Breaking News! Approval for all I-485 pending for more than 180 days!

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longGC

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It is hard to believe but yesterday I read from Murthy.com chat that there is a rule coming this Friday to approve all I-485 cases pending for more than 180 days.

I am posting the question and answer verbatim. The question was,

"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? Thanks"

When this question was asked on the chat room, I thought that that could be an ideal situation any GC aspirant would hope for. It was hard to believe that Attorney Murthy answered YES!!!

"Yes, I personally spoke with Efren Hernandez last week; he promised me that the BCIS will release such a Memo by this Friday, July 11, 2003. I expect something to be released in about a week or two. The Memo or guidance will require BCIS to issue an approval of the I-485 if the I-140 has been approved and the I-485 has been pending in excess of 180 days".


Guys, please find out in depth about this upcoming rule and how it is going to change our life. The more you find and put on this board, the more it will be helpful. Your comments, positive AS WELL AS negative are very important.

At last the world is changing!
 
longGC,

This is the best news I heard in the last one year. Thanks for the post.
BTW, did u hear anything about your MTR?
 
longGC,

I agree this is the best new I have heard from BCIS. It is hard to believe and I still have to see it to really believe it.
The question is how long it would take to approve all pending I-485 cases with more than 180 days. Will it still take the 999 days? Hope not.
 
practical issue

I think this news if true does not imply that the I-485 approval will be any faster. Practically, even BCIS would wish to do so, it still won't be feasible. In principles, the security check still must be done.

I personally think this is just a new interpretation of AC21. But I hope that I am wrong and we will be able to fly all.
 
Agree

Agree with vili, we still need to go through at least a three-month FP/Security check. I don't think BCIS will just run a query for those whose 485 is pending for more than 180 days and issue FP. So the wait could still be tremendous.

However, there may be a rule that no employment-based RFE can be issued.

RD: 6/02
 
I could not find the chat transcript of yesterday

Hi,

I could not find the chat transcript of yesterday's from Murthy.com
 
Hold on a second. Don't get too excited. If you read Ms. Murthy's reply more carefully, it really doesn't mean anything new. All she is saying is that any case older than 180 days would be adjudicated. That's it. Nothing new there. BCIS already does that if you think about the simplicity of that statement. No timeframe is mentioned as to how long it would take to approve all those cases.

Think about it, that is exactly what the BCIS is doing right as we speak. The BCIS is not lying when they make this statement, and in fact they are also not saying anything new. The statement is so general, that one can say that they have already achieved it.

Basically, every case even before this memo that is older than 180 days is still getting adjudicated, but it just so happens that it takes 999 days to do it.

What the statemtent does guarantee, is that no case younger than 180 days will ever be adjudicated.

The statement from Ms Murthy is basically reiterating the policy that BCIS already has in place. "BCIS will Adjudicate I-485 cases." Nothing new there. Notice that no timeframe is mentioned as to how long they plan to take to finish them all.

Unless the official BCIS memo contains a timeframe in which the BCIS plans to adjudicate all those case, then it really has no value to us.
 
If that is the case, where is the need to issue a memo this Friday to adjudicate I-482 cases beyond 180 days??
 
Repost: It may be a good news who knows

I have read somewhere in the web that BCIS is coming up with something like: provided your I-140 is not been revoked and EB I-485 is pending for more than XXX days you will not be sent an employment related RFE.
This may be a reason why BCIS is not issuing any regulations for AC21 since the law has been passed ~3 yrs ago.

I don't know the validity of this at all. My personal view about employment during 485 pending is BCIS don't revoke your GC if you remain unemployed for 2 yrs, 2 wks after your I-485 approval why it would be a major issue 2 Wks before approval ?

Please post your comments.
 
I agree with vili. This is just AC21 coming into play. No employment RFE if case over 180 days. Which applies to just about every single I 485 out there.

It will still be the old 31-34 months to process the actual case.

Sorry guys, I don't see anything to get excited about in terms of processing speed.
 
What a good news?

It is a very good news if the memo covers the following

I-485 will be approved if the underlying i-140 petition was approved (does not matter if it is revoked lately) and the 180 days have been passed. No emp. based RFE after this

Basically 180 days with a company would fulfill the permanancy of the employee with the company.

If BCIS gets the file to adjudicate before 180 days, they may send Emp. based RFE to see the pemanancy of the employee. If it is a different company, then they will look for same and similar job.

The new memo would not say the same thing what they are doing already. So, the interpretation should cover the above and hope everything will be alright. Sit tight....
 
memo v/s rule

I agree with what curiousgeorge is saying.
I doubt if BCIS will not stop issuing RFEs. They will continue to do so.
Maybe in case, (something like what happened to LongGC) your ex-employer revokes your approved I-140 and your 485 has been pending for more than 180 days, then instead of denying the I-485 , the memo will tell the IIOs not to deny it on that basis.

So maybe the rule is already in place, just a memo to remind.

Of late, I have noted 4 cases ( 2 at TSC) , where the 140 has been revoked even after 180 days have passed. The other 2 were at the CSC, the details are on the murthy.com's forum.
 
We will wait until July 11,2003 (Friday - just 3 days away from today). Also,the question and answer posted is same exact words from Murthy as I myself asked this question . So I don't see any reason to reconfirm this from Murthy!, but wait for July 11th!.
 
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But did you ask if someone is jobless, this rule still stands? or same as in the law, you have to be employeed.
 
dengdeng:
No. I didn't ask that question. In the chat they expect short questions. Probably you can send an email to ask about this situation. I asked in general for guys who are waiting for over 180 days after filing 1-485.
 
This is all exciting news to me. ` can't wait till Friday to see the complete memo - but i'm gonna be optimistic on this one - it's about time for a change for a better.
Finally, let's hope it won't be as confusing or as general an idea as the AC21.
goodluck to all of us !
 
IMHO...

this very same message is posted in other service center forums too and many people seem to think it will be immediate approval of all 485s. imho, i think this addresses AC21. basically after 6 months of 485 bcis _might_ think (my wishful thinking) it is unfair to maintain same job etc. so basically no employment rfe. but still i guess it will be slow processing.

heres a post i made in the other thread:
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wow, very good if this happens...
i have many questions -

-does this mean that after 180 days the person can remain jobless (without being public charge or whatever) and still get approval. basically is it unconditional AC21? (as i said in my previous message, basically you cannot be denied on the basis that you don't have a job anymore, or your job is not similar etc). other grounds like medical, criminal record etc still apply though.
-what if the company revokes the 140. i guess it won't apply but would be nice if it did
-for concurrent filing, is it 180 days after 140 approval or 180 days from 485 filing, provided 140 is approved.


lets see what happens.
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keeping fingers x'ed.
 
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