On Tuesday, a new policy kicks in - Page 3

justgreened · 09-17-2018, 04:46 PM

Quote:

Originally Posted by Gocchin Sama

I asked my company (big 4 accounting) to sponsor me for GC through PERM by leveraging off my 245(i) more than 4 years ago. At the time they told me to wait 3 years before they would consider as per firm policy. Last week, they finally came back with the following response:

Why won't the i485 be approved? That is the last step for your GC. Is it because of your 245i? If there's nothing wrong with the employment petition there's no need to worry IMO.

Gocchin Sama · 05:16 PM

I got the 245i through my mother when she attempted to apply through employment-based petition way back then. It was denied due to her former employer's financials. Here is what my firm's lawyer wrote:

Quote:

In order for your I-485 to be successful under Section 245(i), we would need to show that your mother’s I-140 was approvable when filed. Although approvable and approved do not have the same meaning, the fact that your mother’s I-140 was denied is problematic. Specifically, the fact that it was denied because the petitioning company could not show that it could pay her is an issue. If the petitioning company could not convince USCIS, with access to their own financial information, it is doubtful that we could do 15+ years later, without this access.

I honestly don't think it would be an issue though. Don't people rely on 245i to adjust status through other means because of the denial of their original case? If the original case was approved, why would we even need 245i? My parents themselves are relying on the 245i from that same case for family-based gc through my aunt. (I-130 approved. Currently waiting for visa number for I-485) According to my firm lawyer's logic, the outcome of their case would be problematic too?

The bottom line is, my employer would be willing to attempt petitioning for me if we were under a different administration.

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On Tuesday, a new policy kicks in - Page 3