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  • #16
    I will try to answer your origional question is simple way.
    You can file it but when it comes to adjustment of status, You would have filed I 864W because you are in US may have paid taxes for 40 qtrs, and eligible for Waiver of I-864 requirement but because you filed Bankcruptcy, ( prior to adjustment) you will be asked for co-sponsor, USCIS Standard operation procedure , in case of Adjustment. You didnot get answer from your Attorney because most of the Attorney didn't know the answer. they never go to flow diagram of Adjustment of status that changes time to time.
    Its a discussion, not a legal advise..


    • #17
      Thanks Mohan for your info.Actually I started paying my Taxes from the year 2000 3rd quarter.also Idid not get your point.Its not me who filed bankruptsy,but my employer.I appreciate your further advise


      • #18
        Thsi Message if for Rough Neighbor.I checked the copy of my Form 9089/perm application) and I found that he has filled 'NO in the first field of the original application.You think that will make a difference to my case.If so is it too late to correct it? I still did not contact my attorney.
        Please advise.I really appreciate


        • #19
          (Whatever I'm going to say is based on my basic understanding of the process, just for exchange of ideas on this public forum, nothing more. Your attorney has the final "say" on the subject).

          The NO answer to the first question on Form 9089 can no longer be corrected after your PERM application has been filed online. If a correction is required, it has to be withdrawn and refiled electronically with the revision (requesting an April 2001 priority date) as long as no decision has been made yet by the DOL.

          But withdrawal and refiling is only reasonable if the time frame is still within 180 days using as "foot of reference" the first day of your first advertisement method, counting the days onwards, so that you don't have to re-advertise all over again.

          Now, granting that the timing is still good. The question is: is it worth the effort to try it? In my opinion, yes, very much so. Why?

          Because if the DOL didn't agree, they would just use the current date as your priority date and it won't affect your application. But what if they agreed? This means that you could file an I-485 right away because from whatever country you're from, the February Visa Bulletin priority dates for EB-3 are all beyond April 2001.

          And I've seen a number of cases where attorneys have done the same thing that are successful.

          You just have to pay the additional $1000.00 penalty if you failed to maintain your nonimmigrant status.

          (I repeat, this is just an opinion - take it or leave it).


          • #20
            Thanks a lot RN.I am going to work on this right away with my attorney.I will keep you posted.Once again I really thank you for your time and assistance


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