245(i) and I-485 Filing Help

[Visitor User 240]

Hello. The U.S Citizen mother (Physical presence in Texas, USA) filed an I-130 for her Overstayed Visa Son 21 and over unmarried (Physical presence In Texas, USA) through an Attorney. Priority date June 9th, 2011. It was approved on May 19th, 2014. Priority date is Current as of the May 2017 Visa Bulletin.

 

The beneficiary also had an Application for Alien Employment Certification paper work done employer (California) signature dated March 6th, 2001. Beneficiary Signature and date on March 11th, 2001 (Different Attorney). Form is ETA 750 A and B.

 

The problem is that the Attorney that filed the I-130 is asking for receipt date April 30th, 2001 or earlier. The Attorney that filed it back in 2001 has the ETA 750 says:

 

(Make no entry in section - for Government use only

Date Forms received

 

April 12th, 2001

 

Occ Code is filled.

Occ Title is filled.

It also says RSH/EDD on the left side.

A 4 digit code written.

 

Replaces MA 7-50A, B and C (April 1970 Edition which is obsolete).

 

Part B Page has a blank section in Endorsements. DATE REC DOL / O.T & C is Blank.

 

The attorney that filed Application for Alien Employment Certification in 2001 says: CA was not issuing acknowledgement notices like TX.  Forms with date stamp by the state agency are acceptable and says they have handled several successful cases like this with this sort of evidence.

 

Is the beneficiary able to file I-485 or is it the I-485 Supplemental A which has the 245(I) Grandfathered information with current evidence?

 

 

Edited April 22, 2017 by Visitor User

[Visitor User 240]

Dee elle: I can try to clarify. Ask me please.

[Penguin_ie 5,988]

How did the son get to the USA?

Did he work while here?

[Boiler 43,859]

Sounds like a hangover Amnesty issue. Not sure why the Employers petition is not current.

Edited April 23, 2017 by Boiler

[Visitor User 240]

At then child son came here with temporary tourist visa. Brother of beneficiary is also doing an affadavit to satisfy income requirements by showing last 3 years of tax returns. 

[Visitor User 240]

11 hours ago, Boiler said:

Sounds like a hangover Amnesty issue. Not sure why the Employers petition is not current.

According to May 2017 VB. It's current under F1. 

[Boiler 43,859]

But not EB3?

[Visitor User 240]

Not EB3.

[Visitor User 240]

Anyone?

[Visitor User 240]

Can anyone else suggest?

[Visitor User 240]

To prove that the applicant was here on December 21st, 2000.

I know about the documents that is accepted from the USCIS website.

Has anyone filed under 245(i) and got approved?

University transcript has just the courses listed and says Fall 2000 and then Spring 2001 but not exact dates. Would this be enough evidence?

Bank statements before and after dates of 12/21/2000? I wonder how close it has to be to 12/21/2000.

State ID says date but they are few years before 2000 and then says valid till a date after 2000.

What about W-2 and/or Federal/State return that has just the years 2000/2001?

[ybc 19]

i filed for AOS under 245i grandfathered under labor cert filed by now LPR father. got my ead/ap and now waiting for interview notice. it's a long wait in ny as well as across the states. 

[Visitor User 240]

On 6/5/2017 at 0:24 AM, ybc said:

i filed for AOS under 245i grandfathered under labor cert filed by now LPR father. got my ead/ap and now waiting for interview notice. it's a long wait in ny as well as across the states. 

What state was the Labor Cert?

[ybc 19]

On 6/8/2017 at 1:51 AM, Visitor User said:

What state was the Labor Cert?

approved before end of April 2001 NY or CT.

[Visitor User 240]

On 6/9/2017 at 0:56 AM, ybc said:

approved before end of April 2001 NY or CT.

Oh Ok. I am looking for someone who filed and got some kind of response before the deadline.