You are not wrong.It's Mr.M missed the point about that language in Neufeld memo.
The whole history of this:
AC21 of 2000: 140 must be approved and I-485 pending for 180 days.
Yates memo of 2003, acknowledge I140/485 concurrent filing rule that I485 time counts even before I-140 approval, but no change on interpreting the original act.
Yates memo of 2005, this is a revolutionary one, very lenient to the EB porters. It says I-140 doesn't have to be approved before leaving sponsor if approvable with preponderance of evidence. Although the spirit is clear but some poeple try to distort this and make extreme statements such as this I-140 doesn't need to be approved eventually as long as it was approvable at 180 days, such rumor though absurd, but was so very rampant in 2007. Aytes memo did not address it.
Neufeld memo finally clarifies what every people who has a brain should have already known, the I-140 has to be approved eventually (in addition to approvable at 180 days) that is what that AAO decision is for.
The whole history of this:
AC21 of 2000: 140 must be approved and I-485 pending for 180 days.
Yates memo of 2003, acknowledge I140/485 concurrent filing rule that I485 time counts even before I-140 approval, but no change on interpreting the original act.
Yates memo of 2005, this is a revolutionary one, very lenient to the EB porters. It says I-140 doesn't have to be approved before leaving sponsor if approvable with preponderance of evidence. Although the spirit is clear but some poeple try to distort this and make extreme statements such as this I-140 doesn't need to be approved eventually as long as it was approvable at 180 days, such rumor though absurd, but was so very rampant in 2007. Aytes memo did not address it.
Neufeld memo finally clarifies what every people who has a brain should have already known, the I-140 has to be approved eventually (in addition to approvable at 180 days) that is what that AAO decision is for.
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