USCIS Terminated Controversial I-140/I-485 Concurrent "Adjudication" Policy

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itsGood

Registered Users (C)
This is indeed good news for folks who filed from NSC.

Source: http://www.immigration-law.com/

12/28/2004: USCIS Terminated Controversial I-140/I-485 Concurrent "Adjudication" Policy

AILA has reported that the USCIS issued a memorandum to the Service Centers to terminate the concurrent adjudication of I-140 and I-485 application practice immediately. This is a wonderful news in a number of respects, particularly for the customers of Nebraska Service Center and Texas Service Center which have been adhering to the concurrent adjudication policy unlike VSC and CSC. Firstly, the adjudication of I-140 petition will start moving on as they are now freed from the state of hostage from concurrently filed I-485 application processings. Secondly, since it has decided to adjudicate I-140 independently as separate from the concurrently filed I-485 applications, people may witness some improvement in I-140 processing times, helping those who need to change employment under AC 21 180-day rule. Unless the concurrent adjudication policy is cancelled, those Indians, Chinse, and Philippines professionals who filed the concurrent I-140 and I-485 packet and their I-140 petition remain unadjudicated as of the end of December 30, 2004, would have experienced a nightmare for not being able to change employment even under the compelling circumstances. In this regard, this is particularly important for the Indians, Chinese, and Philippines nationals who will face EB-3 visa number retrogression on January 1, 2005 in that they have a better chance to survive in the green card journey.

Caveat: This policy change does not change its current policy of "concurrent I-140/I-485 filing" which will continue unless it is changed in the future.
 
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itsGood said:
This is indeed good news for folks who filed from NSC.

Source: http://www.immigration-law.com/

12/28/2004: USCIS Terminated Controversial I-140/I-485 Concurrent "Adjudication" Policy

AILA has reported that the USCIS issued a memorandum to the Service Centers to terminate the concurrent adjudication of I-140 and I-485 application practice immediately. This is a wonderful news in a number of respects, particularly for the customers of Nebraska Service Center and Texas Service Center which have been adhering to the concurrent adjudication policy unlike VSC and CSC. Firstly, the adjudication of I-140 petition will start moving on as they are now freed from the state of hostage from concurrently filed I-485 application processings. Secondly, since it has decided to adjudicate I-140 independently as separate from the concurrently filed I-485 applications, people may witness some improvement in I-140 processing times, helping those who need to change employment under AC 21 180-day rule. Unless the concurrent adjudication policy is cancelled, those Indians, Chinse, and Philippines professionals who filed the concurrent I-140 and I-485 packet and their I-140 petition remain unadjudicated as of the end of December 30, 2004, would have experienced a nightmare for not being able to change employment even under the compelling circumstances. In this regard, this is particularly important for the Indians, Chinese, and Philippines nationals who will face EB-3 visa number retrogression on January 1, 2005 in that they have a better chance to survive in the green card journey.

Caveat: This policy change does not change its current policy of "concurrent I-140/I-485 filing" which will continue unless it is changed in the future.
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Awesome Man, Great news indeed.

Let the ball be rollin....
 
Please post the original link on aila. I know for some weird reason, some of us hate the concurrent filing ruling and would like nothing better. I am not sure where AILA has reported this info. I just checked the AILA website and found nothing to this effect.
 
Well, in everyway this is a bad news because now more people will be stuck in 485 queues. Till now the overall queue was moving fast. I hope with this decision USCIS plans to implement their announced policy of 485 adjudication in 6 months.
 
I would not panic until I see evidence to this effect. There have been previous posts by even veterans on this board pointing to articles berating the concurrent filing approach with references to articles on the same web site. But it usually turns out to be nothing more than speculation and personal frustration.
 
This sucks , one day they come up with some stinking rules and adjudicate 140/485 together ( sayin 140 will not be processed until 485 is ready ) ,now they come up with this news , gawd they are real morons of the first order.

