ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


中文移民日报




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 3 123 LastLast
Results 1 to 10 of 22

Thread: I 485 Grandfathering

  1. #1
    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. #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.

  3. #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

  4. #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?

  5. #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

  6. #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.

  7. #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

  8. #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.

  9. #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 !!!

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

Similar Threads

  1. Replies: 2
    Last Post: 04-06-2008, 05:17 AM
  2. New Waiver for Permanent Bars 212(a)(9)(C) for aliens grandfathering 245(i)
    By alibabaforty333 in forum Immigration Discussion
    Replies: 3
    Last Post: 05-18-2006, 08:58 PM
  3. I-485 Update : I-140 Approvals Await I-485 Adjudication
    By E. in forum Immigration Discussion
    Replies: 1
    Last Post: 08-04-2004, 12:50 PM
  4. I was denied Grandfathering under 245
    By in forum Immigration Discussion
    Replies: 11
    Last Post: 08-18-2003, 05:04 PM
  5. denied 1-485, filed I-140 and I-485
    By in forum Immigration Discussion
    Replies: 1
    Last Post: 12-24-2002, 06:37 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: