Change of Address/1-140/later AC21. Experts Please Help...

A

Aakash28

Registered Users (C)
Hello,

My situation is growing more and more complicated each day. Here are the current issues -

1) Concurrently filed (I-485, I-140) under Labour substitution EB3 Category. Received I-140 RFE in May 2005. INS received the response on June 10th. By what time should I expect to receive my I-140? (as another guy also filed for Labour Substitution at the same time form my Company and received the same I-140 RFE at the same time as I did and he has already have got his Green Card - within a month of receipt for RFE response from INS - The only difference being he file under EB2 Category).

2) I have to Change my Address - currently in Boston now have to move to Ithaca (at a different client side) in the next week. Does it matter if I apply for COA before or after I-140 approval? I am very confused and unable to make decision - What's going to be the impact on my GC Process? - Is it going to complicate things? Will my File gets transferred from on INS branch to another (after filing COA) - because if that happens than is'nt it going to put my case at risk as my case ile is going to switch hands and there is going to be whole set of new INS people handling my case? What exactly happens when someone files for COA before or after I-140 gets approved?

3) 6 weeks down the line I have another situation coming up. My Client want's me to bring in as fulltime employee (on EAD - which I have already received before I-140 because of concurrent filing). I am hoping that my I-140 will get approved before that happens and it will be six months after the I-485 was filed - so as per AC21 both the clauses seem to be satisfied by that time - do not know the time for I-140 approval though (as specified in 1) above!! Now Having COA before/after I-140 and before AC21 - than going for AC21 - I am too worried about the whole scenario - What are my chances what's the best course of action given my situation - where I have to move to client in the next week and will have to go for AC21 after the next 6 weeks and my I-140 has not yet been approved even though my colleague's I-140 was approved (being EB2)?

4) I got married in May 2005 so I filed I-485, EAD for my wife. She is here on spouse visa currently. Now what will I have to do regarding COA and AC21 in her case?

Experts Please help. Desperately need advise. Will greatly appreciate your responses. Also if you can send me some links to the knowledgebase where I can check out in details how exactly to approach and what implications it will have on th process.

Thanks
 
Aakash28 said:
Hello,

My situation is growing more and more complicated each day. Here are the current issues -

1) Concurrently filed (I-485, I-140) under Labour substitution EB3 Category. Received I-140 RFE in May 2005. INS received the response on June 10th. By what time should I expect to receive my I-140?
------------- i dont know
(as another guy also filed for Labour Substitution at the same time form my Company and received the same I-140 RFE at the same time as I did and he has already have got his Green Card - within a month of receipt for RFE response from INS - The only difference being he file under EB2 Category).
--------------- every case is diffrent and goes to diffrent officer
2) I have to Change my Address - currently in Boston now have to move to Ithaca (at a different client side) in the next week.
-------------- you need to file form AR11 (and it does not change your address on pending petitions with USCIS) to change the address on pending I-485 you need to write letter to USCIS service center where I-485 is pending on letter write your I-485 reciept#, Name, DOB, A# and provide past address and new address attach also copy of I-485 filing reciept AND also update NCSC on 1-800
Does it matter if I apply for COA before or after I-140 approval?
-------------- I-140 is employer petition, approval will come to lawyer who filed and employer who filed no need to change your address on I-140, I-485 is YOUR petition and you can change your address on it
I am very confused and unable to make decision - What's going to be the impact on my GC Process? - Is it going to complicate things? Will my File gets transferred from on INS branch to another (after filing COA)
---------------------- change of address on I-485 does not change the file to be trasfred
- because if that happens than is'nt it going to put my case at risk as my case ile is going to switch hands and there is going to be whole set of new INS people handling my case? What exactly happens when someone files for COA before or after I-140 gets approved?
----------------------- 90% file remains with the same service center
3) 6 weeks down the line I have another situation coming up. My Client want's me to bring in as fulltime employee (on EAD - which I have already received before I-140 because of concurrent filing). I am hoping that my I-140 will get approved before that happens and it will be six months after the I-485 was filed - so as per AC21 both the clauses seem to be satisfied by that time - do not know the time for I-140 approval though (as specified in 1) above!! Now Having COA before/after I-140 and before AC21 - than going for AC21 - I am too worried about the whole scenario - What are my chances what's the best course of action given my situation - where I have to move to client in the next week and will have to go for AC21 after the next 6 weeks and my I-140 has not yet been approved even though my colleague's I-140 was approved (being EB2)?
-------------------------- best option is to join new employer AFTER I-140 is APPROVED and then use AC21 ( why are you crying that other person I-140 approved?????)
4) I got married in May 2005 so I filed I-485, EAD for my wife. She is here on spouse visa currently. Now what will I have to do regarding COA and AC21 in her case?
----------------- She needs to file form AR11 once move and also need to update her new address on her I-485 (same procedure as for you) She need not to do anything for AC21
Experts Please help. Desperately need advise. Will greatly appreciate your responses. Also if you can send me some links to the knowledgebase where I can check out in details how exactly to approach and what implications it will have on th process.
---------------------- search the threads , read lawyer sites and serch through google what you want to know or go to good lawyer with all your concerns
Thanks
Click to expand...
 
