http://www.greencardapply.com/news/news09/news09_0902.htm
The USCIS has been considering termination of the current I-140 and
I-485 concurrent filing system for quite a while. In the current semi-
annual rule making agenda, the USCIS was considering a proposal to
terminate the current concurrent filing system and instead permit pre-
filing of I-485 applications upon approval of I-140 petitions for
preadjudication of the I-485 applications pending immigrant visa
number availability.
This proposed rule would amend the USCIS regulations governing how the
USCIS would accept and process I-485 application. This proposed rule
would discontinue the concurrent filing process for employment-based
adjustment of status applicants. Instead, it would require that an
alien worker be the beneficiary of an approved immigrant petition
prior to filing an adjustment of status application.
Further, this proposed rule would remove an alien=92s reliance on the
Visa Bulletin to determine visa availability and therefore eligibility
to file for I-485. Instead, the rule will propose that USCIS utilize a
registration process for intending adjustment of status applicants by
requiring an applicant to file a registration packet after the
granting of an immigrant petition and prior to visa availability,
based on the use of =93qualifying dates=94 established by DOS.
This proposed rule is intended to streamline adjustment application
processing by utilizing a two-step process in which registration
packets can be pre-screened for documentary evidence, security checks
can be initiated and completed, and pending visa demand can be
adequately conveyed to DOS.
The DOS will then adjust its Visa Bulletin accordingly and applicants
may then proceed forward with filing their I-485s based on visa
availability as reflected in the monthly Visa Bulletin. This process
will result in a steady workflow, will mitigate visa retrogression,
and make applications generally decision- ready shortly after time of
visa availability.
This proposed rule will also allow USCIS to correct a discrepant
regulatory reference that defined an employment-based priority date
based on a Department of Labor-issued labor certification
incorrectly.
http://www.greencardapply.com/news/news09/news09_0902.htm
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