Filing I-485 and I-140. Where Texas or Vermont.

harvinder

Registered Users (C)
My Labor certification has been cleared from Texas. I have heard that Texas takes longer time than Vermont for green card. I want to know can I file my 485 and I-140 from the state of Vermont or will I have to file it from Texas. Our company's head office is in Tx while we also have a office in Washington. Please advice.
 
It depends on where you live (when you are filing for I-485), not the employer location nor your labour clearence.

In my case, my employer is in NJ (which is in Vermont region), but I live in TN which comes under Texas region. When I gave my home address in TN, my lawyer staright away send those papers to TSC.

So the question is where you live?
 
485 where to file...

I 485 technically, I was told by my lawyer (though I do not believe her wisdom as she made many screw ups in my case), is governed by where you live, that means you should only apply to the service center under whose jurisdiction your place of residence is in.

All the above is in theory. But I personally have seen many of my neighbours and colleagues (belonging to other consulting companies) applying in Vermont as their companies are based in PA or VA ..etc, even though they live in Texas. The decision on where to file was done by their companies and fortunately for them they filed in Vermont.


So if there is any change to influence the decision on where to file 485, I would go for filing in Vermont.
 
Sorry I forgot to mention, when you fill I-485 application, you have to provide the home/apt address. If that belongs to a particular SC, your case will be filed in that SC, as simple as that.

After Spe11, things have changed drastically, now the new rule/proposal about this address change.

So I would recommend, rather lying on I-485, I would file my I-485 in a SC where I belongs to rather than a SC which is processing faster.

Sorry to say my friend, some times if you do silly mistake, it will haunt for a long time. Once I read in this forum, one person just applied his I-485, just ONE day before his PD becomes current. He got EAD, AP and FP also. At the final approval, INS rejected the case without a chance of appeal. This is back in Feb 2002. So be careful and act wisely.


My $.02
 
Well, I am not that sure things have changed that much in all respects. Some of the guys I know have got their approvals either 140 or 485 just weeks and months after Sept 11 without any questions asked or doubts raised.

At the same token, there is always an element of risk anywhere and if one is unfortunate then one's case would end up in some kind of vague issues.

But the point here is that given a legitimate chance and I say legitimate as I have seen numerous cases where 485 was filed at other service centers different from the service center where one lives, it is always better to file at the fastest service center possible if one can. I am not sure where and what address they put on 485 to do that but I stress that has been done by immigration lawyers even after Sept 11 and it worked.

So I would recommend strongly checking with the immigration lawyers of your company and if there is any slight chance that they could file in Vermont (in your specific case than in Texas) that would be ideal.

My personal case in point - I have been waiting for more than a year and 2 months in Texas without even a FP where as other guys I know of who applied after me got GC aprroved 4 months ago. Good for them. My bad luck as I never researched that much before applying for 485.

Vermont the way to go for you if you can legitimately do that. I have a feeling you can if you actively participate in a dialogue with your company immigration folks and influence the decision...

Good luck!
 
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