|Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories|
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Help expedite removal of concurrent 1-40, i-485 filing
The only way for Eb2 to progress faster or atleast not retrogress is to remove concurrent filing of I-140 + I-485. There would be a huge spillover from Eb1 ROW and Eb2 ROW to India and China and ultimately to EB3 India and China. I think IV should concentrate on this thing because it is an administrative fix.
Note: Before people rush to give me new red stars, this new regulation will apply only for new applications. The old applicants who got their EAD will not get their EAD snatched away. Neither will their I-485's be approved without I-140 being approved. Some people in IV are getting their high by giving other people red stars.
Last edited by dvb123; 07-21-2008 at 02:35 AM.
Can IV leaders arrange a telephone discussion with the employee named below?
Department of Homeland Security (DHS)
U.S. Citizenship and Immigration Services ( USCIS )
View Related Documents
Title: Halting Concurrent Filing of Form I-140 Immigrant Petition With a Form I-485 Application
Abstract: The Department of Homeland Security, U.S. Citizenship and Immigration Services, is
proposing to amend its regulations concerning employment-based immigrant status. Under the current
regulations, published at 67 FR 49561, employers may file a Form I-485, Application to Register
Permanent Residence or Adjust Status (I-485) concurrently with Form I-140, Immigrant Petition for Alien
Worker (immigrant petition), while the immigrant petition is pending; or after the immigrant petition has
been approved, as long as a visa number is immediately available to the alien. The Department is
considering modifying the current system to disallow concurrent I-140 and I-485 filings and instead
mandate that an alien worker applying for adjustment of status be the beneficiary of an approved
immigrant petition prior to filing the adjustment application.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 8 CFR 204; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal
Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153 to 1154; 8 USC 1182 to 1182a;
PL 105-277; ...
Legal Deadline: None
Action Date FR Cite
NPRM Comment Period End 08/00/2008
Additional Information: CIS No. 2380-06
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Agency Contact: Kevin Cummings
Branch Chief, Business and Trade Services
Department of Homeland Security
U.S. Citizenship and Immigration Services
Second Floor Office of Program and Regulations Development 20 Massachusetts Avenue NW.
Washington , DC 20529
Phone: 202 272-8412
Click on the pdf icon to open this link
Last edited by dvb123; 07-21-2008 at 02:38 AM.
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