Wrong Time & Wrong Location

A

absorbtion

Registered Users (C)
Wrong Location: NSC - the slowest of all
Wrong Time: 9/2003, my I140 was approved in 04/2004, so I am no longer treated as concurrently filer. By the new rule, the processing date of concurrently filing is the date of I140 processing date which is 12/2003, while my case is with I485 date, which is still early 2002.

I had very good expectation of my case when I filed it in last semptember, but the situation just got worse & worse. Anyway, all of the above are out of my control. Still be happy & optimistic, and be prepared for a marathon...
 
absorbtion said:
Wrong Location: NSC - the slowest of all
Wrong Time: 9/2003, my I140 was approved in 04/2004, so I am no longer treated as concurrently filer. By the new rule, the processing date of concurrently filing is the date of I140 processing date which is 12/2003, while my case is with I485 date, which is still early 2002.

I had very good expectation of my case when I filed it in last semptember, but the situation just got worse & worse. Anyway, all of the above are out of my control. Still be happy & optimistic, and be prepared for a marathon...
Click to expand...

why is your case no longer treated as a concurrrent case?
 
aonflux: It is in this morning's news brief from Murthy. The process date for I140/I485 concurrent filer (I140 not approved) is I140's processing date, while the date for I485 single filer or those I140 approved concurrent filer is the processing date of I485. (I140 is 2003, I485 is 2002...)

ambalakadi: Why didn't you file I140/I485 together?
 
absorbtion said:
Wrong Location: NSC - the slowest of all
Wrong Time: 9/2003, my I140 was approved in 04/2004, so I am no longer treated as concurrently filer. By the new rule, the processing date of concurrently filing is the date of I140 processing date which is 12/2003, while my case is with I485 date, which is still early 2002.

I had very good expectation of my case when I filed it in last semptember, but the situation just got worse & worse. Anyway, all of the above are out of my control. Still be happy & optimistic, and be prepared for a marathon...
Click to expand...


Wrong Location : NSC
Wrong Time : all time because it is slowest in the World ;)
 
Here is the detail: "Thus, the processing for non-concurrent cases is, generally, significantly slower than concurrently-filed cases. "


The USCIS Service Center procedures for adjudicating concurrently filed
I-140/I-485 cases changed as of April 30, 2004. The cases are now,
essentially, on one track with the intent that they will be reviewed in one
step. Previously, the I-140 petition adjudication was separate from the
adjudication of the I-485 application. There is more information about
this change in procedure in our April 23, 2004 MURTHYBULLETIN article,
"New Procedures for Concurrently Filed I-140/I-485 Cases"
<http://www.murthy.com/news/n_newpro.html>, available on MurthyDotCom.
This change has given rise to a variety of questions on how cases are
actually being processed. The Texas Service Center (TSC) provided some
clarification about their processing procedures and timing which was
released in late September 2004.

Concurrently-Filed Cases

The current TSC policy is to process concurrently-filed I-140/I-485
cases according to the I-140 processing dates. As of this writing, TSC
reports processing dates of July 25, 2003 for all classes of I-140s except
Schedule A nurses. This means that they are working on I-140 cases that
were filed on or after July 25, 2003.

A concurrent case is one for which the I-140 and I-485 literally are
filed together; but also include those cases for which the I-485 is filed
after the I-140 but before I-140 approval. The TSC suggests that it is
better to file the I-140/I-485 together, if at all possible. If the TSC
is able to process both the I-140 and I-485 within the posted times for
I-140 processing, this can significantly improve the processing time.
We have seen faster processing of some of our TSC cases, as reported in
our September 17, 2004 article, "I-485 Adjudication Update : Fast
Approvals Continue" <http://www.murthy.com/news/n_485adj.html>, also
available on MurthyDotCom.

