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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.
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Guys, above are the original words.
I think Murthy was only referring to AC21 portability. That is, even if I-140 has been revoked, I-485 "should still be approved" after pending for 180 days.
I don't mean to spoil the party. But the question and answer above may have been misunderstood by many of us. The true meaning may be just to clear up AC21.
Therefore, the purported memo may just state that a revoked I-140 wouldn't affect I-485 after 180 days.
THE MEMO MAY HAVE NOTHING TO DO WITH GRANTING US INSTANT I-485 APPROVAL AT ALL. The only good it does is we won't have to worry about employer revoking I-140 any more. And that is it.
Sure, I would love to see myself wrong.
WAC 02-276-xxxxx
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.
********
Guys, above are the original words.
I think Murthy was only referring to AC21 portability. That is, even if I-140 has been revoked, I-485 "should still be approved" after pending for 180 days.
I don't mean to spoil the party. But the question and answer above may have been misunderstood by many of us. The true meaning may be just to clear up AC21.
Therefore, the purported memo may just state that a revoked I-140 wouldn't affect I-485 after 180 days.
THE MEMO MAY HAVE NOTHING TO DO WITH GRANTING US INSTANT I-485 APPROVAL AT ALL. The only good it does is we won't have to worry about employer revoking I-140 any more. And that is it.
Sure, I would love to see myself wrong.
WAC 02-276-xxxxx