I-140, the adjudicator should also determine whether another RFE should be issued for I-485, should there be the RFE issues in the I-485 application. If the petitioner (employer) fails to respond to I-140 RFE or to meet the eligibility requirement, the adjudicator will deny both I-140 and I-485. On the other hand, should the I-140 petitioner be successful in responding to the I-140 RFE and satisfies eligibility requirements, the adjudicator should approve the I-140 petition no matter whether I-485 applicant has successfully responded to the I-485 RFE. If the I-485 applicant fails to meet the RFE requirement, such I-485 will be denied, and more likely the petitioner will receive the I-140 approval notice and the alien will receive I-485 denial notice.
Plus side and Minus side of Concurrent Filing and Concurrent Adjudication: The big plus will be the processing times. If we look at the I-140 processing times, even though each Service Center differs, the average I-140 processing time is approximately one (1) year. It means that in the concurrent adjudication cases, people will get green card approval within one year or less. Then what is minus? What else, AC 21 180-day rule of change of employer. Since the alien can not change employment until after the I-140 petition is approved, those who lose the job will face a potential denial of the green card opportunity.
 
Concurrent Adjudication

douglas said:
06/02/2004: Concurrent Adjudication (I-140 + I-485) Guidance of USCIS HQ

As we reported earlier, on March 31, 2004, the USCIS issued a memorandum to the Service Centers to adjudicate concurrently for the concurrently filed I-140 and I-485. Accordingly, people may assume that since about May 1, 2004, the Service Centers have been processing concurrently filed I-140/I-485 cases separately and differently from the I-485 cases which were filed alone. Following are the guidance for concurrent adjudication of concurrently filed I-140+I-485 cases under the memorandum:
In the Service Center processing times reports, the concurrently filed I-485 processing time coincides with the I-140 processing time. In other words, for these filers, they should keep track of I-140 processing time and not I-485 processing time in the bi-weekly official processing time reports of the Service Centers. For them, I-485 processing time is the same as I-140 processing time. Meanwhile, those who filed I-485 separately should keep track of I-485 processing times in the bi-weekly reports.
For the concurrent adjudication filers, I-140 petition and I-485 application always stay together. This will result in two consequences: First, since I-140 is not adjudicated separately, the previous procedure of prima facie review of I-140 eligibility is more or less removed and discouraged. Second, in order for the I-485 adjudication to be completed in the same pace with the I-140 adjucation, the Service Centers will accelerate the name check and fingerprint job vigorously.
Actual adjudication of I-140+I-485 will not take place until I-485 application is ready to be adjudicated after completing the name check and fingerprint. Therefore, the concurrent adjudication files remain on the shelf until they are ready to be adjudicated together.
When it reaches actual adjudication process, the adjudicators are required to review both I-140 petition and I-485 application. In other word, if the adjudicator needs to issue RFE for I-140, the adjudicator should also determine whether another RFE should be issued for I-485, should there be the RFE issues in the I-485 application. If the petitioner (employer) fails to respond to I-140 RFE or to meet the eligibility requirement, the adjudicator will deny both I-140 and I-485. On the other hand, should the I-140 petitioner be successful in responding to the I-140 RFE and satisfies eligibility requirements, the adjudicator should approve the I-140 petition no matter whether I-485 applicant has successfully responded to the I-485 RFE. If the I-485 applicant fails to meet the RFE requirement, such I-485 will be denied, and more likely the petitioner will receive the I-140 approval notice and the alien will receive I-485 denial notice.
Plus side and Minus side of Concurrent Filing and Concurrent Adjudication: The big plus will be the processing times. If we look at the I-140 processing times, even though each Service Center differs, the average I-140 processing time is approximately one (1) year. It means that in the concurrent adjudication cases, people will get green card approval within one year or less. Then what is minus? What else, AC 21 180-day rule of change of employer. Since the alien can not change employment until after the I-140 petition is approved, those who lose the job will face a potential denial of the green card opportunity.
Click to expand...


Douglas:

Where from you got this info? My experience contradicts whit what you wrote. I have filed I140 and I485 concurrently on 29th Sep 2003 (ND 30th Sep, 2003). I got my I140 approved just two weeks back. As per your information should I expect I485 approval soon?

Let us know.

Waiting!
 
It's been two weeks since the last update (May 19th), the new dates should be posted hopefully today?

joyd.
 
Jharkhandi said:
What is there to update except maybe published date?
Click to expand...

That's true :) I wanna see the 485 dates move this time..It's stuck there with superglue...
 
Even the bi-weekly updates are not to be counted on ! I was hoping to see some movement of dates today..... even the H1 extension remains at November 2003, and mine was filed December 30, 2003.....


Maybe there is nothing to update at all, like Jharkhandi said :(
 
latest VSC processing dates

06/04/04 (+15 days):

I-765 (based on AOS) 03/10/04 (+20 days)
I-131 (AP) 04/06/04 (+20 days)
I-140 (EB2 excep. ability) 10/09/03 (+8 days)
I-140 (EB2 excep. ability NIW) 08/16/02 (+1 days)
I-140 (EB3 skilled worker) 10/14/03 (+13 days)
I-485 (AOS) 02/15/02 (+0 days)

ETA
 
ETA-GC said:
06/04/04 (+15 days):

I-765 (based on AOS) 03/10/04 (+20 days)
I-131 (AP) 04/06/04 (+20 days)
I-140 (EB2 excep. ability) 10/09/03 (+8 days)
I-140 (EB2 excep. ability NIW) 08/16/02 (+1 days)
I-140 (EB3 skilled worker) 10/14/03 (+13 days)
I-485 (AOS) 02/15/02 (+0 days)

ETA
Click to expand...

Reasonable. Frankly - I was not expecting even this much. Hope all the changes are in place now and processing speeds up.
 
Last edited by a moderator:
Was there supposed to be a USCIS update today to processing dates? I'd be curious to see if the relatively fewer number Oct/Nov cases will speed things up.

At the same time, I do hope that the folks with earlier dates in 2003 (I hope there isnt anyone in EB2/EB3 from 2002 still?) get their approvals soon.
 
ascii_boston said:
Was there supposed to be a USCIS update today to processing dates? I'd be curious to see if the relatively fewer number Oct/Nov cases will speed things up.

At the same time, I do hope that the folks with earlier dates in 2003 (I hope there isnt anyone in EB2/EB3 from 2002 still?) get their approvals soon.
Click to expand...
There should be an update tonight or early tom morning. Best way to find it to use this link - http://www.aila.org/contentViewer.aspx?bc=16,2921
 
no update yet?

Any ideas why there has been no update on USCIS yet? Can we assume that they are busy approving the cases than updating the website :)
 
nsr2004 said:
Any ideas why there has been no update on USCIS yet? Can we assume that they are busy approving the cases than updating the website :)
Click to expand...
No update yet. I am a little surprised. They have been punctual with updates every two weeks. This is the first slot of 2 weeks thiss year where there was no update. I am not sure if they have changed tacks and have started doing updates after "x" working days (I dont know what this X is .. probably 12). Remember they lost work one day for Reagan mourning. If that is true, then the update should come tonight on aila and post to USCIS website either late tonight or early tom. Just guessing .. like all the other things related to USCIS.
 
nsr2004 said:
Any ideas why there has been no update on USCIS yet? Can we assume that they are busy approving the cases than updating the website :)
Click to expand...

because they are too ashamed to post the dates which are essentially the same as the last updated dates.
 
zyu said:
because they are too ashamed to post the dates which are essentially the same as the last updated dates.
Click to expand...
or they might be working hard to post something :) other than the same old dates.
 
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