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Mr.Jim or others, pls. your help is needed.
- Thread starter BrianK
- Start date
The 245(i) extension was passed by the House, and it is in the Senate right now!
The following posting is from the "www.usvisanews.com" website:
"The American Immigration Lawyers Association (AILA) has posted news that last night the House of Representatives voted in approval of the extension of Section 245(i), embodied in a new version of the Border Security Bill. While the news might be a surprising jolt in light of the otherwise predominantly restrictive measures introduced lately, don\'t let it get you riled up just yet.
"The first reason to take a calm approach is that this is not the extension of the section, this is just House approval. Furthermore, while Senate approval may very well follow, and Presidential signature would mean that the extension had taken affect, the borders of this version are VERY narrow.
"As approved by the House, the benefits of Section 245(i) would be extended until November 1, 2002. This section allows beneficiaries of family-based or employment-based permanent residency petitions to adjust status in the U.S., despite being out of status and/or unlawfully present in the U.S.
"However, the new requirements for the extension severely limit the number of applicants who would become eligible for adjustment of status under this section. Under the terms of the extension as approved by the House, the only qualified applicants would be those who were the beneficiary of a family-based petition (I-130) or labor certification application filed before August 15, 2001. If you\'re reading this and you qualify, you are among a small minority of the MUCH larger group who would like to reap the benefits of the extension.
"Still, there is good news for those who admire justice. The legislature has not decided to sweep every immigration issue under the conservative rug. There is also equally good news for admirers of Vicente Fox: Persistence pays off."
Hope, this will give you an idea.
Thanks and good luck to you.
The following posting is from the "www.usvisanews.com" website:
"The American Immigration Lawyers Association (AILA) has posted news that last night the House of Representatives voted in approval of the extension of Section 245(i), embodied in a new version of the Border Security Bill. While the news might be a surprising jolt in light of the otherwise predominantly restrictive measures introduced lately, don\'t let it get you riled up just yet.
"The first reason to take a calm approach is that this is not the extension of the section, this is just House approval. Furthermore, while Senate approval may very well follow, and Presidential signature would mean that the extension had taken affect, the borders of this version are VERY narrow.
"As approved by the House, the benefits of Section 245(i) would be extended until November 1, 2002. This section allows beneficiaries of family-based or employment-based permanent residency petitions to adjust status in the U.S., despite being out of status and/or unlawfully present in the U.S.
"However, the new requirements for the extension severely limit the number of applicants who would become eligible for adjustment of status under this section. Under the terms of the extension as approved by the House, the only qualified applicants would be those who were the beneficiary of a family-based petition (I-130) or labor certification application filed before August 15, 2001. If you\'re reading this and you qualify, you are among a small minority of the MUCH larger group who would like to reap the benefits of the extension.
"Still, there is good news for those who admire justice. The legislature has not decided to sweep every immigration issue under the conservative rug. There is also equally good news for admirers of Vicente Fox: Persistence pays off."
Hope, this will give you an idea.
Thanks and good luck to you.
Yes you are right!. Thanks a lot to Mr.Khanna and Mr.Jim and others. I have one more question regard
I have applied 485 and have not completed my 180 days and got laid-off. I am wondering can I claim under 245i. First of all, am I eligible to claim under 245(I)? since my 485 has been already filed. Please give your advise on this matter. Thanks in advance.
I have applied 485 and have not completed my 180 days and got laid-off. I am wondering can I claim under 245i. First of all, am I eligible to claim under 245(I)? since my 485 has been already filed. Please give your advise on this matter. Thanks in advance.
Portability - AC21!
The following is a portion of a posting from "www.murthy.com".
"Question 1 : Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21?
Based upon the wording of the law and the INS interpretation of AC21, the 180 days should be counted from the date the INS receives the filing at one of its Service Centers. This is not the notice date, which reflects the several days or weeks the INS takes to issue the Receipt Notice. The 180 days are calendar days, not business days.
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Question 2 : I lost my job before the 180-day period. Can I still use portability?
Yes, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases."
The same situation happened to one of my friends at Dallas, Texas. While we all wondered what would happen to his I-485 application, thanks to Almighty God, his case was approved. He did not receive any RFE regarding his I-485. In your case, the best thing I can think of is to find a similar job. Thanks and good luck.
The following is a portion of a posting from "www.murthy.com".
"Question 1 : Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21?
Based upon the wording of the law and the INS interpretation of AC21, the 180 days should be counted from the date the INS receives the filing at one of its Service Centers. This is not the notice date, which reflects the several days or weeks the INS takes to issue the Receipt Notice. The 180 days are calendar days, not business days.
--------
Question 2 : I lost my job before the 180-day period. Can I still use portability?
Yes, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases."
The same situation happened to one of my friends at Dallas, Texas. While we all wondered what would happen to his I-485 application, thanks to Almighty God, his case was approved. He did not receive any RFE regarding his I-485. In your case, the best thing I can think of is to find a similar job. Thanks and good luck.
kafirhindu
Registered Users (C)
How long it take to approve I485 after finger printing @ VSC EB2