140 + 485 Concurrent filing issues

N

NeedItNow

Registered Users (C)
Gurus,


I am new to the forum and I really appreciate all the efforts you guys are putting to keep every body informed and offering invaluable guidence in resolving the issues. So here is my question.

My company's headquarter is in NJ and they have a branch office in Chicago, Illionois. I recently got my labor certified from Illionois. I am currently working in NJ. Now is it possible for my employer to file my 140 from Nabraska and concurrently file 485 from Vermont. I am obviously trying to save a couple of months, but will there be any other implication of it. Do you guys really think that it would really save me a couple of months.

Appreciate any response....
 
Originally posted by NeedItNow
Gurus,


I am new to the forum and I really appreciate all the efforts you guys are putting to keep every body informed and offering invaluable guidence in resolving the issues. So here is my question.

My company's headquarter is in NJ and they have a branch office in Chicago, Illionois. I recently got my labor certified from Illionois. I am currently working in NJ. Now is it possible for my employer to file my 140 from Nabraska and concurrently file 485 from Vermont. I am obviously trying to save a couple of months, but will there be any other implication of it. Do you guys really think that it would really save me a couple of months.

Appreciate any response....
Click to expand...


That wouldn't be possible, because you need to furnish 140 information along with AOS application. You can do what people in this forum refer to as semi-concurrent. That is you can have your employer file 140 at Nebraska and get the receipt notice. With that 140 receipt notice, you can file your 485 at Vermont.


hth
dyno
 
Re: Re: 140 + 485 Concurrent filing issues

Originally posted by dynobuoy

That wouldn't be possible, because you need to furnish 140 information along with AOS application. You can do what people in this forum refer to as semi-concurrent. That is you can have your employer file 140 at Nebraska and get the receipt notice. With that 140 receipt notice, you can file your 485 at Vermont.


hth
dyno
Click to expand...

Recently one of my friends tried to do same thing. It was Texas (I-140) and Vermont (1-485). Case was transferred back to TSC within a month along with EAD and AP application
 
Re: Re: Re: 140 + 485 Concurrent filing issues

Originally posted by tammy2
Recently one of my friends tried to do same thing. It was Texas (I-140) and Vermont (1-485). Case was transferred back to TSC within a month along with EAD and AP application
Click to expand...
Your friend filed concurrent / 'semi'-concurrent?

-dyno
 
You should file 485 also from Texas. I am in NJ with I140 filed from Texas and I am filing 485 from Texas too cause Lawyer suggested me to do so for preventing delay in processing 485.

will_get_there
 
Guys, what are the issues in cases like this - where the consulting company is in one location (say TX) and the filing is from TX and the person is working for client in NY. I am in a similar situation. Is there any rule that states where the LC/140/485 should be applied from? Any links on this topic? Thanks!
 
Originally posted by lift_karadhe
Guys, what are the issues in cases like this - where the consulting company is in one location (say TX) and the filing is from TX and the person is working for client in NY. I am in a similar situation. Is there any rule that states where the LC/140/485 should be applied from? Any links on this topic? Thanks!
Click to expand...

No links this time.

But it is general practice when filing concurent that the applications are sent to the jurisdiction where the employer is located.

hth
dyno
 
dynobuoy, willgetthere,

thanks for the response. From this discussion, what I understood is that my employer can file 140 + 485 from Nabraska Service Center, even though I live and work in NJ (NJ is under Vermont Service Center).

Can you please point me to any official document or publish any link about this. My employer is not ready to file the application from Nabraska. He wants to file it from Vermont only. He told me that If I can come up with any official document, he would file it from Nabraska.

Gurus, Please help me out here !!!

Thanks.
 
Originally posted by NeedItNow
dynobuoy, willgetthere,

thanks for the response. From this discussion, what I understood is that my employer can file 140 + 485 from Nabraska Service Center, even though I live and work in NJ (NJ is under Vermont Service Center).

Can you please point me to any official document or publish any link about this. My employer is not ready to file the application from Nabraska. He wants to file it from Vermont only. He told me that If I can come up with any official document, he would file it from Nabraska.

Gurus, Please help me out here !!!

Thanks.
Click to expand...


Ok found the link at the USCIS site ;)
http://uscis.gov/graphics/formsfee/forms/i-485.htm

Go to section "Employment-Based Applications" and under it is the section "Where to file".

"Where to File:
The Service Center that has jurisdiction over your intended place of employment. "

Again this is a grey area if your client is located in a different area. But since your place of employment can be roughly defined to be your employers location, so feel safe to apply to the Service center under whose jurisdiction your employer is located.

hth
dyno
 
Re: Re: Re: Re: 140 + 485 Concurrent filing issues

Originally posted by dynobuoy
Your friend filed concurrent / 'semi'-concurrent?

