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Concurrently Filed I-140/I-485s
Question: Regarding your March 31, 2004 interoffice memo (90/16.45) providing guidance for concurrent adjudication of concurrently filed I-140s and I-485s, kindly clarify the following points: (a) Are your instructions equally applicable to concurrently filed cases that are (i) currently in the pipeline and (ii) not yet adjudicated (or just to cases filed concurrently from now on)?
USCIS Answer: If there has been no adjudicative action regarding the I-140, our recent memo would also apply to concurrently filed I-140/I-485 cases that are in our adjudication pipeline. If we have already adjudicated the I-140, our memo would not apply.
Question: Do you plan to have a single PTR [Processing Time Report] date for I-140s filed as stand-alone and for (same classification) I-140s filed concurrently with I-485s? (In other words, will an EB3 I-140 filed on April 27, 2004 be adjudicated at the same time as a concurrently filed EB3 I-140/I-485 filed on April 27, 2004?)
USCIS Answer: There would be one PTR date for I-140s filed as stand alone and concurrent filings. However, if the case is a concurrent filing, the I-140/I-485 packet will be pulled when the I-485 is adjudication ready (fingerprints and/or name checks have cleared). If the I-485 is not adjudication ready, the I-140 will not be pulled for adjudication based on the I-140 processing date.
Question: Does "concurrently filed I-140 and I-485" mean both forms are filed at the same time? If an I-140 is filed on April 27, 2004 and the I-485 is filed on May 20, 2004, under the concurrent filing regulations is this filing sequence - here only a few weeks apart - considered a concurrent filing for these purposes?
USCIS Answer: For the purpose of implementing this memo - concurrent filing means any I-140/I-485 filed at the same time or a subsequent I-485 filing pursuant to a pending I-140 if no adjudicative action has been taken on the I-140.