Non-Concurrent Cases

The TSC states that non-concurrent filings, for which the I-140s
previously were approved, are adjudicated based upon the I-485 processing
date. TSC Processing Times posted September 22, 2004 show a processing
date of April 22, 2002 for employment-based I-485 cases. This means that
they are working on cases filed on or after April 22, 2002. Thus, the
processing for non-concurrent cases is, generally, significantly slower
than concurrently-filed cases. As outlined above, TSC considers cases
with the I-485 filed after the I-140 was approved to be non-concurrent
cases.

Conclusion

As we reported to MurthyDotCom and MURTHYBULLETIN readers last week in
our Sep 24, 2004 article entitled "DOL Backlog Elimination ?September
2004 Update" <http://www.murthy.com/news/n_dolbac.html>, the backlog
reduction measures, including concurrent processing, have had an impact
on some cases. We at The Law Office of Sheela Murthy, P.C. continue to
see isolated examples of significantly faster processing in some of our
cases. The processing times continue to be fairly erratic and
unpredictable, however. We are pleased that the TSC has provided this insight
into their current system for adjudication of immigrant cases.
 
absorbtion...

The report you attached is for TSC .. and nowhere does it state that concurrent filers with I-140 approved have to go by the standalone I-485 times. Only where the I-140 has been approved before I-485 was filed (nonconcurrently) do they have to go by standalaone I-485 times.
 
CRAP my ND is 11/2004. my 140 was not approved until last week..(was hoping to be in the concurrant bracket). now that it is approved(last week), i am no longer concurrant.. lol. this is rubbish,..
 
however! said:
CRAP my ND is 11/2004. my 140 was not approved until last week..(was hoping to be in the concurrant bracket). now that it is approved(last week), i am no longer concurrant.. lol. this is rubbish,..
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u r kidding right??
ps.. your ND should be 11/2003 not 11/2004
 
My understanding is a case does not cease to be concurrent just because I-140 is approved. If you didn't file the two applications together, as long as you filed 485 before I-140 approval, it is considered concurrent even if I-140 is approved.
 
Anyway, I hope they can do a much better job as they had promised us. 15 months in 2005 fiscal year! 6 months in 2006 fiscal year!
 
absorbtion said:
Anyway, I hope they can do a much better job as they had promised us. 15 months in 2005 fiscal year! 6 months in 2006 fiscal year!
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are you day dreaming? get realistic man. I just cant think anything positive today after talking to my attorney....seems something else is going on at NSC, dont you?
 
Kanadian said:
are you day dreaming? get realistic man. I just cant think anything positive today after talking to my attorney....seems something else is going on at NSC, dont you?
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What is wrong in NSC? Can you tell in detail?
 
I just hung up the phone after a long conversation with my attorney. I asked her the very same question and got a long explenation that can be summed up as: I don't know. It might be an end of year, and it might be training, and it might be change of policies, and so on and so forth.....
I am a 1/8/03 filer, and after them promissing 20 months for 2004, and 15 months for 2005, etc.....What I see is something other that I understood. 2/1/2003 plus 20 months (refering to fiscal year 2004) is 20 months now, and it means that.....next 9/30, they will show a processing date of 5/1/2004 (based on 15 months for the year 2005), etc.... and mind you, this only for processing....it does not mean, in any way, shape, or form that they are going to approve....just process, so assigning to local office is process (last court hearing), RFE is process (there), FP2 scheduled for whenever is process (there), and you name it...Based on their commitment in house hearings, congress hearings, etc I was really hoping my case will not take 2 years, but less....now I know there is no escape. Even if they issue an FP2 today, it will not happen until late October, and then issue / not issue an RFE, and then approve, I think I am safe by saying: 1/2005, hear I come....

I am sitting tight, though, they are so un-predictable, no one can ever tell.
 
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aonflux said:
u r kidding right??
ps.. your ND should be 11/2003 not 11/2004
Click to expand...


yes.. ND is 11/2003. am i kidding? i dont know!! :rolleyes:
but by looking at this thread.. its so.. frustrating. if there were no hopes, we dont wait!! any way 10 months for 140 it self taxing on the waiting game.
 
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