I 485 under 245I.

[Alexandre]

Here is my case:

I came to this country on 09/1999, as a tourist, my visa got expired, but fortunately I applied for my labor before april 2001 but on the same year the company that sponsor me went out of business and my labor never approved, but it still make eligible to change my status under 245I. I got my second labor approved on EB3Row skill worker on 02/2008.

I applied on december 2010 on my I 485 after everybody on forum said they going to be denied because your priority date is not 04/2001 it is 02/2008.

But till now they didn't denied yet, and on my I 485 receipt my priority date showing 04/2001. ( Pray's Power )

I got a RFE last week about form G325A (forgot to send it) and

$ 1000,00 penalty fees for 245I.(I didn't send because I was not sure if they will denied or not).

I already answered the RFE and the status change to evidence review I hope my petition going thought approval soon with my PD 2001.

Belle, pontvechio, attorney Murthy you guys believe they will approval and have visa number available for my case?

I'm praying a lot to Jesus help on this case, please don't forget to say, Jesus help him with approval I 485.

thanks

[Pokymon]

I applied labor in June 2001. My company also went out of business in 2003. I talked to the attorney and she told me that I would have grand fathered if labor was filed prior to April 2001. Again, it was my attorney's fault because they were dealing with 245i cases. One of my friends who came after me (1999) on visiting visa got green card about a year ago. I am here legally, paying taxes and still no EAD, AP, etc. My bad luck.

[Belle]

The atheist in me says the PD is 2008. 245i eligibility should be grandfathered if the LC was approvable, but it should not establish PD.

[Alexandre]

Thanks Belle

I will let you know my case process, maybe it will help a lot of people if they consider my Pd 2001 when I filed my first labor.

[Belle]

"maybe it will help a lot of people if they consider my Pd 2001 when I filed my first labor."

Help some people and hurt others. You are not adding any additional visas, you are just reshuffling the deck.

Well, anyway, you need an approved I-140 to establish your PD.

[Alexandre]

Hi Belle

I do have I 140 approved, but like I said the priority date on the

I 140 it is 02/2008 when I did my second labor and I used my first Lc petition (only) to try keep my priority date of 04/2001.

Let see what happened and I wish they will decide in my favor.

Belle I believe everybody who was here before 04/2001, had the chance to apply under 245I and I took mine.

Maybe I misunderstood when you said HURT OTHERS, but

I,m trying to use something that the law has benefited me in the past. I'm not hurting anyone!!!!

thanks and I really appreciate all your help and comments on the forum

[Alexandre]

Here is what the I 245I means:

A3. To be eligible, you must:

Be the beneficiary of a Form I-130 immigrant visa petition ("Petition for Alien Relative"), or Form I-140 immigrant visa petition ("Immigrant Petition for Alien Worker"), or Form I-360 ["Petition for an Amerasian Widow(er), or Special Immigrant], or Form I-526 ("Petition for an Alien Entrepreneur") filed with the INS on or before April 30, 2001, (either received by INS or, if mailed, postmarked on or before April 30, 2001) or

BE THE BENEFICIARY OF AN APPLICATION FOR LABOR CERTIFICATION FILED WITH DEPARTMENT OF LABOR (DOL) ACCORDING TO DOL RULES ON OR BEFORE APRIL 30, 2001, and

Also have been physically present in the United States on December 21, 2000, if the qualifying visa petition or labor certification application was filed after January 14, 1998.

[Belle]

"Belle I believe everybody who was here before 04/2001, had the chance to apply under 245I and I took mine. "

You mean, anyone could find an employer who would spend mucho money just to file an LC for someone who does not have a work authorization and status in this country knowing that this person may not work for them for years if not ever?

No, most people who wanted to have honest employment relationships could not do it. Let's be clear about it. You had some friend with a business apply for an LC for you, and you got the benefit, but not everyone was in the same position.

When I said "hurt others" and reshuffling the deck, I meant when some people move foward in line, it automatically results in some other people moving back in line. That's the people who are already in line being hurt.

[Pokymon]

Originally posted by Belle:

"Belle I believe everybody who was here before 04/2001, had the chance to apply under 245I and I took mine. "

You mean, anyone could find an employer who would spend mucho money just to file an LC for someone who does not have a work authorization and status in this country knowing that this person may not work for them for years if not ever?

No, most people who wanted to have honest employment relationships could not do it. Let's be clear about it. You had some friend with a business apply for an LC for you, and you got the benefit, but not everyone was in the same position.

When I said "hurt others" and reshuffling the deck, I meant when some people move foward in line, it automatically results in some other people moving back in line. That's the people who are already in line being hurt.

You have a valid point sir. That's what happens to most law abiding immigrants. I was told many years ago to use substitute labor to get GC sooner and I declined the offer. I have a real story about Sub LC. A desi company applied LC for its employee. Employee goes to native place and while he was there his LC approves. This LC sold for 15K to a guy who had no job for a year and got GC in 6 months. The other guy had to reapply again.

[Alexandre]

I perfect understand

thank you

Belle I realize I forgot to put last five years employment info on my RFE response (G325A) for me and for my wife, do you believe will result in Denied my petition because of it?

[Belle]

"Belle I realize I forgot to put last five years employment info on my RFE response (G325A) for me and for my wife, do you believe will result in Denied my petition because of it?"

Was employment authorized? In any case, you should just send another copy of G-325.