I-485 approval after 180 days?? - per Ms.Murthy

S

sgi

Registered Users (C)
Having read this on VSC forum thought should post it here.

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


Does it mean that I-485 gets 'auto approval' ? If yes, then what about we folks waiting and observing 485 filing anniversaries....
or did I just comprehend it wrong?
 
sgi, seems very hard to believe, but yea I read what you do .. damn, but it says that the BCIS headquarters might issue such a ruling, so as of now it isn't so.
 
doubt about the auto approval idea because of the background checking they want to enforce.

But still really hope this can come true, and ASAP...
 
SM, Yeah, BCIS is still to issue a ruling, maybe that's their way of reducing the huge backlog or so to say premium processing of I-485.

JAurora : they might do just one background check and approve both the applications just to eliminate the repetitive background check.

All in all let's wait and see.


sgi
 
background check

Can somebody explain about background check, in US or back home?

If its in US why it takes so much time? If its back home how they do it?
 
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background check

As per my attorney, there are 3 or more different background checks for each applicant, irrespective of type of application. The BCIS issues the background check order to all these agencies at same time. It may so happen that one of agency sends the results in 3 days and other might take longer time. By the time, all the agencies send their results, the first agency's result expire and BCIS has to re-issue the background check order for that agency. The chain starts here......FBI, DMV, IRS are few such agencies....
I was told that the BCIS officers are also tired of this chain reaction. Another issue is that for US Gov. Permenant residency is the benefit offered to immigrants and not a necessity. So the lack of funds at BCIS.

All the above were told by my Attorney. There may be conflicting views to it by others....So don't slam!!!!
 
I don't trust murthy

I don't trust murthy at all. I think she is trying to spread confusion and make money out of it. I spoke to a couple of attorneys on this subject and they seem quiet happy about AC21. Eventhough the regulations are not there they are quiet comfortable with using it. Theey do agree that there is some risk , but have plan B's in place and according to them there is no way an immigrant is going to loose if all the conditions are met. Murthy never talks about what is she going to do if the case is rejected.

All murthy is saying is "I don't know" and " there is no regulation regarding AC21" to what ever question is asked. Quiet strange that we haven't heard this from any one else.
 
gnu ur prolly right. Murthy is the only lawyer who says it is OK to change jobs before 180 days .. I wouldn;t say I don't trust her, but you have a conservative lawyer, and a progressive lawyer, and then you have ultra-progressive murthy.
 
Sillyman, I am talking about the denials

Sillyman, I am talking about the denials murthy is mentioning. Now she says it's not safe anymore, especially if I-140 is revoked even after 180 days.

At the same time she is Ok with changing before 180 days also.She is all over the place. First of all she has no consistency , very similar to BCIS. I know we cann't demand quality for freebies.
 
when will they do background check?

when will BCIS do background check? During FP or just prior to approval?
 
my interpretation

Because Murthy is not saying explicitly that I-485 will be automatically approved, it might be interpreted as, if you file I-140 & I-485 together and if your I-140 is approved then there is no chance of I-485 denial.

I dont think, BCIS will do an automatic approval of 485s as they are into all sorts of security checks nowadays...

Its BCIS. so, you cant guess anything..

This is just my thinking and may be wrong.
 
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