Can I140/485 be filed to a different INS centers

C

crazion

Registered Users (C)
Hello Gurus,
i have a small problem.
My labor certification is from Delaware and philadelphia and
intended place of work is delaware. But my lawyers filed for
my 140 and 485 at INS california center. [ right now i am living
in california ]. I also got the reciepts for 140, 485 , EAD applications back. I am not sure if this is okay or not.
i am just worried that they might reject the 140 and 485 because of filing to the wrong INS centers..

Gurus, please advice.

Thanks in Advance
shyam
 
I think thats how it works if you are filing concurrently.

If you dont want to file it concurrently you should file I-140 at the job location and I-485 at your home center.

Its how it filed even in my case. Mine filed in Aug 2003, so far no problems :)
 
Thanks rk4gc,
that soothed me a bit :)
i read from the INS site and forms that one needs to send the
packet to center that has jurisdiction over the applicant's intended
work place. so i wasnt sure
btw, did you get ur EAD card ??

Thanks
shyam
 
rk4gc,
this is an excerpt from murthy.com 's previous bulletin
http://www.murthy.com/ukconfil.html
---------------
Jurisdiction for Concurrent-Filing Cases

Concurrent filing of the I-140 and the I-485 should be sent to the place having jurisdiction over the I-140. For cases requiring a labor certification, the I-140 must be filed with the region where the labor certification was approved. When the I-140 has been filed and is already pending with the INS, and the concurrent I-485 is filed prior to the I-140 approval, the I-485 must be filed in the locale where the I-140 is pending. In a case with an approved I-140, the I-485 may be filed either where the I-140 was approved or in the place having jurisdiction over the I-140 beneficiary's place of residence.
-----------------

do you know any more info on this one [ like the updates ]

thanks
shyam
 
Originally posted by crazion
rk4gc,
this is an excerpt from murthy.com 's previous bulletin
http://www.murthy.com/ukconfil.html
---------------
Jurisdiction for Concurrent-Filing Cases

Concurrent filing of the I-140 and the I-485 should be sent to the place having jurisdiction over the I-140. For cases requiring a labor certification, the I-140 must be filed with the region where the labor certification was approved. When the I-140 has been filed and is already pending with the INS, and the concurrent I-485 is filed prior to the I-140 approval, the I-485 must be filed in the locale where the I-140 is pending. In a case with an approved I-140, the I-485 may be filed either where the I-140 was approved or in the place having jurisdiction over the I-140 beneficiary's place of residence.
-----------------

do you know any more info on this one [ like the updates ]

thanks
shyam
Click to expand...
Shyam
This is news for me. :confused:. I need to talk to my lawyer on this. I've not yet get my EAD. As I've my H1 extended for 7th year I'm not bothered about it. But I need to get clarification on this from my lawyer and find out if its OK to have them filed in CA (I live in CA ) where as my I-140 jurissiction is TX.

Thanks for this info.
 
Actually, in my case
Labor from DE/philadelphia
Intended place of work is Delaware

I140 and I485 filed to INS california center..[ concurrently filed ]

i dont know if it is the same case as yours..

check with your lawyers to get clarified.

~
shyam
 
Is your case a future employment case or current employer? It seems in case of future employement case one has to work with the future employer once he gets EAD.
 
My case is with the current employer. Right now i am living in CA
because i am working on a project there. But my GC labor certification was done at delaware [ state ] & philadelphia [ federal ]
 
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