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TSC PLUS Pilot
of I-140 and I-485 Concurrent Filings
Posted
Feb 22, 2008
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The
Texas Service Center (TSC) has started a new system for reviewing and
adjudicating concurrently filed adjustment of status cases. These include
concurrent filings of: I-140 (employer petition for foreign national worker)
with the I-485 (application to adjust status to permanent residence)
accompanied by the I-765 (application for the employment authorization
document, or EAD) and I-131 (application for advance parole, or AP). The new
system, announced in mid February 2008, is called PLUS Pilot. Essentially,
rather than processing each application / petition in a packet separately,
the entire packet is reviewed by one officer. This is intended to reduce
duplication of effort and other inefficiencies.
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Prior System : Each Application / Petition
Separated
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Until the PLUS Pilot program, each application or petition in a
concurrently-filed packet was separated and sent to a different officer for
action. Under the PLUS Pilot program, the whole group of filings will remain
with one officer, in an effort toward efficiency and cost savings.
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RFEs May Include Multiple Filings
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As a result of this program, there may be some Requests for Evidence
(RFEs) that address multiple applications filed as part of the same packet.
That is, normally, RFEs were issued with questions pertaining to only one
specific pending application or petition. With the new program, for example,
an RFE could be issued with questions pertaining to both the I-485 and the
I-765.
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Conclusion
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Every procedure has pros and cons. Presumably, the forms were previously
separated and sent to officers specializing in particular areas of
adjudication. Of course, as mentioned, this can lead to duplicated
effort and wasted time and resources. The volume of filings in the summer of
2007 necessitates improved efficiency, if the USCIS is going to process cases
within a reasonable timeframe. This new system of case review does not
change the fact that I-485s cannot be approved unless there is an available
visa number. Additionally, it is not clear if the RFEs will be issued to
include issues with both I-140 and I-485, since the I-140 petition is filed by
the employer, while the I-485 application is filed by the foreign national.
Copyright © 2008, MURTHY LAW
FIRM. All Rights Reserved

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