Case filed in wrong service center

S

sssboston

Registered Users (C)
Hi All,
My I-140 and I-485 were filed from Nebraska Service Center instead of Vermont Service Center with priority date of Jan 22 2004 by my Company assigned lawyer. After finding out they tried transferring my case by sending letters to service center, but that option does not seem to be there.

Apparently i have recieved my Advance Parole, EAD from Nebraska Service Center and my finger printing was done May '04.

Has anybody else have gone through this scenario. If yes please reply back. I am despirate to find out where do i stand. Any help is appreciated.

RD (I-140 & I-485) - 01/22/2004
EAD AD - 03/24/2004
 
They might transfer later

Later on when NSC picks up your 140, they might transfer it to VSC. This will take a bit longer however you cannot do anything now. Sometimes they don't transfer and just process the case locally.

You would wish they processed your case in VSC as it is fast in processing but now trying too hard to make NSC send it to VSC might complicate more things so just relax and let the things take their own course.
 
I don't want to keep waiting until Janurary as they are prbably going to retrogate the priority dates to 2002 or earlier. How about pulling out the case from NSC and re filing it in VSC.

How about writing a letter to Ombudsman or your congressman. All which has to be done is transfer the case. But i know it is not going to be an easy path.
 
Isin't it too late already ...

ssboston,

Isin't it too late to act on this now ?? You filed your case in jan 04 and must have figured out the mistake in a months time. You sat on the mistake for a year and did your FP meanwhile. Now also the retrogression rumor has been there for 3 months and with just 1 month left in this year and possible retrogression you think you can right all the wrongs .. best of luck.

To refile in VSC first you need to withdraw the current 485, that itself will take 2-3 months, then you redo the medical since medicals are valid for 1 year only and VSC might reject them, then collect all other docs. and reapply. By the time you apply, retrogression would have kicked in already so you might not even be in the position to apply since VSC will not entertain the 485 application.

If you have filed with sub. labor your PD most likely will be the PD of labor you are using so fist find out what is your labor PD and see if retrogression will even affect you.
 
New I-140 from VSC

My lawyer is taking this matter to AILA liasion and planning to apply for new I-140 from VSC as an last resort as we have not been able to get the case transfered.

Any Suggestions?
 
sssboston said:
My lawyer is taking this matter to AILA liasion and planning to apply for new I-140 from VSC as an last resort as we have not been able to get the case transfered.

Any Suggestions?
Click to expand...

Look at "crazion"'s posts. He is in a similar situation in California tracker
 
Case Transfered to VSC

I got email from USCIS on Feb 4th that our I-140 and I-485 cases has been transfered. Here is the exact text from one of the email

"On February 4, 2005, we transferred your I485 Application to Register
Permanent Residence or to Adjust Status to an office in VERMONT SERVICE
CENTER for processing. Our office in VERMONT SERVICE CENTER will send
you a written decision as soon as processing is complete. You should
receive a notice informing you that your case has been transferred to a
local office. Please call the National Customer Service Center at (800)
375-5283 to receive information about local office processing times."

Now my question is Would my Priority Dates be the Old ones when i filed the case in Nebraska (Jan 22nd 2004) Or it would change to Feb 4th 2005

Any help would be appreciated.
 
sssboston said:
Now my question is Would my Priority Dates be the Old ones when i filed the case in Nebraska (Jan 22nd 2004) Or it would change to Feb 4th 2005

Any help would be appreciated.
Click to expand...

Actually, your PD will be the late of the labor that you have used (labor filing date with the SESA). That would be intact in your case even though your case was transferred from NSC to VSC.

Good Luck.
 
sssboston, can you please tell us how you got your case transferred from NSC to VSC?

Iam having the same problem. My I 140/485 was filed in Texas since I live and work in ATL, but, TSC transferred my case to NSC saying that I fall under their jurisdiction (my labor was approved from Chicago and the head office is in Chicago). I consulted my lawyer today and she still believes that I fall under the jurisdiction of TSC and she is going to open a query, but, she said that they don't respond to queries, it's very hard to hear back from them.

Your help will be appreciated. Thanks.
 
Hi Zraf,
I think your case belongs in NSC as your labor was cleared from chicago as it might have been filed from the head office in chicago. My labor was cleared from VSC so my I140/I485 belonged here. But my Attorney filed my I140 and I485 in NSC. It took them around 13 months for transfer my case to VSC from NSC. I am still waiting even though they are past my Priority dates for I140 and I485.

My Question to the experts : How long I would have to wait for my GC even though VSC is past due my Priority Dates.

I140/I485 RD Jan 27 2004
Priority Date : Jan 2002

Any help would be appreciated.
 
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