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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 USCIS’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
(08/26/2002)
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