-dyno
Click to expand...
Yes he was trying for con-current
 
Hi all
I have a small ques ?.
Can we use Birth Certificate which Issued by Indian Emb. in USA for applying 485 and EAD for US GC.
Reason I am asking is that two of my friend told me that INS will not accept that birth certificate which issued by Indian Emb.
Does anyone have any experience or any idea ?
Thanks in advance.
 
documentation requirements

Hello all
Can someone point out to me the various documents that need to be submitted when filing 485/140 (I mean like birth certificates etc). If you can point to any good sites that give this info, it would be great.

Thanks!
 
Originally posted by rmsag
Hi all
I have a small ques ?.
Can we use Birth Certificate which Issued by Indian Emb. in USA for applying 485 and EAD for US GC.
Reason I am asking is that two of my friend told me that INS will not accept that birth certificate which issued by Indian Emb.
Does anyone have any experience or any idea ?
Thanks in advance.
Click to expand...

Your friends are right. CIS does not accept the birth certificate issued by the embassy. You need to get one from your Municipal/ Corporation. Or need to submit an affidavit by your parents or some elders present at that time of birth
 
You should be able to file the case in two different places, provided your employer can show proof they are actually intending to give you job offer at two different places. This should not be any different from two companies wanting to file GC for you from two different places.

You can file cases on both the places and apply AC21 when the suitable time would come up.

Once you get your GC, revoke the other case.
 
filing 140 and 485 in different centers

Tammy,
in one of your previous posts, you told that someone u know had his 485 case transferred to TSC.
i am also in similar boat. i have my labor cert from Delaware/Philly. And right now i am working in California.
My lawyer filed i140 and 485 to CSC concurrently. they have sent
reciepts back. it was filed on oct 2 2003. i havent had any RFEs yet. my employer and me , once talked to INS guys on 1-800 number, they said because INS has sent me reciept it should probably be okay.

please thow some light on this , if you have some knowledege about it.
also let me know how your friend came to know that the case has been transferred to TSC.

any help is appreciated.

~
shyam
 
Re: filing 140 and 485 in different centers

Originally posted by crazion
Tammy,
in one of your previous posts, you told that someone u know had his 485 case transferred to TSC.
i am also in similar boat. i have my labor cert from Delaware/Philly. And right now i am working in California.
My lawyer filed i140 and 485 to CSC concurrently. they have sent
reciepts back. it was filed on oct 2 2003. i havent had any RFEs yet. my employer and me , once talked to INS guys on 1-800 number, they said because INS has sent me reciept it should probably be okay.

please thow some light on this , if you have some knowledege about it.
also let me know how your friend came to know that the case has been transferred to TSC.

any help is appreciated.

~
shyam
Click to expand...

My friend's parent company located in Florida, which comes in Texas service center area. He is working in Buffalo NY, which comes in Vermont service center area. We all know that TSC is taking lot of time for the approval of I-485 applications. So he was thinking to apply I-485 VSC. I-140 is always filed where the company is located. So he requested his attorney to file I-140 at TSC. After getting receipt he filed his I-485/EAD/AP at VSC. After two months VSC transferred case TSC saying it should be applied at TSC since the I-140 is pending over their. Later he was telling me he should not have applied for EAD/AP, which requires verification of I-140.

I think your case is different from his case, as you have applied both at same place. But I heard if you apply I-140 at wrong place they would transfer back to proper location or send back the application. Some time back (may be one year back) I read this on NSC I-140 forum.
 
Please advice about changing Lawyer

Hi All,
I am in urgent need of your advice .Can you please suggest if i can change my lawyer after getting LC approval i am sick from him from many reason .
Can i file my I140 and I485 from different lawyer also will INS need any information from him after i change him .Please advice as i have to file 2nd stage ASAP
Thanks
Raven
 
Raven said:
Hi All,
I am in urgent need of your advice .Can you please suggest if i can change my lawyer after getting LC approval i am sick from him from many reason .
Can i file my I140 and I485 from different lawyer also will INS need any information from him after i change him .Please advice as i have to file 2nd stage ASAP
Thanks
Raven
Click to expand...

You can change lawyers any time using G-28 form. Your new lawyer will advise you.

Regarding the real issue, whether you can change lawyers and you have no problems in any filing ( usually in RFE cases). You are lucky that your employer is willing as well as you are doing after the labor certification. DOL and USCIS are totally different departments. But I would advise, once you file I-140 and I-485 donot change your lawyers. USCIS is bad in updating records and in case of RFE they accidently send the RFE to the old lawyer.

As regarding to your question for changing lawyer, you can do it safely now.
 
NeedItNow,
file concurrent from Nebraska, that would be good, its fast also u cant file 140 and 485 from different centers as ur 140 is pending.
for best, take good immigration lawyer advice.

Thanks,
rb180
 
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