Re: 245(I) question "grandfathered derivate beneficiary alien"
 

This thread is very beneficial.

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

My interview was scheduled on 1/18/19. I’ve had one RFIE and that was for birth certificate with English translation. I know the beneficiary can get another RFIE/RFE at any stage until a decision is made.

Are my chances of another RFIE/RFE lower now?

Also, do I need my mother’s birth certificate since she was the petitioner? I-130 was approved.

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

As long as anything needs clarifying you maybe get an RFE but they usually try their hardest to avoid issuing more than one.

Since I-130 was already approved then USCIS operates under a presumption that your family relationship exists and your mother is a USC or LPR.

They wanted your birth certificate because I-485 requires it, they do not doubt that you two are related or anything.

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

Great. Thanks.

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

Any more experiences for EB3 with 245i.

I think I might have finally found an employer that would sponsor me.

Timeframe?

What category of EB3 does it really matter?

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

Probably around 6 months for the PERM. After that's done you can concurrently file I-485/I-485A/I-765 with I-140.

The subcategory of EB3 doesn't matter unless you're from China because there "Other Worker" is backlogged more than regular EB-3 there.

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

and timeframe for i485?

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

You can get an employment sponsor while being EWI/Overstay in USA assuming grandfathered under 245i?

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

This depends on your Field Office.

Re: 245(I) question "grandfathered derivate beneficiary alien"
 

Hard to say, it depends mainly on the field office. Since you are adjusting under 245(i), you have to be interviewed.