murthy chat: is this good news? regarding I-485 pending > 6 mths - Updated news 07/07

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Surya13

Registered Users (C)
I have asked below question (Copied from TMC's posting about the same subject) in today's Murthy Chat and please see the answer from her below.



Hi Ms.Murthy, Is there a chance that BCIS Headquarters will issue a rule stating a person with the I-485 pending for over 180 days should obtain the I-485 approval?. Thanks!


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 to issue an approval of the I-485 if the I-140 has been approved and the I-485 has been pending in excess of 180 days.


Ms. Murthy is doing really!!!!! lot for us!. She deserves a thanks from US!. Please email to her!!!!.
 
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Sound too good to be true.

So many people with approved I140 are still waiting for FP notice for more than 6 months...

But at least it keeps us hoping.
 
Murthy

Villi, that is Sheila Murthy and not Murphy.
I am suprised you are not aware of who Sheila murthy is unless you r kidding.
Usually she is believable and like Mr. Rajiv Khanna, is a tremondous help to us and helps in facilitating immigration.
It will be great news for many of us if what is stated in the chat transcript comes true.

as per Efren hernandez, I did a google search on the name & BCIS this is what I found -
"Efren Hernandez, the BCIS's Director of Business and Trade Services"
 
thanks goastro

I am very new to the Immigration forums. If this news is true, we will have to celebrate and wish long live to Ms. Murthy and Mr.Hernandez.
 
wow, very good if this happens...

i have many questions -

-does this mean that after 180 days the person can remain jobless (without being public charge or whatever) and still get approval. basically is it unconditional AC21? (as i said in my previous message, basically you cannot be denied on the basis that you don't have a job anymore, or your job is not similar etc). other grounds like medical, criminal record etc still apply though.
-what if the company revokes the 140. i guess it won't apply but would be nice if it did
-for concurrent filing, is it 180 days after 140 approval or 180 days from 485 filing, provided 140 is approved.


lets see what happens.
 
It relates to AC21

I believe she means that if I140 is withdrawn by employer, and the I485 applicant has found an equivalent job, then he/she will be approved

If we take her literally it is too good to be true
 
surya13

Surya, kudos to you as well for asking this question at the Murthy chat.
ms. murthy said "she expects something to be released by a week or two".
I hope we get the clarification this week.
 
Surya, can you tell us why you ask her this questions? is it about 140 revocation?
in what context...thanks!
 
I saw one of the posting by "TMC" and wanted to check with Murthy about detailed information on this as we all are waiting since so many months and years for approval!.
 
Surya, you just ask this question? Is this question independent of what others before you
are asking?

Seems she knows what you're talking about!
 
Ok. She had mentioned about this in another Chat!. So, I just checked again!.
I did the same before also "about the TSC funding issue" and she answered that she is trying by contacting congressmen.(remember long back she had posted an article about the funding issue at TSC and she had send letters to congressman).

Please see the link for the TSC funding issue below:
--------------------------------------------------------------------

http://www.immigrationportal.com/showthread.php?threadid=79825


I always check back with her for any update when she post anything on her website or chat related to TSC.
 
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You think she means that all 180 days cases will be approved immediately or just if 180 days, will be approved someday. What do you think?
 
"regarding all 485's being approved if pending for more than 180 days "

As much as I would like to believe this please lets not get carried away. I would like to think positively but there is a difference between being over optimistic and realistic.

I am sure Ms Murthy is doing a wonderful job and so are many other but I dont think BCIS is one of them.

As pointed out earlier on this forum if BCIS releases such a memo and does not give a timeframe for approval what difference would that make in comparison to the current processing time. In anycase best of luck to all.
 
I guess the only difference is

is that you atleast be sure that your gc will be approved no matter if you have a job or no. I think in this current market, it takes off some pressure off your shoulders.
 
What about FP requirement

I am sure it does not mean that FP requirment is waived...and that is where the 180 day rule goes for a sixer (desi) or a homer. I am not excited about it...at least not yet...till I see the notification on Friday...

Kamalhasan
 
Memo or Guidance

I frankly don't expect things to change so drastically in our favor.

I believe it is just a "Memo or Guidance" to the BCIS IIOs who have just issued denials to 485 cases once they have found I-140 have been revoked.

take for eg -
1> Applicant files for 485 with approved 140 from company A.
2> After 180 days, Applicant loses job or changes job with company A.
3> After 1 yr, IIO looks at his application, cross checks & finds the applicant does not work for company A or maybe company A revokes I-140.
4> The IIO denies the I-485 on basis of approved 140 being revoked.
So now with this "Memo or guidance", the IIO shd not deny the withdrawl or the applicant has a good case to Appeal.

This is my theory or the way I understand the word "memo/guidance".
Also, i don't if it is just me or anyone else who has observed lately revoking of I-140.
 
I agree with goastros


I remember sometime ago we had a discussion about AC21 & GC; and based on the posts it was sort of concluded that the AC21 (I485 +180 days) is more or less equivalent to the GC.

So as long as all the required docs are ok i.e Birth Cetificates, Tax Returns, FP's , Medical etc + 180 days have passed there should be no grounds of rejection.

Probably this is what the memo should address.

http://www.immigrationportal.com/showthread.php?s=&threadid=83873

we have waited for almost 700 days ...let us see if another 10-15 days brings "offical" good news !!!!!!!
 
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