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  • I 485 Grandfathering

    Can anyone shed some light on this?

    Just before the 245i cut off date in April 2001, I filed a petition as a religious worker. This application was not followed up on by my attorney when additional information was requested and I am assuming that it was denied.

    My employer has since sponsored me as an engineering and a PERM application was filed. Assuming that approval is granted, I will then be filing an I 140 and I 485 simultaneously. Given the current priority dates under EB3, does any know if my I485 can be grandfathered into the original I130 petition? I would appreciate any information or guidance you can share? Thank you.

  • #2
    Can anyone shed some light on this?

    Just before the 245i cut off date in April 2001, I filed a petition as a religious worker. This application was not followed up on by my attorney when additional information was requested and I am assuming that it was denied.

    My employer has since sponsored me as an engineering and a PERM application was filed. Assuming that approval is granted, I will then be filing an I 140 and I 485 simultaneously. Given the current priority dates under EB3, does any know if my I485 can be grandfathered into the original I130 petition? I would appreciate any information or guidance you can share? Thank you.

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    • #3
      Just as a point of information (I'm not a lawyer), I've heard that the government is looking more closely at applications for religious workers because of fraud in the program, particularly because of links to terrorism. Sure hope yours was on the up-and-up.

      http://www.visalaw.com/04may2/2may204.html

      Comment


      • #4
        I appreciate the response, but the question was - Can my current I 485 be grandfathered into the 2001 petition I 130 and have a current priority date?

        Comment


        • #5
          If (and while) your original petition is pending, you can file any other petition and be grandfathered under 245(i).

          For instance, I-130 filed by USC on behalf of Philipino sibling before April, 2001 , would be pending for approx. twenty some years from date filed (under current CAP), and the beneficiary can , in the meantime, apply for I-485 under any other cathegory as long as other eligibility requirements are met.

          Regards,

          IE

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          • #6
            To my knowledge your I130 has to be approved in order for you to be grandfathered. How can you apply as a religious worker, and then as an engineer. This doesnt seem right to me, and might raise a flag with the USCIS. Talk to an lawyer and then follow it up with a second opinion.

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            • #7
              antivirus is wrong.

              Grandfathered under 245(i) = covered by provision, retroactively to the date of submission of original petition.

              It is common thing among 245(i) beneficiaries to adjust status under different petition after filing Labor Certification that was still pending the time of newly applied for adjustment, or to change jobs and file new labor certification, I-140/I-485 while original labor cert. pending, or to file as EB3 while I-130 for Philipino beneficiary/sibling of USC is still pending and etc.

              As long as petition filed prior to April, 2001 is pending, the person is still grandfathered and new petition can be filed and person doesn't lose the ability to adjust under provisions of 245(i).


              Regards,

              IE

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              • #8
                I am confused. First you talk about an I-360 petition and then you mention an I-130. Which is it? An I-360 that you think was denied or an I-130 petition. Antifascist did not give you all the information. If your petition was denied and denied for cause than you can not use it as a basis for grandfathering. First you need to find out what happened to your I-360 petition.

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                • #9
                  I NOTICED IT TOO!

                  PRO-FASCIST LIES WHEN SAYING "If (and while) your original petition is pending, you can file any other petition and be grandfathered under 245(i)".

                  WHAT A LIE !!! WHAT A ****HEAD !!!

                  THANK YOU, BRONZELADY, FOR UNEARTHING THIS GREAT TRUTH ABOUT YET ANOTHER ****STER SUPPORTER !!!

                  Comment


                  • #10
                    LieMaster, SunDevilUSA1, Antifascist1, LerkaR and ImmortalE is one person with five different IDs. He is using different IDs to post messages. Beware!

                    Comment


                    • #11
                      I made an error in my previous statement. Here is the correction:

                      Just before the 245i cut off date in April 2001, a petition (I 360) as a religious worker was filed on my behalf. Due to some clerical sloppiness by my attorney, this application was not followed up on when additional supporting information was requested. I am assuming that this case was eventually denied because I never received any other correspondence from CIS.

                      My employer has since sponsored me as an project engineer and a PERM application was filed. Assuming that approval is granted, I will then be filing an I 140 and I 485 simultaneously. Given the current priority dates under EB3, does any know if my I485 can be grandfathered into the original I 360 petition? If so, does this mean that I would have a priority date of April 2001? I would appreciate any information or guidance you can share? Thank you.

                      Comment


                      • #12
                        HenryS, I am exactly the same boat as you. It is important that you know what happened to your previous petition if it was denied or still pending . If it was denied, the adjudicating officer is required to look if it was approvable when filed. if it was denied because of change of circumstances beyond your control you're grandfathered but if it was denied because of it's merit , no basis or you're not eligible ,then you're not grandfathered. It's the same if it's still pending, they'll look if the pending case has merit and is approvable.

                        But in your account, you just didn't responded to RFE's and it is within your control then most likely you won't be grandfathered if it was already denied.

                        Although if you really have a good lawyer, you can probably argue that your initial petition was apprrovable when filed because on face value it has merit, it was not frivolous, it was properly filed on time and the fact that it was accepted validates this. But it's complex and it's not a slam-dunk case. And there's a channce you could lose.

                        So what can you do? It depends on what risk you can take. The good side is you can still go ahead and file a new petition and have the previous petititon serve as the basis for grandfathering, maybe get a work permit,good job and if the gods are nice you might get approved who knows?

                        But on the bad side, you're case will invite increase scrutiny and eventually be denied. You'll be put in removal proceedings if you're not in lawful status and maybe receive a deportation order. And if you are ordered deported you won't be able to avail the immigration reform that's looming in congress because of kyle's ammendment and it would **** big time.

                        So my advice is hold on that petition for now and watch how the immigration reform unfolds. If there's a chance it will pass , just wait for it then participate on it. If it collapses then you can go ahead and do what you want to do. Remember patience is a virtue.

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                        • #13
                          My PERM application was approved today and I will be filing the I 140 application. Does anyone know how long this takes for approval? I will be filing in Newark, NJ. Thanks.

                          Comment


                          • #14
                            You need to find out WHAT happened to your initial petition which was filed prior to April,2001.
                            If it was denied - then you can't file I-140/I-485 and benefit from Section 245(i).
                            If it's still pending and was approvable at the time of filing, then go ahead with PERM and I-140.

                            Good Luck,
                            IE

                            Comment


                            • #15
                              antifascist, try to comment on my case. i'm an RN and I filed an 140 on apr 2001 but it got denied because i didnt have an RN license at state of employment although I had a license in a different state and a board passer at that time. Do you think the initial petition will still serve to grandfather me? I have tons of sponsors waiting but I just can't decide if i'll pursue a greencard because I might get deported if it gets denied.

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