new development from BCIS accdg. to Murthy

honestly,

there are a few threads in this forum. one thread that says there will no movement in i-485 until october of 2003. second, a thread that says that bcis "missed" a few cases before nov 2001, and hence they are in a audit mode.

and now this. somehow, i tend believe this has got to do more with ac21 than anything else. if i-140 has been approved and i-485 has been pending for more than 180 days, one can use ac21 safely with out any risk.

on the other hand....hurray my approval is near :) and yes, there finally is a god.

and no i am not related to any one else on this board. thank you very much. :)
 
My 2c on this topic...

Here are two things on this topic...

1) If I-485 is pending for more than 180 days after I-140 approval then it will be immediately approved.

2) If I-485 is pending for more than 180 days after I-140 approval and because of some reason the employer revokes I-140 then still the AOS will be approved (may not be immediately but some time in future but atleast I-1485 will not be denied on basis I-140 revocation). Please note that I-485 can be denied based on some other facts though!

Item #1 is too good to be true and if some one is expecting this to be true then they are expecting too much and one should read between lines to get the facts. In my openion it is not true.

Item #2: I think this is the case. Since the begning, most of the legal community were interpreting the law as in Item #2 but still we saw couple of I-485 denials in the recent past based on I-140 revocation. So probably by Friday we will see some clarification on this topic.

- PCee
 
PCEE
based on Murthy transcript the way i interpreet is that they HAVE to adjudicate it. Meaning they dont have to do it immidietly but pending all the security checks and all the crap
 
damn I'd be happy if all folks < JIT get automatic approvals .. I don't see even that happening.
 
I think we are overanalyzing this to death guys :) and since we are let me add my over analysis :):

Murthy's statement doesn't change the current status of things. There is tons of cases that are backlogged that are over 180 days heck over a year & 1/2 or so. Those cases have priority and once they are done with that it will be our turn which will put us at the time frame BCIS have stated a earlier - October or so....
 
Everyones adding their interpretation. So, why not me :)

It probably means, no EAD required no AC21 required and no RFEs. RD > 180 days == as good as GC approved. But not approved in the real sense of stamping & plastic card.
 
Questions on I485 movement, processing order etc?

among all the excitement for the 'news' on 11th, some questions for the more experienced folks out there:

1. I have wac-02-223-5xxxx (EB1b-OR) for 485 and with project-kashmir stats i see several approved cases (1-3%) for most of the dates in the wac-02-2xx- range. Were these cases taken up out of order or reassigned WAC-02-xxx numbers but are really older applications? My fingerprinting was in aug-02 and "results were received on aug-27 '02 and processing resumed" has been the status on the BCIS online query since then. Is there a chance my case may be taken up out of order?

2. With the recent activity for nov/dec-01 cases, is it a fair assumption that my case will come up in approximately 5 more months? At least 2 local lawyers tell me that INS works in bursts and may clear the 6 months queue in about 2 months of work because they will put on H*, I140 and other staff on reducing the 485 backlog if the other categories are in line with other processing centers. And that they will slow down 485 processing once the delay on decisions is about 12 months.

3. After receiving 485 approval and GC, is there an obligation to notify the BCIS of job changes? (there is a chance my employment may change in 12-16 months from now).

thx all.
 
Re: Questions on I485 movement, processing order etc?

Originally posted by rohit926
among all the excitement for the 'news' on 11th, some questions for the more experienced folks out there:

1. I have wac-02-223-5xxxx (EB1b-OR) for 485 and with project-kashmir stats i see several approved cases (1-3%) for most of the dates in the wac-02-2xx- range. Were these cases taken up out of order or reassigned WAC-02-xxx numbers but are really older applications? My fingerprinting was in aug-02 and "results were received on aug-27 '02 and processing resumed" has been the status on the BCIS online query since then. Is there a chance my case may be taken up out of order?

2. With the recent activity for nov/dec-01 cases, is it a fair assumption that my case will come up in approximately 5 more months? At least 2 local lawyers tell me that INS works in bursts and may clear the 6 months queue in about 2 months of work because they will put on H*, I140 and other staff on reducing the 485 backlog if the other categories are in line with other processing centers. And that they will slow down 485 processing once the delay on decisions is about 12 months.

3. After receiving 485 approval and GC, is there an obligation to notify the BCIS of job changes? (there is a chance my employment may change in 12-16 months from now).

thx all.
Click to expand...

#1, NO, INS's explanation is, they wanted to study expiring FP patterns, I think thats horseshit. The lawyers are right, it's just a question of when the burst comes, though the backlog is so huge that 2 months is not gonna cut it .. we need a more powerful burst.
#2. No. But address changes yes.
 
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.
 
dumbo

dumbo,
That statement was said by "EFREN". And I don't know whether you are aware of government terms.

You come to know about it. What governement says(about period and when does it comes out).

:D
 
I think he meant -
the first one (time) is "what the govt. says" and the second one is "when the memo actually comes out"
 
Here is more information on this topic,

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.
 
Question remains on already rejected applications

How about futue one's. Is it safe to assume there will be no more denials with sole reason that I-140 is revoked?
 
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