| Author | Topic:
help me on 245 I | Renatolemos
Member | 
posted
October 29, 2009 05:52 PM 
 
Hi I apllied on 245 (I) on april 2001 but after that the company who aplied for me went out of business, than after 6 years I re aplied again because someone said I still have previleges on 245 (I) than I aplied with another company on 02/21/2008 after that I was selected for audit process I give all the information they asking for and I submited all docs again on time but the labor denied my process and said I did'nt sent the audit answer on time, but I did sent everything by due date, I have agree with my attorney to appeal the decision and my process went back to in process status on may 2008, after that I never receive any information from then and today has already past 17 months
Anyone here know how long time take to than give some information it is that normal?
each month they are processing right now?
I know they are behind the schedule mut anobodu know that information
Sometimes I felt my attorney it is little be lasy
that why I need some idea from somebody else
Please help with any information
Thanks
Renato
Posts:
3 | Registered: October 01, 2009 |
| redgreenbluee
Member |
posted
October 30, 2009 06:53 AM
please consult a lawyer.
according to icert site, current (as of 9/2009) PERM processing time for audit cases is 10/2007 and your PD is 2/2008.
[QUOTE]Originally posted by Renatolemos:
Hi I apllied on 245 (I) on april 2001 but after that the company who aplied for me went out of business, than after 6 years I re aplied again because someone said I still have previleges on 245 (I) than I aplied with another company on 02/21/2008 after that I was selected for audit process I give all the information they asking for and I submited all docs again on time but the labor denied my process and said I did'nt sent the audit answer on time, but I did sent everything by due date, I have agree with my attorney to appeal the decision and my process went back to in process status on may 2008, after that I never receive any information from then and today has already past 17 months
Anyone here know how long time take to than give some information it is that normal?
each month they are processing right now?
I know they are behind the schedule mut anobodu know that information
Sometimes I felt my attorney it is little be lasy
that why I need some idea from somebody else
Please help with any information
Thanks
Renato[/QUOTE]
Posts:
447 | Registered: February 27, 2009 |
| Attorney_19
Attorney |
posted
November 15, 2009 07:07 AM
As long as one had a labor certification filed on one's behalf on or before April 30, 2001 and one was physically present in the United States on December 21, 2000, one can still qualify for adjustment of status under section 245(i).
If the company went out of businesss before the I-140 and I-485 were filed, then the applicant will need sponsorship from a new company, i.e. a new labor certification and new I-140 petition. One must wait for the new priority date to become current since the there was not a previous approved I-140 petition. (Note: A prior approved I-140 allows one to retain that ealier priority date.) Nevertheless, the 245(i) eligibility still carries from the old 2001 labor certification.
Posts:
682 | Registered: June 12, 2006 |
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