VSC Update on
I-140/I-485 Concurrent Filings
Cite as "Posted on AILA InfoNet at Doc. No. 02082041
(Aug. 20, 2002) ."
VSC Liaison Chair, Christopher Stowe, received the following e-mail correspondence from
Keith J. Canney concerning the Vermont Service Center’s response to the INS’s
interim regulation allowing concurrent filings of Forms I-140 and I-485. The VSC
Committee received inquiries from many AILA members who commented that after July 31,
2002, they experienced a wide range of reactions that included the return of the I-485,
denials on the I-485 and supervisors advising that VSC is not accepting concurrent
I-140/I-485 filings. > Subject: Re:
follow up on concurrent filing
> Chris,
>
> This message will address the concerns set forth in this message as well as the
previous message you had forwarded. Concurrent filings present many new workflow
challenges to VSC. We are currently working with our contractor to solidify many of
the new processes that are required.
> We are currently accepting all properly filed
concurrent I-140/I-485 filings.
> We have been instructed to reject (not accept)
I-140/I-485 filings where the I-140 requires a labor certification, but one has not been
included with the submission. Cases in this scenario would not be considered
properly filed.
> It also appears that we will be required to review
concurrent I-140 submissions immediately following fee receipt to determine if a filing is
frivolous (e.g. E11 nanny - not eligible under any of the fields set forth in E11 regs).
We will deny cases that are considered frivolous without the issuance of an RFE.
> As the standard for "frivolous" is still
somewhat vague for various I-140 classifications, VSC is awaiting further guidance from HQ
[Headquarters] before we take any such action.
> You posed the question of processing time of I-140s
filed independently versus those filed concurrently. At this point, HQ would like us
to work concurrently filed I-140s within 60 days of receipt. This will allow us to
work an I-765 and/or I-131 before the applicant is eligible for an interim card at the 90
day mark. Given current adjudicative priorities, delayed processing times (on cases
such as I-129s), and required IBIS security checks, working concurrently filed I-140s
within 60 days will definitely be a challenge to VSC.
> The day the concurrent filing rule appeared in the
Federal Register, we [notified] the information officers that we are accepting said cases.
We have reminded them of such so as to avoid any confusion in the future. If
erroneous information is being provided, it is helpful if the information officer's name
could be provided. We can then address the issue directly rather than send out a
generic reminder to the masses.
> Keith |
