what does this latest NSC update mean?

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Registered Users (C)
Below is the extract of an update on 08/26/04 at NSC (from this website itself).

What does this Portability eligibility mean?
Pl. comment.


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--Portability eligibility

The alien will have portability eligibility during the 2 plus years the I-485 is pending depending upon the outcome of the I-140 adjudication.

--Filing a new I-485 with an already filed I-140 petition.

In cases if the initial Form I-140 petition filed with the I-485 is eventually approved, the I-485 may be transferred to a subsequent I-140 petition, if approved, so long as there is a visa available at the point of transfer and the applicant is otherwise eligible.
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Where did you get it from

nsc website or immigration.com, can you forward the link please
 
Its interesting to read the latest NSC upates.They keep insisting that 140 dates drive concurrently filed applications,but conveniently do not adjudicate 140's at all till the 485 dates come in line with the 140 dates.

There is what NSC says....and then there is what NSC does.... :p


Concurrently filed I-140/I-485

The time frame for concurrent 140/485 adjudications will not be the same current processing time for stand – along employment-based I485s at NSC. The center is however working to align the concurrently-filed I-140/1-485 processing times with the stand-alone I-140 processing times.

The I-140/I-485 filing will be considered ready for adjudication when security checks, A-file consolidations, and any other required processing on the I485 have been completed. This relates to those concurrently-filed I-140s that had not been sent for adjudication at the point that the Fujie Ohata’s memo dated March 31, 2004 went into effect. Please check this link for more information on this memo.
 
Can't they write in simple english ?. I have hard time reading these memos. I hate the word "adjudicate" ?. Why can't they use "process" in stead?. Guys, How many of you agree ??
 
Does that meant that all concurret 1-140/1-485 filed before March 31 2004 will wait for adjudication of all I-140s filed alone before the current processing date for I-140 at NSC (September 15 2003)???
It still all depends on the stage of I-485 proces for concurrent filers (as noted in NSC news) - so we should not look only into that how far the stand alone I-140 processing date has gone. All in all we will be still in the dark (my concurrent appls are before March 31 2004).
What happens with concurrent appl dated after Ohata memo - what dates they should look at?
 
bmt74 said:
Can't they write in simple english ?. I have hard time reading these memos. I hate the word "adjudicate" ?. Why can't they use "process" in stead?. Guys, How many of you agree ??


Adjudicating is the final outcome of processing - the processing can take any amount of time - adjudication is one and final.
 
"...The center is however working to align the concurrently-filed I-140/1-485 processing times with the stand-alone I-140 processing times..."

What does this mean?
 
I am so tired of these eff-ing morons at the NSC. "Processing times for concurrently filed applications will not be the same as those for non-concurrent applications" Wow I could have never guessed!!! What an insightful update by the eff-ing shiteheads.
 
"Portability eligibility

The alien will have portability eligibility during the 2 plus years the I-485 is pending depending upon the outcome of the I-140 adjudication.

Filing a new I-485 with an already filed I-140 petition.

In cases if the initial Form I-140 petition filed with the I-485 is eventually approved, the I-485 may be transferred to a subsequent I-140 petition, if approved, so long as there is a visa available at the point of transfer and the applicant is otherwise eligible.

"

This part needs to explained please email your lawyers and try to get some insight, I am going to do the same.
 
So does this mean that for concurrent filed I 140 and I 485, I 140 will not be processed till the finger print and security check have been cleared for I 485.

So I 140 and I 485 will be processed simultaneously. What all dictates is I 140 processing date. So I 485 processing date is not valid for concurrent filed I 140 and I 485.

So I 485 could be processed early if you have your finger prints. But how long do they take to clear this security check once having finger prints

Any ideas gurus?
 
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