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  • 245-I grand-fathered

    Somebody told me that after a lost 245-I green card case I can still file for a brand new green card under 245-I umbrella for a new employer - so called 245-I grand-fathered?

    Is that true or a bullshit ?!?

  • #2
    Somebody told me that after a lost 245-I green card case I can still file for a brand new green card under 245-I umbrella for a new employer - so called 245-I grand-fathered?

    Is that true or a bullshit ?!?

    Comment


    • #3
      That is true. To be grandfathered under sec. 245(i), the petition must have been "approvable when it was filed." So even though your petition was later denied, in my view, you are still grandfathered under 245(i).

      Comment


      • #4
        Lawyers do not agree with each other.

        My employer filed for a green card in 1996 under 245(I) and my green card was denied in 2002.
        Some lawyers and Jessy (see post above) say that I am grandfathered under 245(i) and I can get a green card through employment.
        Other lawyers like info@myronmorales.com deny it absolutly saying "Your best bet is to appeal this denial and keep the case open by
        submitting additional or new evidence. Otherwise, the decision in your case is final and it is dead. Thus, you would not be grandfathered. You would need to wait until
        245(i) is reinstated by the Congress."

        Am I still grandfathered under 245(i) or not ????????????????????????????????????
        under
        245(i). You would need to wait until 245(i) is reinstated by the
        Congress.

        Comment


        • #5
          Lawyers do not agree with each other.

          My employer filed for a green card in 1996 under 245(I) and my green card was denied in 2002.
          Some lawyers and Jessy (see post above) say that I am grandfathered under 245(i) and I can get a green card through employment.
          Other lawyers like info@myronmorales.com deny it absolutly saying "Your best bet is to appeal this denial and keep the case open by
          submitting additional or new evidence. Otherwise, the decision in your case is final and it is dead. Thus, you would not be grandfathered. You would need to wait until 245(i) is reinstated by the Congress."

          Am I still grandfathered under
          245(i) ????????????????? ???????????????????.

          Comment


          • #6
            Lawyers do not agree with each other.

            My employer filed for a green card in 1996 under 245(I) and my green card was denied in 2002.
            Some lawyers and Jessy (see post above) say that I am grandfathered under 245(i) and I can get a green card through employment.
            Other lawyers like info@myronmorales.com deny it absolutly saying "Your best bet is to appeal this denial and keep the case open by
            submitting additional or new evidence. Otherwise, the decision in your case is final and it is dead. Thus, you would not be grandfathered. You would need to wait until 245(i) is reinstated by the Congress."

            Am I still grandfathered under
            245(i) ????????????????? ???????????????????.

            Comment


            • #7
              http://www.bcis.gov/graphics/service...tm#anchor16246

              Petitions that have been denied or withdrawn, or for which approval has been revoked by INS, may still serve to grandfather the alien beneficiary, depending on the reasons for the final action. The determinative issue is whether a visa petition is approvable when filed. To remain eligible, the changed circumstances must relate to factors beyond the alien's control rather than to the merits of the petition at the time of filing.

              In the event that an employer applicant for a labor certification or petitioner for employment-based permanent residence dies, goes out of business, or otherwise chooses to withdraw or becomes ineligible to maintain the application or petition, or the family member who filed the petition dies or is divorced from the beneficiary, the alien beneficiary does not necessarily lose grandfathered11 status.

              Comment


              • #8
                Lawyers do not agree with each other.

                My employer filed for a green card in 1996 under 245(I) and my green card was denied in 2002.
                Some lawyers and Jessy (see post above) say that I am grandfathered under 245(i) and I can get a green card through employment.
                Other lawyers like info@myronmorales.com deny it absolutly saying "Your best bet is to appeal this denial and keep the case open by
                submitting additional or new evidence. Otherwise, the decision in your case is final and it is dead. Thus, you would not be grandfathered. You would need to wait until 245(i) is reinstated by the Congress."

                Am I still grandfathered under
                245(i) ????????????????? ???????????????????.

                Comment


                • #9
                  posted June 22, 2003 10:10 PM
                  Lawyers do not agree with each other.

                  My employer filed for a green card in 1996 under 245(I) and my green card was denied in 2002.
                  Some lawyers and Jessy (see post above) say that I am grandfathered under 245(i) and I can get a green card through employment.
                  Other lawyers like info@myronmorales.com deny it absolutly saying "Your best bet is to appeal this denial and keep the case open by
                  submitting additional or new evidence. Otherwise, the decision in your case is final and it is dead. Thus, you would not be grandfathered. You would need to wait until 245(i) is reinstated by the Congress."

                  Am I still grandfathered under
                  245(i) ????????????????? ???????????????????.

                  Comment


                  • #10
                    The BCIS?INS hot-lined has told me that as long as I have any documents conforming my denied GC petition was filed timely I am 245(i) grandfathered and I could get a GC if I find a new sponsor. Is that true remaining in unlawfull status I can apply for a new GC?

                    Comment


                    • #11
                      the lawyers are saying the truth but both the lawyers have less information regarding your case.
                      As per Jessy its true that you are grand fathered if you have petitioned while 245 i was instateed and you filed approvable petition.
                      even its denied you are still grandfathered. You can still appeal, motion etc Your petition is not dead its denied( two different things)

                      MMorales said. you should keep petition alive to be grandfather which is true too. your petition will only dieif the petitioner died. this is not apply to you. you can have other problems ex: if you losse the time for appeal your case will not be open and you will not be adjusted.
                      To utilized the grandfathered eligiblity your case has to be alive. Lets say if you want to file another petition it will be treated as new petition if your old petition is not alive.
                      I guess I made it clear.

                      Comment


                      • #12
                        My motion to reopen was transferred to AAO in Washington (was transferred to an appeal).
                        Is it still alive?
                        Can I apply for AOS/EAD while an appeal is pending with AAO and the petition is dead?
                        Did you mean I am 245(i) grandfathered as long my petition is alive?
                        Can I file a new petition for a new employer?
                        What if after filing the second petition the first dies?

                        Comment


                        • #13
                          My motion to reopen was transferred to AAO in Washington (was transferred to an appeal).
                          Is my petition still alive?
                          Can I apply for AOS/EAD while an appeal is pending with AAO and the petition has been denied?
                          Did you mean I am 245(i) grandfathered as long my petition is alive?
                          Can I file a new petition for a new employer?
                          What if after filing the second petition the first dies?

                          Comment


                          • #14
                            deport illegal aliens

                            Comment


                            • #15
                              You didnot understand what I said. I will try to explain another way.
                              you have morion to reopen pending, you will not be allowed for EAD OR AOS unless appeal is granted and case is remanded. if your appeal is granted then you can couple second petition with granted motion( means once your case is remanded back you can ask for adjustment based on new petition) you are gradfathered and using your option. if your case is not open you can still have petition (new) approved but you will not be able to use grandfather option.
                              Yes you can file New Petition with new Employer, You must.
                              you can have more then one I-140 approved but you cannot adjust unless you are grandfathered.
                              to overcome this problem you have to motion same case. if allowed you can adjust on the new I 140.

                              Comment

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