I-485 approval after 180 days - Chance of new BCIS Rule per Ms.Murthy

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Edison

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I-485 automatic approval after 180 days - Chance of new BCIS Rule per Ms.Murthy

Excerpt from Murthy Chat session (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.

http://www.murthy.com/chat0630.html
 
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Hmmm .... did she mean 'automatic approval', if the I-140 has been approved AND the I-485 has been pending more than 180 days?

WOW!
 
It looks like Ms.Murthy confirmed the same in this Monday chat.

http://boards.immigration.com/showthread.php?s=&threadid=89495

Excerpt from 7/7/2003 Murthy chat:
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
 
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Guys, catious interpretation is

" if I-485 is pending more than 180 days and 140 is not revoked by then -> in that case INS will not deny I-485 because of other reason" like you changed employer etc..

looks to me , they are issuing a memo just to clarify AC21, nothing has to do with autometic approval.


Even if I agree with the other interpretation.. reality is still they have to go to each and every body's file and check that one is not a terrorist , send approval notice.. stamping.. which I can see reduces half the work and might get approval time from 19+ month to 12 month but no way to 6 months


?????
 
How about a interim or provisional GC after 180 days(like interim EAD after 90 days) !!

Let us wait for the memo to come out.
 
Re: Guys, catious interpretation is

Originally posted by RDMAR02
" if I-485 is pending more than 180 days and 140 is not revoked by then -> in that case INS will not deny I-485 because of other reason" like you changed employer etc..

looks to me , they are issuing a memo just to clarify AC21, nothing has to do with autometic approval.


Even if I agree with the other interpretation.. reality is still they have to go to each and every body's file and check that one is not a terrorist , send approval notice.. stamping.. which I can see reduces half the work and might get approval time from 19+ month to 12 month but no way to 6 months


?????
Click to expand...

Given the current conditions 12 months sounds like music to me.....
 
Check out the last question and Ms.Murhty reply at:

http://www.murthy.com/chat0707.html


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.
 
good one...

automatic 485 approvals???

you're teasing us, mrs. murthy...

this probably refers to AC21 140 revocations by old employers not impacting 485 approvals after 180 days

automatic 485 approvals...too good, guys....
:D :D :D :D
 
This is a chance for the unlucky guys to be lucky

What I understand is ... If after 180 days (485) your employer withdraws I-140 ONLY then ... so wrongly interpreted all around
 
yes.. the heading is

I-140 Revocation Could Result in I-485 Approval
-------------------------------------------------------------


and not all 485 cases over 180 days
 
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