Ran a scan against July 22 cases, i tried to track 1000 cases (whatever i-140s come under this), i have been tracking them for last 1 month and had been seeing activity almost every day, but there was no activity on these cases on Thusday,friday and today...and guess what , every case they touched after the release of memo....they did only one thing, SENDING RFE....
VSC's activities in last 4 days..
- Thread starter manoj2003
- Start date
So what is the conclusion? That the I140 that were approved until now were the "no problems" ones, and for the remaining there is a possibility to get RFE? Are you trying to reduce Brigand's optimism that he will have the GC by next week?
Just kidding ... after so many postings I've seen these days it starts to become funny. Don't worry, it's too early to draw any conclusions.
VSC slowdown!!
I think unfortunately, VSC is going to slow down significantly on the I140 processing due to this new memo. they are going to start looking at those cases that fit the new criteria. I also think that it is bad news for people like me who have filed I140 stand-alone applications.
just my thoughts...
S
I think unfortunately, VSC is going to slow down significantly on the I140 processing due to this new memo. they are going to start looking at those cases that fit the new criteria. I also think that it is bad news for people like me who have filed I140 stand-alone applications.
just my thoughts...
S
My 140 was filed end of Aug and I was banking on using the AC21 which is pretty much in limbo with the new adjudication process.
Could we petition to get clarification on the use of 140 with the new memo? In the light of changes, it'll be good to get AC21 applicable on cases with 180+ days of 485 regardless of the 140 adjudication.
Could we petition to get clarification on the use of 140 with the new memo? In the light of changes, it'll be good to get AC21 applicable on cases with 180+ days of 485 regardless of the 140 adjudication.
This is probably true. I got an RFE on Apr 19 th. ND 07/07/03. (I485 ND 10/02/03)
Hope they will include me in the New Q (aka brigan's Q) even though my FP is not Done yet.
I would rather wait for my FP to be done in a month or two and then will join the ppl who have their both apps approved / acted upon.
Otherwise i can't even use AC21 if they won't act on my response to RFE.
Agreed -- I've really been hoping to at least get my I-140 (ND 10/23/03) so I could use AC21 if necessary. I've mentioned elsewhere that removing the requirement that the I-140 be approved would seem to fit the "spirit" of AC21 as I understand it. For that matter, even if they said something like AC21 applies if
#1 I-140 pending 365 days or more
#2 I-140 approved and I-485 pending 180 days or more (i.e. the current rule)
would be fine with me...
ETA
AllIAskedWas1GC
Registered Users (C)
I would say best would be concurrent adjudication of 140 and 485 in < 6 months. I see it coming for all 2002 and early 2003 filers.
Thanks.
Thanks.
further fuji interpretation
direct quote from law firm
Concurrent Filing of I-140 and I-485 Applications
The U.S. Citizenship and Immigration Services (CIS) launched a nationwide initiative in April 2004 to establish special adjudication procedures for concurrently filed I-140s and I-485s in employment-based immigrant visa petitions where a visa number is immediately available. Generally, in a concurrent filing, both the immigrant visa petition (I-140) and the application for adjustment of status (I-485) are submitted to the CIS at the same time.[1] In a memorandum from Fujie Ohata, Director of Service Center Operations, to her subordinate Service Center Directors (“Ohata Memo”), Director Ohata ordered that concurrently filed I-140/I-485 applications be adjudicated by a single, specially-established team based on the initial filing date of the I-140 rather than the I-485. The Ohata Memo gave the Service Centers until April 31, 2004, to implement procedures to concurrently adjudicate I-140/I-485 filings. Prior to the issuance of this memorandum, the Service Centers were first adjudicating the I-140 immigrant visa petition and then returning the file to the processing queue for eventual adjudication of the I-485 application(s).
In response to the Ohata Memo, the California and Nebraska Service Centers announced pilot programs to rapidly adjudicate concurrently filed I-140/I-485 applications. The California Service Center (CSC) announced they would adjudicate within 90 days of filing those “pure” (same day) concurrently-filed I-140/I-485 applications that are based on approved labor certifications for qualified immigrants with advanced degrees (EB2), excluding those applications based on a national interest waiver. CSC Director Don Neufeld announced at a March 31, 2004 meeting with the American Immigration Lawyers’ Association that the 90-day adjudication would be subject to clearance of fingerprints and name checks. A CSC spokesperson indicated that as part of the Pilot Program, CSC will also try to clear out EB2 concurrent cases filed previously within the coming months. One goal of the program will be to adjudicate applications fast enough to eliminate the need for EAD and Advance Parole documents. In addition to the CSC’s pilot program, the CSC will also be making a concerted effort to reduce the processing times on all concurrently filed petitions to meet the goals of the Ohata Memo. This means that in addition to the pure concurrently filed EB2 applications, the CIS will also be prioritizing all concurrently filed applications.
