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05/09/2006: Imporant Procedural Changes Forthcoming for I-140/I-485 Concurrent Filing and NIW
The USCIS has been delaying the implementation of the premium processing services for I-140 immigrant petition proceedings. According to the AILA-Nebraska Service Center liaison report of April 19, 2006, the USCIS may announce the PPS program in May 2006. The NSC Director also confirmed that once the USCIS started implementing PPS for I-140 petition, it would accompany the following two critical changes:
Termination of I-140/I-485 Concurrent Filing
Shut-Out of NIW from PPS.
Once the concurrent filing is terminated, it will cause a number of problems for EB-immigrants:
Those whose legal status would expire unless they were allowed to file I-140 and I-485 concurrently will fall out of status unless they are eligible for 245(k) benefit. PPS does not guarantee the decision in 15 days when the USCIS issues RFE. The 15-day requirement runs again only after they receive the response to the RFE. Sometims, RFE response can take months. Since unlawful presence or out-of-status clock will keep ticking during the period of I-140 petition adjudication, some people may lose the opportunity for filing I-485 forever.
EAD and Advance Parole applications are available only when they file I-485 application as they are ancillary proceedings to the I-485 applications. The termination of concurrent filing procedure will take away this privilege under the current concurrent filing system.
Affect of Termination of Concurrent Filing and Unavailability of I-140 Premium Processing Services for NIW will be devastating. It practically takes away the current privilege of stopping out-of-status clock by concurrently filing I-485 as well as the privilege of applying EAD and Advance Parole. Worse yet, since the Premium Processing will not be available for the NIW I-140 petitions, it can take forever, particularly when RFE is involved. Please stay tuned.