Thanks Ginnu for all your help. Greatly appreciate it. I am facing another new issue. Here is the whole situation -

Currently I am working for a Company in Boston - but they sent me on client side in Ithaca, Upstate, New york 4 months back. When my GC application was filed I was living with one of my friend (as roomates) in Boston so I used that address. Even though I moved to Ithaca I was still using my friend's address in Boston. I hope that I did'nt do anything wrong by not changing the address when I actually moved?

But now my friend is also moving this week. So I can no longer use that address - but I have another friend who is living not in proper Boston but in Quincy, MA. Should I use his address for "Change of Address" as he has his own house and is going to be there for long time? Or should I use my address in Ithaca, NY? I am too reluctant to use my Ithaca's address (different state) as I think that it might mean that my GC application file being tranferred from one service center to another and might delay/complicate the process? so is that what really happens? Or it does'nt matter which city or state you are moving to - the file still remains at the same place being handled by same people? What will be good address in my case - giving them my frineds address who lives in Quincy, MA or my actual address in Ithaca, New York?

Later down the line when I am going to switch jobs (apply for AC21) I will be working as an employee for my current client in Ithaca. So my client is goig to become my employer. Now if I now use my another friend's address (living in Quincy, MA) for "COA" purposes then after applying for AC21 do I have to again apply for COA since now my company will be based in Ithaca unlike my current employer who is in Boston?

Does "mailing address" and "permanent address" have to be same? Do they have to be in the same state? Where does all the receipts, EAD, ADvance Parol, FP Notice and other correspondence from INS go to - is it the mailing address or the permanent address? COA is for change in mailing address or permanent address?

Please help.

Thanks
 
Few more details pertaining to the issues I mentioned above. The labor certification was approved from Boston District Office and my I-485 is also filed at the same office. So now if I submit COA from Boston to Ithaca, Upstate New York will it mean that my I-485 application file is going to get transferred from Boston to Buffalo District Office?

Also, once I change jobs (after 180 days of i-485 filing and I-140 approval) then do I need to submit AC21 to VSC ASAP or will I be better off by waiting to receive an RFE and then submitting AC21? But For RFE one has to submit recent paystubs - and that would be from new Company - so INS might say that why did'nt you submit AC21 earlier - which will create complications. What should be the safest and best course of action so that the process does'nt get delayed.

If suppose I do not receive an RFE and my I-485 gets approved than do I need to bother about AC-21 later - for citizenship purposes? Because one is supposed be working with the sponsoring Company for atleast 6 months/2 Years (Do not know for sure).
 
Aakash28 said:
Thanks Ginnu for all your help. Greatly appreciate it. I am facing another new issue. Here is the whole situation -

Currently I am working for a Company in Boston - but they sent me on client side in Ithaca, Upstate, New york 4 months back. When my GC application was filed I was living with one of my friend (as roomates) in Boston so I used that address. Even though I moved to Ithaca I was still using my friend's address in Boston. I hope that I did'nt do anything wrong by not changing the address when I actually moved?
------------------------------ you were supposed to file form AR11 becasuse you moved
But now my friend is also moving this week. So I can no longer use that address - but I have another friend who is living not in proper Boston but in Quincy, MA. Should I use his address for "Change of Address" as he has his own house and is going to be there for long time? Or should I use my address in Ithaca, NY?
-------------------use your address

I am too reluctant to use my Ithaca's address (different state) as I think that it might mean that my GC application file being tranferred from one service center to another and might delay/complicate the process?
----------------- Updating address on pending petition does not mean that file will be transferred to different service center. Invoking AC21 does not transfer the file. USCIS has different criteria when they transfer file to Local USCIS for interview
so is that what really happens? Or it does'nt matter which city or state you are moving to - the file still remains at the same place being handled by same people?
----------read above
What will be good address in my case - giving them my frineds address who lives in Quincy, MA or my actual address in Ithaca, New York?
---------------- your address
Later down the line when I am going to switch jobs (apply for AC21) I will be working as an employee for my current client in Ithaca. So my client is goig to become my employer. Now if I now use my another friend's address (living in Quincy, MA) for "COA" purposes then after applying for AC21 do I have to again apply for COA since now my company will be based in Ithaca unlike my current employer who is in Boston?
-------------------- change the address on I-485 and give your address, when apply AC21 if you are at the same address then why you need to change the address again? you are going to write your name, DOB, A#, I-485 filing receipt and address on cover letter that you will send to USCIS to invoke AC21
Does "mailing address" and "permanent address" have to be same?
-----------------YES
Do they have to be in the same state? Where does all the receipts, EAD, ADvance Parol, FP Notice and other correspondence from INS go to - is it the mailing address or the permanent address?
permanent address or to lawyer who filed I-485, AP, EAD comes to your address directly
COA is for change in mailing address or permanent address?

Please help.
-------------------------- you have so many questions, go to your lawyer for more answers, I leave the thread others may post you.
Thanks
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