To what extend, 245i affects us?

chwang

Registered Users (C)
Hi There,

We all know LIFE Act 245i. Most of us are kind of the victims of it. I wonder if those people on 245i will still be in the queue of I140 and I485 after SESA or DOL? It seems that they also need to apply I485...

I have waited my LC for about 14 months, still waiting. If they also need to file i485 or i140, I can not figure out how long I can get the end?

Maybe this is a silly question, but I really want to know the answer.

Thank you,

:confused:
 
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I am also doubted about whether those on 245i will use up the immigration quote or not? Whether they will make the PD not current ?

Thank you for your answer.
 
I am responding to your more detailed private message on this subject here due to the length of my response.

Q1. Are those applicants on 245i (LIFE act) still going to apply for I140 and I485?

A1. I don't know what they are intending to do (although if they get an approved LC and want a GC they must) and I know the number of frivolous LCs are much higher, so there probably will be a greater number of denials, and therefore fewer applicants will qualify to continue on. Yes, they are required to file an I-140 and an I-485 but there approvals are being spread out over a much longer period of time so it should not have as much effect.

Q2, Am I still going to wait for another long period to get my I140 or I485?

A2. You are going to have to wait as long as it takes. Processing times vary greatly from service center to service center and from time to time. Note that the vast majority of the LC backlog remaining from 241i motivated filings will need to have their I-140 and I-485 filed at VSC. VSC backlog is not currently too bad however. Again, this is subject to change.

Q3. Do they (on 245i) still use the immigration quota?

A3. Yes.

Q4. Do they have the potential to make PD not current?

A4. Yes, but it has not happened yet.

Q5. I am debating between I140/I485 concurrent filing and Consular Processing. Which one is better?

A5. Concurrent filing is too new for me to know much about it's relative benefits. The main problem I have with CP is that the applicability of AC21 is even more questionable and you never know when you may need to change employers, particularly in this economy. The beneifts and drawbacks of CP vs. AOS are very fact specific and which way to go depends on your situation and needs. You certainly need to consider the consulate that would be handling the CP, the security of your job, and the timne that you have remaining in your six year maximum stay in H-1 status.

Hope this helps
 
Thank you Jim

Great, this is really very helpful. Thank you, Jim.

Now it is more clear about the total processing time.


:)
 
All There

U want to see effect of 245(i)..check Labor appoval/processing rate in NY/NJ....It used to be current for atleast RIR cases before April 2001...And now..........

God Know what else can go wrong and how these cases of 245(i) will eventually change I-140/485 current status in future....
 
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