They have no clue what they are doing !!
 
USCIS issued the statement for not concurrent adjudicating of I-140 and I485. The question is would all the service centers follow the same rules? VSC was not doing concurrent adjudcation for I-140 and I-485.......Ohata Memo not implemented.

I hope NSC moves faster with I-140 processing times in this coming New Year 2005.
 
A ray of light in the dark tunnel (read "NSC" processing) !

while I sincerely wish the cases with RFEs issued be approved before 12/30/2004, it is a great relief for "retrogressed" applicants since we can atleast dream of using AC21 portability in the near future.
 
Kashishi, could you post some details about how to navigate on AILA.org to find this file?
Also, this memo has an empty date. Is that normal?

kashish said:
Found it on AILA website.

Kashish
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I just searched "concurrent adjudication" on AILA and this was the first hit.

Even I found the absence of date on the memo unusual, but then I have given up on everything USCIS does.

Kashish

inkink said:
Kashishi, could you post some details about how to navigate on AILA.org to find this file?
Also, this memo has an empty date. Is that normal?
Click to expand...
 
Thanks!
The pdf was posted today. Hopefully NSC will implement it and crank up the 140 pipeline. This has been draggign way too long already.

kashish said:
I just searched "concurrent adjudication" on AILA and this was the first hit.

Even I found the absence of date on the memo unusual, but then I have given up on everything USCIS does.

Kashish
Click to expand...
 
I will wait for their actions to speaks rather than any of such memos

People filing before 12/30/2004 will be happy if they really implement the memo. On the other hand this memo is no GOOD to people filing later. God these people will have to wait like nothing ! Some people who applied in early 2003 (or late 2002) and their I140/485 got approved concurrently have been very lucky. Wait until end of Jan 2005 to really see the effects (if any).
 
Let's all continue to pray

Let's all continue to pray to get speedy and much needed I485 approvals from NSC and other service centers. God bless us all.
 
AbGCDeDo said:
People filing before 12/30/2004 will be happy if they really implement the memo. On the other hand this memo is no GOOD to people filing later. God these people will have to wait like nothing ! Some people who applied in early 2003 (or late 2002) and their I140/485 got approved concurrently have been very lucky. Wait until end of Jan 2005 to really see the effects (if any).
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This memo is no good for people who PD is before Jan, 1 2002. My PD is 1998. Now, God knows how long do I have to wait for the damn card?

After USCIS implemented the concurrent adjudication, NSC has not processed I140 for almost 6 months. Now, NSC processes some concurrent cases, USCIS terminated the concurrent adjudication. I485 may take much longer to get. I almost get the damn I140/I485 at the same time.

Why do they have to terminate the concurrently adjudication? If people whose I485 is ready, then they can adjudicate I140/I485 at the same time, otherwise, they can just approve I140. It is much better this way.

The only people who benefit are EB3 whose PD is after Jan,1 2002 and from China/India/Phillipines.
 
gcsuffer said:
This memo is no good for people who PD is before Jan, 1 2002. My PD is 1998. Now, God knows how long do I have to wait for the damn card?

After USCIS implemented the concurrent adjudication, NSC has not processed I140 for almost 6 months. Now, NSC processes some concurrent cases, USCIS terminated the concurrent adjudication. I485 may take much longer to get. I almost get the damn I140/I485 at the same time.

Why do they have to terminate the concurrently adjudication? If people whose I485 is ready, then they can adjudicate I140/I485 at the same time, otherwise, they can just approve I140. It is much better this way.

The only people who benefit are EB3 whose PD is after Jan,1 2002 and from China/India/Phillipines.
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gc suffer: You are so right. They should really have staggered system in an ideal world. But the good news is that you won't be affected by the retrogression anyway. So hopefully you won't have too long to wait :rolleyes: Wow, PD 1998, you certainly have seniority. I thought I had been waiting a long time - PD 2003. Cheers and may the force be with you.
 
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