I was on Murthy Chat and in response to a question, Ms Murthy mentioned that BCIS will come out with a memo in couple of weeks to the effect that if 140 is approved and 485 is pending for over 180 days then 485 has to be approved. These were the words. I am not sure what it really means but sounds that 485 would have to be necessarily approved by BCIS if pending for 180 days and 140 already approved. Thoughts? Sounds too good to be true.
485 to be approved if pending 180 days
- Thread starter DHARMA16
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sunnyday20us
Registered Users (C)
I am not sure what it really means but sounds that 485 would have to be necessarily approved by BCIS if pending for 180 days and 140 already approved. Thoughts?
What if the approved I-140 (NOT a concurrent filing) is revoked after 6 months, lets say 8 months as an example.
Will I-485 be still approved??
What if the approved I-140 (NOT a concurrent filing) is revoked after 6 months, lets say 8 months as an example.
Will I-485 be still approved??
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text
Heres the exact text:
sun: Hi Ms. Murthy:Is there a chance that BCIS headquarters will issue a rule stating that a person with I-485 pending for over 180 days should obtain the I-485 approval ?
Murthy: Yes, I personally spoke to Efren Hernandez last week. He promised me that BCIS will release such a memo by this Friday,July 11,2003.I expect somethnig to be release by a week or two.The Memo or guidance will require BCIS to issue an approval of if the I-140 has been approved and the I-485 has been pending in excess of 180 days
Heres the exact text:
sun: Hi Ms. Murthy:Is there a chance that BCIS headquarters will issue a rule stating that a person with I-485 pending for over 180 days should obtain the I-485 approval ?
Murthy: Yes, I personally spoke to Efren Hernandez last week. He promised me that BCIS will release such a memo by this Friday,July 11,2003.I expect somethnig to be release by a week or two.The Memo or guidance will require BCIS to issue an approval of if the I-140 has been approved and the I-485 has been pending in excess of 180 days
Too good to be true
BCIS might take another 300-600 days after the 180 days pass to approve these "must approve" 485 cases. Dont know how we will be better off. There is nothing automatic at BCIS, they still need to free people up to approve 485 cases.
Sounds like a new waiting line, with all the applicants in the "must be approved" category, but this category is huge. Logistics look challenging.
BCIS might take another 300-600 days after the 180 days pass to approve these "must approve" 485 cases. Dont know how we will be better off. There is nothing automatic at BCIS, they still need to free people up to approve 485 cases.
Sounds like a new waiting line, with all the applicants in the "must be approved" category, but this category is huge. Logistics look challenging.
I disagree. First, if this is really true then I would have to say that it is, in fact, a right decision to approve those who are waiting for more than a reasonable time instead of a time decided by uncertainity... its only logical. I think ppl wouldve accepted it even if it was for 1 year wait...
I think, if this gets approved, it will ease the pain for BCIS and the applicants. .... But yes, it sounds like a deal that is too good to be true... but could be true..
I think, if this gets approved, it will ease the pain for BCIS and the applicants. .... But yes, it sounds like a deal that is too good to be true... but could be true..
I guess they are referring to finalization of AC21.....In this context perhaps on completion of 180 days if one is still with the same employer, and can prove it with W2 etc, then they will automatically approve it subject to security checks. This looks realistic folks. Security clearances should in file for most people, if a person is with the same employer after 180 days what else needs to be checked. All checks have already been done at the labor and 140 stage. This is just adjustment of status application. Oh well, lets keep our fingers crossed.
All,
There are VARIOUS posts about this new rule ... I can;t believe people are falling for this crap .....
How in the world will BCIS let go of two major things :-
1> Confirmation of the fact that one is employed with the sponsoring employer ( in most cases an RFE is issued ).
2> Confirmation of the fact that the person has been maintaining legal status during his/her stay in the US ...and the best way to do that is by looking at the W2's ( again a RFE is needed ).
The reason why BCIS takes such a long time to issue approvals is not because each case takes time ( once all the required documents are in place, a typical case should not take more than an hour to approve) but because there so many cases coming in every day and just to touch a case ....thousands of other cases have to be cleared .. so even if the "180 days" law is enforced ....for a person's case to ne approved ..his / her file has to be opened and that itself takes more than an year .. considering the backlog ...
And looking at the current situation ....I don;t see how they can issue approvals hastily ...
Maxx.
There are VARIOUS posts about this new rule ... I can;t believe people are falling for this crap .....
How in the world will BCIS let go of two major things :-
1> Confirmation of the fact that one is employed with the sponsoring employer ( in most cases an RFE is issued ).
2> Confirmation of the fact that the person has been maintaining legal status during his/her stay in the US ...and the best way to do that is by looking at the W2's ( again a RFE is needed ).
The reason why BCIS takes such a long time to issue approvals is not because each case takes time ( once all the required documents are in place, a typical case should not take more than an hour to approve) but because there so many cases coming in every day and just to touch a case ....thousands of other cases have to be cleared .. so even if the "180 days" law is enforced ....for a person's case to ne approved ..his / her file has to be opened and that itself takes more than an year .. considering the backlog ...
And looking at the current situation ....I don;t see how they can issue approvals hastily ...
Maxx.
So one will be approved no matter what the person is doing ...not employed ....was on beach for a huge time ....all this will not matter. Once the I-140 is approved and after that even if the person was on beach for say 6 months from the time I-485 was filed ...no problems ....there is some catch in this ...
Maxx.
Maxx.
gctakingtoolong
Registered Users (C)
Maxx: I disagree with your comments.
1> Confirmation of the fact that one is employed with the sponsoring employer ( in most cases an RFE is issued ).
GC is for the future and there is no need to have to be employed(not by any current rule) to the same employer you are going to work for after you get your GC.
Even the RFEs are issued only in most cases and not all.
2> Confirmation of the fact that the person has been maintaining legal status during his/her stay in the US ...and the best way to do that is by looking at the W2's ( again a RFE is needed ).
There are other better ways of finding out if a person is in status than just W2s. W2s show how much you earned for a year period. You could be out of status and still have your W2 if you continue with the same employment and if your employer doesn't check with BCIS(most don't..)
Even the RFEs are issued only in most cases and not all.
1> Confirmation of the fact that one is employed with the sponsoring employer ( in most cases an RFE is issued ).
GC is for the future and there is no need to have to be employed(not by any current rule) to the same employer you are going to work for after you get your GC.
Even the RFEs are issued only in most cases and not all.
2> Confirmation of the fact that the person has been maintaining legal status during his/her stay in the US ...and the best way to do that is by looking at the W2's ( again a RFE is needed ).
There are other better ways of finding out if a person is in status than just W2s. W2s show how much you earned for a year period. You could be out of status and still have your W2 if you continue with the same employment and if your employer doesn't check with BCIS(most don't..)
Even the RFEs are issued only in most cases and not all.
my humble impressions
think it's true, or at the very least, it's what Ms. Murthy heard herself. I also think that there's NO chance under the sun (OUR sun, unless you're in a different solar system) that anyone will get approved without security clearance, BC and other logistics. HOWEVER, and this is a big 'however', if the memo comes out, the IIO's would lose power to deny approval if *everything else* is in order.
But then, doesn't that bring us back to square one?
think it's true, or at the very least, it's what Ms. Murthy heard herself. I also think that there's NO chance under the sun (OUR sun, unless you're in a different solar system) that anyone will get approved without security clearance, BC and other logistics. HOWEVER, and this is a big 'however', if the memo comes out, the IIO's would lose power to deny approval if *everything else* is in order.
But then, doesn't that bring us back to square one?