Grandfathering Benefits of 245i

[DREAM Act Advocate]

Has anyone been able to be grandfathered under 245i and applied for labor certification? It would help me out a lot to know there are people out there who have been able to do so!

[djones9714]

I don't understand your question. In order to be grandfathered under 245(i), either a relative petition or a labor certification must have already been filed prior to the last deadline of 4/30/2001.

[Laura]

Dream Act - I don't think there is anyone around here who has done that. Right now this forum is primarily about family-based immigration, but I think everyone would agree that if there was a way to fix your situation through an employment-based petition that would be great information for everyone to know. Have you consulted any attorneys? I'm just curious what any have said.

[DREAM Act Advocate]

I have consulted four attorneys. At the moment I am about to head to the gym but I will post that information here and at my blog :).

[CIR_clone]

My brother has a nursing degree and is in the process of using 245(i). A medical recruiter is searching for a sponsor and once he gets a sponsor (and applies), he can adjust his status. From what I gather, he's using a I-485 and using an adjustment of status form, I think. Right now, though, there's an EB 3 backlog and he can't apply yet. Hopefully, Congress will allocate recaptured visas for nurses soon.

But he's in nursing and can skip the Department of Labor process. What that means is that for the rest of us, DOL will make your employer advertise the specified job opening for a set period of time. If no qualified American applies, the DOL approves your application. But if one does come forward, we're out of luck and have to keep looking. Lawyers can help you out as I think they work with the employer who wants to sponsor.

[CIR_clone]

Oh right, I forgot. My brother has a nursing degree but doesn't have a nursing license yet because he needs a social security number to be able to get one. Once the application goes through and receives his green card, he can go ahead and get his license. He needs the license before he can work in the hospital.

I dont know if you need a social security number to get a teaching license, but the process should be similar. Remember, though, he is in nursing and doesn't have to go through the DOL process. He can pretty much get his license in a few weeks to a month, and the only thing holding him back is the EB 3 backlog.

For us, we have to wait on DOL. That will make things a bit longer as we are not on the fast track. Here are the hurdles, we have to go through:

1. Find a sponsor

2. EB 2 category - has to be current

3. DOL process - advertisement and applying and stuff

4. green card!

5. licensing

[DREAM Act Advocate]

The licensing part will be difficult.

For now I just need to wait and see if I get into my school. I will know by the middle of December... I am very excited.

[MendozaQH]

Dream act advocate, do you have a petition that was filed before April of 2001 and has since been approved? This petition can be for an I-130 (relative petition) or an I-140 (labor petition). The only way you can be eligible for 245i is if you have that petition filed before April 2001 as explained by djones.

For example, my sister in law filed an I-140 with her employer in March of 2001. In April of 2001 they received the petition and later it was approved. She just recently submitted all the paperwork for AOS under 245i without leaving the country. Another example, my other sister in law has an I-130 petition that was filed in 1994 with my father in law who is a permanent resident. Once there is a visa available for her (they are currently working on March 1992), then she will also be able to do AOS under 245i.

[DREAM Act Advocate]

The case is that my aunt petitioned my mother before April 2001 for adjustment of status but she has to wait until a visa becomes available.

Because my mother put me as a dependent on the I-130, I have been told by lawyers that I am able to adjust status because of the grandfathering benefits. One benefit of that could be sponsorship by an employer.

[MendozaQH]

Okay, I see. Have you found a sponsor yet? What area of work do you do?

[DREAM Act Advocate]

Well right now I am about to graduate from college. I need a MA first before finding a sponsor because the EB2 visas take a shorter time as long as they are current of course. I want to go into education... high school teacher.

[MaverickLal101]

I am a grandfathered alien with a Master's Degree...

Find sponsors? :blush::blush: I don't know anyone who can hire me knowing my situation ....

[djones9714]

Master's Degree in what field?

[MaverickLal101]

Master's Degree in what field?

International Relations

[DREAM Act Advocate]

Well to find a sponsor requires you to get your name out there somehow... i.e. networking. But even before that, what jobs are out there that would require a MA in International Relations?

[MaverickLal101]

Well to find a sponsor requires you to get your name out there somehow... i.e. networking. But even before that, what jobs are out there that would require a MA in International Relations?

All UN jobs ... Lol
public service, social sciences, int. business, anything political i can do with my ba in political science; the master's in IR is a topping / all-round degree tat just further adds to my BA education...can also teach community college alas... who wants a 22 year old with no experience teaching 35 year olds? :bounce:


this entire process is not so easy... sometimes i think i should just have been a nurse :bounce::bounce:

[dreamdiffered]

If you are able to adjust status using 245i and gaining labor certification, what is the visa that you gain?

[DREAM Act Advocate]

Depends on the degree.

In my situation, it would be EB-2 with a MA degree. This allows me to adjust status so it's not like a non-immigrant visa like an H1B.

[dreamdiffered]

I'm a little confused, I thought EB-2 was a category that only determines the rate of processing but it still goes to an H1B visa.