Meanwhile, the Nebraska Service Center (NSC) announced it had initiated a pilot program to adjudicate I-140/I-485 applications within 75 days of filing, but it was unclear immediately which types of applications would be included in the NSC Pilot Program. The NSC announced that it hopes to lower total processing times on all I-140/I-485 concurrent filings to less than one year.
Jackson & Hertogs will continue to monitor these programs, and ensure that our clients take full advantage of available expedited processing procedures. However, it is important to note that these procedures could be changed or discontinued by the CIS at any time without prior notice. At this time, we do not believe that it would be beneficial for individuals with pending I-140 visa petitions and adjustment of status applications to withdraw those applications and re-file to take advantage of the programs for “pure” concurrent filings. The CIS has clarified that concurrently filed I-140/I-485 cases that are currently in their adjudication pipeline will be processed under the Ohata Memo standards and, as such there would be no need to refile these applications to benefit from the new procedures. Also, those individuals with already approved I-140 immigrant visa petitions are not eligible for consideration under concurrent filing.
--------------------------------------------------------------------------------
[1] Concurrent filing also allows for the I-485 to be filed after a receipt is issued for the I-140 immigrant visa petition. For purposes of ease, we refer to this as a “catch up” concurrent. When both applications are physically filed at the same time, we refer to this as “pure” concurrent.
--------------------------------------------------------------------------------
© Jackson & Hertogs LLP, 2004.0428
direct quote from law firm
Concurrent Filing of I-140 and I-485 Applications
The U.S. Citizenship and Immigration Services (CIS) launched a nationwide initiative in April 2004 to establish special adjudication procedures for concurrently filed I-140s and I-485s in employment-based immigrant visa petitions where a visa number is immediately available. Generally, in a concurrent filing, both the immigrant visa petition (I-140) and the application for adjustment of status (I-485) are submitted to the CIS at the same time.[1] In a memorandum from Fujie Ohata, Director of Service Center Operations, to her subordinate Service Center Directors (“Ohata Memo”), Director Ohata ordered that concurrently filed I-140/I-485 applications be adjudicated by a single, specially-established team based on the initial filing date of the I-140 rather than the I-485. The Ohata Memo gave the Service Centers until April 31, 2004, to implement procedures to concurrently adjudicate I-140/I-485 filings. Prior to the issuance of this memorandum, the Service Centers were first adjudicating the I-140 immigrant visa petition and then returning the file to the processing queue for eventual adjudication of the I-485 application(s).
In response to the Ohata Memo, the California and Nebraska Service Centers announced pilot programs to rapidly adjudicate concurrently filed I-140/I-485 applications. The California Service Center (CSC) announced they would adjudicate within 90 days of filing those “pure” (same day) concurrently-filed I-140/I-485 applications that are based on approved labor certifications for qualified immigrants with advanced degrees (EB2), excluding those applications based on a national interest waiver. CSC Director Don Neufeld announced at a March 31, 2004 meeting with the American Immigration Lawyers’ Association that the 90-day adjudication would be subject to clearance of fingerprints and name checks. A CSC spokesperson indicated that as part of the Pilot Program, CSC will also try to clear out EB2 concurrent cases filed previously within the coming months. One goal of the program will be to adjudicate applications fast enough to eliminate the need for EAD and Advance Parole documents. In addition to the CSC’s pilot program, the CSC will also be making a concerted effort to reduce the processing times on all concurrently filed petitions to meet the goals of the Ohata Memo. This means that in addition to the pure concurrently filed EB2 applications, the CIS will also be prioritizing all concurrently filed applications.
Meanwhile, the Nebraska Service Center (NSC) announced it had initiated a pilot program to adjudicate I-140/I-485 applications within 75 days of filing, but it was unclear immediately which types of applications would be included in the NSC Pilot Program. The NSC announced that it hopes to lower total processing times on all I-140/I-485 concurrent filings to less than one year.
Jackson & Hertogs will continue to monitor these programs, and ensure that our clients take full advantage of available expedited processing procedures. However, it is important to note that these procedures could be changed or discontinued by the CIS at any time without prior notice. At this time, we do not believe that it would be beneficial for individuals with pending I-140 visa petitions and adjustment of status applications to withdraw those applications and re-file to take advantage of the programs for “pure” concurrent filings. The CIS has clarified that concurrently filed I-140/I-485 cases that are currently in their adjudication pipeline will be processed under the Ohata Memo standards and, as such there would be no need to refile these applications to benefit from the new procedures. Also, those individuals with already approved I-140 immigrant visa petitions are not eligible for consideration under concurrent filing.
--------------------------------------------------------------------------------
[1] Concurrent filing also allows for the I-485 to be filed after a receipt is issued for the I-140 immigrant visa petition. For purposes of ease, we refer to this as a “catch up” concurrent. When both applications are physically filed at the same time, we refer to this as “pure” concurrent.
