murthy chat: is this good news? regarding 1-485 pending > 6 months

[tmc]

murthy chat: is this good news? regarding I-485 pending > 6 months

<QUOTE FROM MURTHY CHAT>
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.
</QUOTE FROM MURTHY CHAT>

i am not sure i understand that answer correctly, but if, BCIS issues such rule, basically 485 will go through if the 140 was approved (sort of an unconditional AC21) then isn't that good news? or is it that i am dreaming (monday morning) which i guess is mostly the case...

 

[goastros]

concurrent filing?

I guess this whole conversation is applicable for only the concurrent filers ?

 

[BlameTSC]

It is very fair to every I-485 filer if so. That should be good news because applicants with I-485 over 180 days would no be afraid of losing legal status such as changing jobs or getting laid off even though TSC moves our cases more slowly than other centers. However is it true?

 

[chao chao]

I think

Murthy pointed out there's a risk of denial for I-140. And in that case it is better for the questioner to keep the H-1b status (instead of using EAD now) and is able to support H-4 to his/her spouse.

 

[U2]

It may be a good news who knows

I have read somewhere in the web that BCIS is coming up with something like: provided your I-140 is not been revoked and EB I-485 is pending for more than XXX days you will not be sent an employment related RFE.
This may be a reason why BCIS is not issuing any regulations for AC21 since the law has been passed ~3 yrs ago.

I don't know the validity of this at all. My personal view about employment during 485 pending is BCIS don't revoke your GC if you remain unemployed for 2 yrs, 2 wks after your I-485 approval why it would be a major issue 2 Wks before approval ?

Please post your comments.