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

E

Edison

Registered Users (C)
http://boards.immigration.com/showthread.php?s=&threadid=89037

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.
 
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Any comments??

Anyone care to comment on this.. took a look at it myself and saw with my own eyes that she made this statement
 
http://www.immigration-law.com
go to Breaking News

07/09/2003: AC 21 180-Day Rule and Effect of Revocation of Approved I-140 by Employer

Under the AC 21, 485 waiters are allowed to take new employment 180 days after filing I-485 inasmuch as it is a same or similar occupation. One question which remained a puzzle was what would happen if the employer should revoke the underlying approved I-140 petition. In fact, there have been a number of reports by the immigration lawyers that the Service Centers denied I-485 when underlying I-140 had been revoked by the employer in several instances.

This question has yet to be answered by the yet-to-be-enaced AC 21 regulation, but AILA has reported a letter written by a responsible BCIS official in response to an attorney's inquiry that revocation of the approved I-140 petition by the employer should not affect the pending I-485 application "inasmuch as the revocation took effect after 180 days from the filing of I-485." He opined that the underlying approved I-140 petition and the approved labor certification application would remain valid despite such revocation if it happened after 180 days.

The opinion was expressed in the form of a letter and not even an official memorandum. Accordingly, strictly speaking, the letter does not carry any legally binding force. However, in view of the fact that the officer is in charge of the business division, it should carry some weight for the Service Center adjudicators. Question remains: (1) Would the Service Center reverse their prior denial if people file a motion to reopen or motion to reconsider based on this letter? (2) Since one certified labor certification application can support only one I-140 petition, what happens if the employer files a new I-140 petition to substitute the employee and the new employee applies for I-485 based on the newly approved I-140 petition? The letter still begs a host of questions and it will remain so until the AC 21 regulation is officially enacted.
 
Full Question

Edison here is the FULL question and the FULL answer in the chat :

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, and for whom the I-140 has been revoked by the original sponsoring employer, 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 had previously been approved and the I-485 has been pending for 180 days or longer, assuming all the other criteria have been satisfied for AC21 portability, like the new job being same or similar, etc
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So as you see it is only going to be for those whose I-485 pending for over 180 days, and for whom the I-140 has been revoked by the original sponsoring employer and NOT for all cases !
 
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“So as you see it is only going to be for those whose I-485 pending for over 180 days, and for whom the I-140 has been revoked by the original sponsoring employer and NOT for all cases”

*** If one filed I-485 based on approved I-140, I-485 crosses 180 days but employer or BCIS Revokes your I-140 after 70-80 days of filing I-485. One cannot use AC21. That is what I think from the BCIS letter or from recent Murthy bulletin
 
transferee to local office

NEBRASKA SERVICE CENTER
RD 09/04/2001
ND 10/01/2001
FP 02/01/2002
RFE 10/26/2002 ( RELATED TO MARRIGAGE CERTIFICATE)
TRANSFER TO CHICAGO 11/22/2002
WAITING FOR INTERVIEW.


IF THEY ISSUE AUTOMATIC APPROVAL OF I-485, WILL THEY INCLUDE THE CASES TRANSFERED TO LOCAL OFFICE ?

NOTHING FROM CHICAGO OFFICE SINCE THEN.
FRUSTRATED.


:(
 
Once again: There is no automatic approval. Only thing clarified is that I140 revocation will not affect GC approval. That is why these hyped threads were being closed by the moderators.

Dont use CAPS, it is like shouting, not the attitude you want to project when you are seeking help.
 
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