Murthy Chat : July 07, 2003 is published

T

Tasse

Registered Users (C)
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.
 
I would like to be jumping in joy but I'm gonna wait and see on friday. It would be a great birthday present I'll say ;)
 
Ok if you read that chat fully,

Chat User : Is it true that the regulations for AC21 will come out this September? Thank you for the great service.

Attorney Murthy : At the AILA Annual Conference in New Orleans in June 2003, we were told not to expect any regulations anytime soon since there are too many agencies involved in the regulations process. We now have the following federal government agencies involved with immigration-related laws and functions: DHS, BCIS, CBP, ICE, U.S. Department of State, and the Department of Justice. The Department of Labor, on the other hand, has promised to release final regulations on the PERM by October 1, 2003. Let us wait and see what happens!

.... and .....

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.
.....................

Maybe the above statement isn't about AC21 afterall .. and we really just might get lucky !!?? :confused: :confused:
 
From the same chat:

"Chat User : Is it true that the regulations for AC21 will come out this September? Thank you for the great service.

Attorney Murthy : At the AILA Annual Conference in New Orleans in June 2003, we were told not to expect any regulations anytime soon since there are too many agencies involved in the regulations process. We now have the following federal government agencies involved with immigration-related laws and functions: DHS, BCIS, CBP, ICE, U.S. Department of State, and the Department of Justice"

Why do we need regulation if it will be "approval after 180 days" rule? It's strange.
 
It's an urban legend

Guys, listen to an experienced person - it won't happen.

I remember the days when I was in the army. All soldiers in all units were talking of the "term shortening" - it was just a question of who gets to go home earlier. "Class of July gets out in May. Class of September gets out in June...." Of course, I got out exactly 365 days after I joined. Officers were talking of "everyone getting a promotion a year earlier". The whores in front of the barracks were talking "of being honest women".

This is a case of a typical urban legend: Someone invents a story, checked by a credible source (Murthy) and spreads it to vulnerable people. There are several classes of vulnerables, usually members of large social groups with no control over their circuimstances (prisoners, soldiers, students, retirees, minimum wage workers and GC waiters). These people are very susceptible to news about things which affect their lives and about which they cannot do a damn thing.

Please be careful before believing any of this - a chat item on the Internet even be it with "Murthy" does not mean that it's a credible thing. Attorneys do not work for us, they work for themselves.

Let me put it bluntly - fools will always want to believe in something.
 
My understanding is that I-485 may not be denied after 180 days even though the employer revokes the approved I-140 petition.
 
Approvable does not mean will get approved !

I read the message the following way.
After 180 days on a I485 filed based on an approved I140 shall get approved barring the normal security and backlog issues. Which means that they will not look at your employment scenario when approving the case as long as you stayed in legal employment with the 485 filing company for the 180 days.

The reason why I said there will not be auto approval is based on the fact that applications (allegedly) are held on Security check delays. Which will not change overnight. This Memo will be more to address the descripencies that have been observed between the service centers where in some officers are rejecting cases based on the 180 day rule. This will level set all these officers and have a uniform policy. Since Ms Murthy is so confident about this I bet this memo will be out soon.
 
Last edited by a moderator:
Originally posted by Tasse
[
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.
Click to expand...

Who is Efren Hernandez????

Does he have the authorithy to promise anything?

Why did he only promise Murthy?? What about other lawyers, I havent' heard anything from my lawyer or any other lawyer.
 
Originally posted by Tasse
From the same chat:

"Chat User : Is it true that the regulations for AC21 will come out this September? Thank you for the great service.

Attorney Murthy : At the AILA Annual Conference in New Orleans in June 2003, we were told not to expect any regulations anytime soon since there are too many agencies involved in the regulations process. We now have the following federal government agencies involved with immigration-related laws and functions: DHS, BCIS, CBP, ICE, U.S. Department of State, and the Department of Justice"

Why do we need regulation if it will be "approval after 180 days" rule? It's strange.
Click to expand...

Good point Tasse. But then again, Murthy said not to expect such a regulation (anytime soon).
 
No Murhty isn't my Lawyer, But anyway I have sent an email to my lawyer.

I got this from a very reliable source? Can u tell me if this makes any sense? Have u heard about this?

"BCIS will release 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"
 
Mya be related to AC21

May be murthy is refering to AC21 180 rule Cases.
May be BCIS will not create problems( Should be approved may not mean they must be approved after 180 days) to AC21 cases if they have 140 approved and 180 days are passed.

If everyone is approved after 180 days that will be news of the century.
 
dont read too much into this.

It only means that your case will be considered after 180 days even if you dont satisfy the employment requirements. There is no way in hell that they would approve without all the statutory checks that they implemented post 9/11.

In other words, Murthy is right. But it isnt exactly the news of the century (more like news of the month).
 
Originally posted by MygcWaiter
No Murhty isn't my Lawyer, But anyway I have sent an email to my lawyer.

I got this from a very reliable source? Can u tell me if this makes any sense? Have u heard about this?

"BCIS will release 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"
Click to expand...

gcWaiter .. whats your source? Is it different than Murthy?
 
1. He promised me that the BCIS will release such a memo by this Friday, July 11, 2003.


2. I expect something to be released in about a week or two.

I am not able to decipher the time difference between these two lines. One says Friday July 11 and the second line says about a week or two.

Can someone throw some light please . Let us just not get excited with ""July 11"" plzzzzz.
 
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