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

Hope it's a positive action BCIS takes to reduce backlog. Now the backlog is 19 months, which is 9 months longer than BCIS took over poor INS. Some actions must be taken soon, otherwise, this organization will be criticized and demolished again.
 
orca,
I don't think Ms.Murthy mentioned this since the letter you mentioned from Efren Hernandez is dated April 24, 2002.
 
Edison: you're right. I was wondering, though, that the memo Murthy mentions might simply be an internal memo to beef up BCIS officers for a more uniform code of conduct during adjudication. Put simply, it *might* just be to set the contents of the letter to practice within the general framework of the BCIS so that revoked-140-cases are no longer denied because of the revocation.

Just a thought, and I hope I'm incorrect.
 
Originally posted by orca
Put simply, it *might* just be to set the contents of the letter to practice within the general framework of the BCIS so that revoked-140-cases are no longer denied because of the revocation.
Click to expand...

I don't have a clue what Sheela Murthy was thinking, but knowing how lawyers love to couch things in cautious language, if her statement was merely referring to I-140 revocation, I would assume she'd say so. What's so puzzling is that the question was so broad, and the answer was equally broad. Odd.
 
I don't buy this but...

I mean she sounds quite confident, but think about the 245(i) passed in 2000, I guess we are better than those people as we started with coming in this country legally, pay taxes and contribute to economy big time, so let us keep our fingers crossed.

Excerpt:
Chat User : Hi, Ms. Murthy. Is there a chance that BCIS Headquarters will issue a rule stating that a person with the I-485 pending for over 180 days should obtain the I-485 approval? Thanks!

Attorney Murthy : 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 examiners at the various Regional Service Centers to issue an approval of the I-485 if the I-140 has been previously approved and the I-485 has been pending in excess of 180 days.


RD 10/01
NOTHING...... SO FAR
 
Read between the Words :(

Murthy's response says "Attorney Murthy : 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 examiners at the various Regional Service Centers to issue an approval of the I-485 if the I-140 has been previously approved and the I-485 has been pending in excess of 180 days."


If you read the response again, the key word is "PREVIOUSLY", which means that she is referrring to someone whose 140 was approved but circumstances have changed....this means that she is referring to an AC-21 rule clarification. I am sorry, but it does not sound as it will be an automatic approval of 485s....
 
This does not make any sense, this means that they are going to reward people who for some reason left their employer, well it make sense if they were laid off, but what if they left for more money then that means the people who are still with their original employer are jackass, this explanation was the most dumb I guess, it will be either all or none, I guess... as if they go for AC21 then that will encourage people to ditch their original employer and go for new ones, this will cause chaos
 
The Memo or guidance will require BCIS examiners at the various Regional Service Centers to issue an approval of the I-485 if the I-140 has been previously approved and the I-485 has been pending in excess of 180 days
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It only says that you will be approved if your I485 is pending for more than 180 days, but it doesnot say that it will be approved immediately. This means that the adjudicators will no longer issue
RFI for employment letter. This brings only a partial cheers, especially it relieves tension for all those who want to leave the sponsoring employer. Such a Memo will improve the processing
speed, but it will not result in approvals immediately for all the waiting folks. We still have those hurdles : Security check and backlogs.
 
Originally posted by forum123
This does not make any sense, this means that they are going to reward people who for some reason left their employer, well it make sense if they were laid off, but what if they left for more money then that means the people who are still with their original employer are jackass, this explanation was the most dumb I guess, it will be either all or none, I guess... as if they go for AC21 then that will encourage people to ditch their original employer and go for new ones, this will cause chaos
Click to expand...


Haven't we learned/seen how many times the INS/BCIS do something that does/did not make any sense at all? :D :D :D
 
Let's not raise expectaion level to high. But this news does make a lot sense to me. When INS (BCIS) decided to adopt concurrent filing method last summer. It had two goals in mind (1) to make sure immigration visa (I-140) only granted to those admissible applicants for security concerns (2) to reduce work load by assigning all related cases to one officer. People were expecting both I-140 and I- 485 get approved at the same time as well. It didn't quite work out that way. This new direction actually can help them get out vicious cycle and let them achieve what they were trying to do.
 
How about interim GC if AOS application pending for more than 180 days similar to interim EAD if EAD application pending for more than 90 days???????????????????
 
Originally posted by Edison
How about interim GC if AOS application pending for more than 180 days similar to interim EAD if EAD application pending for more than 90 days???????????????????
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Isn't that what adjustee status is?
 
from murthy chat : June 23, 2003

from murthy chat : June 23, 2003

Chat User : Hi, Murthy gi. My I-140/I-485 both are pending from 165 days but I got terminated from my employment. Can I work on my EAD? What is the best option to do? I do not have any other H1B.

Attorney Murthy : It is possible that one may obtain the GC in such a case but there is no guarantee. It looks like the BCIS is quite confused on the law and some examiners have not been given appropriate guidance by senior officials at BCIS Headquarters. The law states that if the BCIS does not adjudicate the I-485 within 180 days, then the person's I-485 should be approved. However, that is not always the case, so one has to be careful and understand that there are potential risks. If any new employer is willing to process an H1B petition it may be a good back-up strategy in such cases.
 
from murthy chat : June 30, 2003

from murthy chat : June 30, 2003

Chat User : Hello. I’m on H-1 visa status. My spouse applied for I-140 / I-485. I got EAD but no approval for I-140. Is it ok to switch to H-4 if I lose my job?

Attorney Murthy : As I tell people, if one has no choice at all, like losing a job, one has to switch to any other status which will enable the person to live or work legally in the U.S. There is a chance that the BCIS Headquarters will issue a rule stating that a person with the I-485 pending for over 180 days should obtain the I-485 approval if the I-140 gets approved. If the I-140 is ultimately denied, I believe there is a risk, even if one is with the same sponsoring employer and has allowed the H1B status to expire.
 
Originally posted by dsatish
It only says that you will be approved if your I485 is pending for more than 180 days, but it doesnot say that it will be approved immediately. This means that the adjudicators will no longer issue
RFI for employment letter. This brings only a partial cheers, especially it relieves tension for all those who want to leave the sponsoring employer. Such a Memo will improve the processing
speed, but it will not result in approvals immediately for all the waiting folks. We still have those hurdles : Security check and backlogs.
Click to expand...

I agree with dsatish.

murthy's chat log reads to me as if your I485 has been pending for more than 180 days with the approval of I140, then the case will be approved.

this is good news since most of us here have pending I485 for more than 180 days with approved I140. However, Murthy did not say that the 180 day pending I485 will be approved IMMEDIATELY. She did not mention a time frame for BCIS in approving cases.

I guess it does feel good that the chances of being approved is almost certain according to Murthy for those of us with over 180 day pending cases. BUT we still have to wait till BCIS find the time to even look at our cases.

So perhaps Approval is certain, but the question of WHEN is still there.
 
I got reply from Rajiv

I wrote to Rajiv yesterday, here is his reply

:) There is no official confirmation of this. Sorry.


Hi Rajiv:
Have you heard the rumor that Attorney Murthy posted on her website that all I-1485 cases will be approved if pending over 180 days.
She said a memo will come out this Friday. Is it true?

Seems he knows about it too!
 
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