--------------------------------------------------------------------------------
© Jackson & Hertogs LLP, 2004.0428
murthy thinks so too...
It looks like the Murthy site agrees with me on this fwiw (from http://www.murthy.com/news/ukac21.html):
"... However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.
If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer."
This was written before the new guidelines for concurrently filed I-140 / I-485 which seems to make the case for "improving" AC21 even stronger.
Also, there's a clarification document from the USCIS on AC21 at http://www.usavisanow.com/8-13-03-140-485.pdf
ETA
It looks like the Murthy site agrees with me on this fwiw (from http://www.murthy.com/news/ukac21.html):
"... However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.
If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer."
This was written before the new guidelines for concurrently filed I-140 / I-485 which seems to make the case for "improving" AC21 even stronger.
Also, there's a clarification document from the USCIS on AC21 at http://www.usavisanow.com/8-13-03-140-485.pdf
ETA
My lawyer does not think that I-140 approved is a requirement. In fact, it is nowhere written on the AC21 that this is a requirement. Many lawyers however suggest that you wait for I-140 to be approved because your I-140 RFE, if it happens, will have to be answered by your original sponsor. This is the best of my understanding.
Jharkhandi
Registered Users (C)
That is right mendieta, but some employers can be nasty if you leave them and they will not respond to RFEs.
Gracias Jharkhandi
But then what we need is NOT a change on AC21, but a change on how the I140 is handled. That is: whenever you change employer invoking AC21, you should be able to file some relevant information on your new employer, so that the new RFE goes to the new employer ... maybe it is hard to implement. But clearly there is no change needed on the AC21 itself methinks ...
Jharkhandi
Registered Users (C)
Originally posted by mendieta
Gracias Jharkhandi
But then what we need is NOT a change on AC21, but a change on how the I140 is handled. That is: whenever you change employer invoking AC21, you should be able to file some relevant information on your new employer, so that the new RFE goes to the new employer ... maybe it is hard to implement. But clearly there is no change needed on the AC21 itself methinks ...
De nada mendieta.
Another wild thought:
People who got EAD/AP may also be out of the queue, as prima facie review means that adjudicative process has begun! Any takers?
in that case every concurrent application filed more then three days back is out because they do review i-140/485 both in 2,3 days after the recv.
my i-140/485 was filed on Sep 26th, last update date on both of them is sep 29th, after that they framed it and use to demonstrate to new people joining them...
so i guess intial review must not make any sense...as far as AP/EAD, I thought that is part of 485 process, or something else but not I-140...
am i missing something?
my i-140/485 was filed on Sep 26th, last update date on both of them is sep 29th, after that they framed it and use to demonstrate to new people joining them...
so i guess intial review must not make any sense...as far as AP/EAD, I thought that is part of 485 process, or something else but not I-140...
am i missing something?
Originally posted by mendieta
Gracias Jharkhandi
But then what we need is NOT a change on AC21, but a change on how the I140 is handled. That is: whenever you change employer invoking AC21, you should be able to file some relevant information on your new employer, so that the new RFE goes to the new employer ... maybe it is hard to implement. But clearly there is no change needed on the AC21 itself methinks ...
Yes -- what you are suggesting is basically that the I-140 should become portable after xxx days of not being adjucated (which is the same thing that I've been "pushing" for and the same thing more or less that murthy points out in the article that I referred to earlier).
It's not sufficient to assume that the old sponsor can/will respond to any RFE's since:
+they might want to revoke the I-140 so they can use the LC with someone else
+they might revoke it because you left on bad terms
+they might go out of business
+they might revoke it by mistake (apparently this happens -- employers want to inform the USCIS of, say, a change to someone's H status and they end up revoking their I-140 instead)
Making the I-140 portable after xxx days probably would be best handled by amending / clarifying the existing AC21 guidelines though. The new company would basically take over the I-140 by filing for a change of sponsor under AC21. The job would still need to be similar to the original one and the company would still have to show the ability to pay the employee at the necessary rate.
And, BTW, there have been bulletins (e.g. from the TSC I believe) that clearly stated that AC21 can't be used until the I-140 is approved (even though this is somewhat vague in AC21 itself). What some people have done apparently is to wait until the I-140 does get approved (either because there is no RFE or because the original sponsor handles these) then used AC21. In some cases, people have avoided starting work with a new employer until the I-140 went through , in other cases they've started work with a new sponsor even while the I-140 was still pending (I don't think it should matter since the GC is for a future position anyway). Either way, one could argue IMO that if this is borderline fraud since the original sponsor is continuing to imply that they are ready, willing, able to hire the employee once the green card is obtained which often isn't the case.
Again, this is all speculative / wishful thinking at this point but as long as people are having to wait 3+ years it would make sense to change AC21 so that people don't have to put their lives on hold during the entire process.
ETA
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