filing LC with 245i

[azzuri]

Paragraph 245i protects those who filed any type of permanent resident petition by Apr 30th, 2001.

In case, labor certificate petition was filed before 4/30/2001 but withdrawn by the sponsor (after 4/30/2001) - is paragraph 245i allowing this applicant to adjust status in US in case later on he/she becomes out of status and applies for GC again ?

In case this is true, is LC petition receipt enough as a proof ?

 

[usnycus]

A petition that is denied, withdrawn, or revoked may still preserve 245(i) eligibility, depending upon the reason for the outcome. The basic issue is whether the petition met the "approvable when filed" standard.

For instance, if the petition was withdrawn, denied, or revoked because of situations arising after the petition was filed, the petition will still qualify the person for 245(i). Examples INS gives of a change in circumstances are a child "aging out" (reaching 21 so no longer being eligible for certain categories), an employer going out of business, or a termination of a valid marriage.

If a petition is without merit and is denied because the beneficiary was not eligible at the time of filing, for example did not have the required family relationship at the time, then it cannot serve as a basis for 245(i) eligibility

Source: http://www.murthy.com/UD245reg.html