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  • Is it possible?

    Hi guys,

    Hope you can help. My friend came to the USA in 1998. His brother, a US citizen, filled out I-130 in April 2001. The petition was received by USCIS on April 21, 2001 but the notice date is July 2001. Petition has not been approved yet.

    And there are 2 questions:
    1. Is my friend under 245(i)? He called I-800 number and he was said that he is not covered by 245(i) because the notice date is July, 2001 and that is the date when the case was submitted to the immigration computer. They do not take care when the I-130 was received by the mail-room. Is this correct?

    2. Can my friend be sponsored by his boss now? It means is it possible to use the family petition's PD to start PERM now? His boss is willing to help him if it is legal and possible, of course.

    Thank you for help.

  • #2
    Hi guys,

    Hope you can help. My friend came to the USA in 1998. His brother, a US citizen, filled out I-130 in April 2001. The petition was received by USCIS on April 21, 2001 but the notice date is July 2001. Petition has not been approved yet.

    And there are 2 questions:
    1. Is my friend under 245(i)? He called I-800 number and he was said that he is not covered by 245(i) because the notice date is July, 2001 and that is the date when the case was submitted to the immigration computer. They do not take care when the I-130 was received by the mail-room. Is this correct?

    2. Can my friend be sponsored by his boss now? It means is it possible to use the family petition's PD to start PERM now? His boss is willing to help him if it is legal and possible, of course.

    Thank you for help.

    Comment


    • #3
      Hi Kira1,

      To the best of my understanding, your friend should be covered by 245(i). What kind of proof he has that the petition was submitted on time?

      Comment


      • #4
        It goes by "Received Date" .

        Good Luck,

        IE

        Comment


        • #5
          Thanks aneri, thanks Antifascist1

          We called the USCIS, they gave us the receipt number, they also gave us the date when the application was received, and the notice date. My friend's brother did not receive any receipt notice from the USCIS so just in case we called three times and every time the same information was provided.

          Does anyone know if it is possible to 'switch' the sponsorship - it means to be sponsored now by the company if the family petition was submitted not an EB petition?

          Thank you once again.

          Comment


          • #6
            If applicant is grandfathered by 245 (i), then any other Immigrant Petition (for which applicant is eligible on merits) can later be filed and AOS would be authorised under 245(i).


            Good Luck,

            IE

            Comment


            • #7
              Thank you Antifascst1

              Does my friend need to mention in the PERM application that the application was submitted in April 2001?

              Comment

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