Inconsistent Proceesing at VSC
The fact of 140 processing at VSC is so inconsistent that as many people you will ask that many different views you will get.
My case is 140 filed on 5/28/02
ND:5/29/02, Approved:5/28/03
AP: 12/02
EAD:12/02
485:
ND: 10/07/02
no replies, no approval.
FP: 12/04/02
I had taken advantage of concurrent filing ang filed 485 in early October with the I-140 reciept. When my lawyer had sent a rep to VSC they gave the BS that because you have filed concurrently your I-140 will be processed along with I-485. We all know that this is a white wash to thwart the inquiries for 140 which is
currently taking as long as 13 months. There have been few instances as posted on this forum where they have approved I-140 in 22 working days!!!
If BCIS were to keep their words, my I-485 should have been approved along with I-140. But that did not happen!!!
What I have noticed in few instances is that if you apply concurrently and your application for EAD and AP are pending while they do a primary review of your I-140. At that point if there was a need for a RFE on I-140, then some IIOs will approve your I-140, after receiving a satisfactory reply on RFE. So this gives the impression that concurrent filers are getting approval faster.
On the other hand, if your case is very strong then they would put it at the bottom of the pile. Again this may be dependent on the which IIO gets your case and what are the priorities for VSC at that time.
Another thing that is yet not clear is that for those lucky/unlucky filers like me, "What date will be considered as filing date for I-485?". Will they consider I-140 date as the filing date for concurrently filed I-485 or the actual date of I-485? Other issues not clarified by BCIS for almost 3 years is the regulations regarding AC21 portablity!
It looks like they(BCIS) have different priority and budget problems from time to time. So it is impossible to find a coherent policy. After 9/11, in the name of security they can cause unexplainable delay in processing of normal forms, but they are not answerable to anyone. After all this is the same agency with new name who approved the case of terrorist leader Mr. Atta's visa 6 months after he caused historical devastation to this great nation and humanity!!! IIO's would rather delay your case, then take any chance that may appear as their mistake!
So in short go ahead and do file concurrently unless you are planning for consular processing or AC-140.
I wish you best of luck!
Mike
