245(i) and I-485 Filing Help

[Visitor User 253]

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Replaces MA 7-50A, B and C (April 1970 Edition which is obsolete).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

[Boiler 46,312]

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