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

Maybe BCIS noticed there're too many RFEs recently issued by officers, and use this memo to control them, so can be more efficient?

sounds too good to be true though. 'cause we know how frequent RFE is.
 
my impressions

I 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?
 
Adjudication of any 485case should take atmost an hour/case.
The main reason being the 'backlog' that's delaying the whole process and hence more officers need to be recruited, which means more funding needed...!! Once they catch up with the backlogs, and the process goes on smoothly, with the existing officers, all cases would be approved within 180days[as was proposed by then INS Chief last year,which didn't happen]
Would this happen NOW ?

It wouldn't be a 'Blind' approval for cases > 180days which would violate HomeLand Security purpose..!

Hope this 'Breaking'News wouldn't be finally everyone's "Heart-Breaking" News..!!
:eek:

Lets hope for the Best..!
 
Ohm...
Some of you guys are spoiling my golden dream. Am i not eligible for a beautiful dream even for 1 week ? :mad: :mad:
 
Originally posted by vijayrc
Adjudication of any 485case should take atmost an hour/case.
The main reason being the 'backlog' that's delaying the whole process and hence more officers need to be recruited, which means more funding needed...!! Once they catch up with the backlogs, and the process goes on smoothly, with the existing officers, all cases would be approved within 180days[as was proposed by then INS Chief last year,which didn't happen]
Would this happen NOW ?

It wouldn't be a 'Blind' approval for cases > 180days which would violate HomeLand Security purpose..!

Hope this 'Breaking'News wouldn't be finally everyone's "Heart-Breaking" News..!!
:eek:

Lets hope for the Best..!
Click to expand...

There is about 800 I-485 application at VSC per day. That means just keeping up with the new application will need 100+ people.
The backlog is about 1.2 million nationwide. I am not optimistic. :(
 
WHEN?

Will be approved... will be approved .. BUT WHEN??

Without the approval notice, you cannot go for passport stamping, and without the I-551 stamp, you still can't travel freely or update your SSN card.
 
This is what Murthy says in 6.16 chat

Chat User : I filed my I-485 in Vermont in February 2002. I got laid off during March 2003. If I don't find a job and receive an RFP, what will happen, or what do I have to do? Thanks in advance for your service.

Attorney Murthy : Since the I-485 has been pending and remains un-adjudicated for over 180 days, it appears that you preliminarily satisfy
the first requirement for AC21 portability. Of course, a person is required to obtain a job offer, and the law requires that the job be in the "same or similar" job occupational classification to enjoy portability. So, if you don't find a job at all, then it will pose a problem, since the only reason the government is granting permanent resident status is the ability to work for
an employer and in an occupation that is deemed to be in short supply. In the worst case scenario, should you really not find any other job, the BCIS
will have to deny the I-485 after they provide you with an opportunity to respond to an RFE. In the best case scenario, you will find the same or
similar job with a higher salary than originally stated in the labor certification and obtain your I-485 approval. Think positive


Isn't that conflicting with what she replied in 7/7 chat? Just in half month, she changed her words?
 
Originally posted by dengdeng
This is what Murthy says in 6.16 chat

Chat User : I filed my I-485 in Vermont in February 2002. I got laid off during March 2003. If I don't find a job and receive an RFP, what will happen, or what do I have to do? Thanks in advance for your service.

Attorney Murthy : Since the I-485 has been pending and remains un-adjudicated for over 180 days, it appears that you preliminarily satisfy
the first requirement for AC21 portability. Of course, a person is required to obtain a job offer, and the law requires that the job be in the "same or similar" job occupational classification to enjoy portability. So, if you don't find a job at all, then it will pose a problem, since the only reason the government is granting permanent resident status is the ability to work for
an employer and in an occupation that is deemed to be in short supply. In the worst case scenario, should you really not find any other job, the BCIS
will have to deny the I-485 after they provide you with an opportunity to respond to an RFE. In the best case scenario, you will find the same or
similar job with a higher salary than originally stated in the labor certification and obtain your I-485 approval. Think positive


Isn't that conflicting with what she replied in 7/7 chat? Just in half month, she changed her words?
Click to expand...


Maybe not, because on June 16, Murthy had not met the guy from BCIS who said that they would issue a memo on July 11.
 
Originally posted by GC012002
Maybe not, because on June 16, Murthy had not met the guy from BCIS who said that they would issue a memo on July 11.
Click to expand...


True, why don't we wait untill the memo comes out, instead of guessing work?
 
Originally posted by dengdeng
I don't know. if this new rule is coming out, then
AC21 portability is no longer needed.
Click to expand...

Does anyone need AC21 today to get 7th year H1B? Due to concurrent filing(I-140/I-485) regulation and since all EB based are current , there is fair enough chance that most will have EAD before the end of 6th year. So no use of AC21 in this situation. Similarly new rule might overpower other clauses of AC21.
 
We will, of course, have to wait to see what the memo, if and when it comes out, will actually say. There is reason to be hopeful that an easing of BCIS procedures is in the offing. Don't forget that Bush has started his election campaign, and he needs all the support he can get, including the support of the immigrant community. In truth, the adjustment of status stage is virtually automatic already once the LC and 1-140 have been granted. The only obstacles to 1-485 approval would be failing a security check, fraud or unemployment. So this "memo" sounds like a highly political move to me to buy the immigrant vote. Such a memo would be a clear singal to adjudicators to "get the lead out."
 
Well I guess this breaking news would only be for cases that were filed in the recent past. Cases that are pending for a year and over would definitely warrant a RFE. Cases filed recently would have the necessary supporting documents and hence shouldn't be difficult to approve.
 
Dear All:

If and when this passes do you think concurrently filed applications for I-140/485 where I-140 has not been approved will be included in the list or would it be only after I-140 is approved.. the whole process is so stressful - I hope it includes the 1-140 if not approved for it would be a blessing in disguise to the ALLL of us.... God bless who all are in this stage for their patience and perseverance......

Guys do post your replies / opinions a lot of folks would like to hear comments on the above..


Thanks
 
dengdeng - it is for cases that have been filed more than a year back. Newly filed cases having all the necessary docs can be processed faster as these cases wouln't need RFEs.
Old cases might however need to be processed more carefully to verify employment information.
This is only my guess. This is all we can do..keep guessing.
 
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