FilingI-140

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GCChaahiye

Registered Users (C)
Hi,

Since I-140 in a case of NIW is not employer specific, can it be filed at any of the Service Centers(whichever is the fastest)? Or does it need to be filed according to the location where the petitioner currently resides?

Thanks
 
Originally posted by GCChaahiye
Hi,

Since I-140 in a case of NIW is not employer specific, can it be filed at any of the Service Centers(whichever is the fastest)? Or does it need to be filed according to the location where the petitioner currently resides?

Thanks
Click to expand...

It has to be filed in the jurisdiction that you intend to work in.

Brian
 
Re: Re: FilingI-140

Originally posted by leroythelion
It has to be filed in the jurisdiction that you intend to work in.

Brian
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Hi, Brian, could you provide where it is stated (BCIS website)? How do I provide evidence of where I intend to work? Thanks!
 
Re: Re: Re: FilingI-140

Originally posted by oleeosad
Hi, Brian, could you provide where it is stated (BCIS website)? How do I provide evidence of where I intend to work? Thanks!
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I think it says it right on the form.

Brian
 
I am a PhD student and have not started looking for jobs yet. Since my future job offer can be any where in the country, can I file to all service centers?
 
Good one

However, like Brian said that one should apply to the service center where he intends to work or where he lives, I guess one should apply to just one center.
but one can always change jobs after 180 days ( i will be posting that info in a separate thread) and go to another similar one. I havent yet heard about anyone applying to all centers :)
 
Originally posted by oleeosad
I am a PhD student and have not started looking for jobs yet. Since my future job offer can be any where in the country, can I file to all service centers?
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No, I think you file with the center that has jurisdiction over the state you live at the moment of filing, and when you get a job and move and file AR-11 your case may get transferred to your new service center or they may issue an RFE. I am pretty sure that, say VSC, simply won't accept an I-140 coming out of Texas.
 
You file where you intend to work. If you can only file where you presently live, then petitioners who reside outside of the USA will not be able to file.
 
The problem is that some GC filers have no idea where they intend to work.

INS still requires that the I-140 be filed at the service center with jurisdiction over the work location. Even self petitioning filers must state intheir applcation where they plan to work. For aliens who reside overseas that could probably be anywhere that the alien could articulate a plan and explain why they would seek employment there. For an alien that currently resides in the S, it would seem that you would encounter increasing problems if you stated that you were leaving your current job upon GC approval and seeking employment in a different location with an unidentified employer. It probably could be done, but it would be more easily challenged.
 
NIW has nothing to do with any employer, either current or future.

For example,in my I-140 , I mention that I intend to work in California as I am currently working in California as a RESEARCHER at a University and file it.

Situation A.

After filing I-140 in California and BEFORE its approval, I join another employer in say, Maryland because of any of the following reasons:

1. I get a better research job
2. I am fired at my current job in California
3. My employer does not want to extend my H1 beyond the
current one (happens in Research due to funding problem,etc)
4. Other reasons under my control
5. Other reasons beyond my control

Neither of the employers has anything to do with my NIW I-140 except perhaps giving recommendation letters.

So, how would this affect the decision of BCIS? Why should BCIS take a negative approach for my job change?

Situation B

After filing I-140 in California and immediately AFTER its approval, I join another employer in Maryland because of the above reasons.

Why should BCIS consider this as fraud or whatever.
 
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Good points

Yes..NIW doesnt depend on employer.
what i have heard from my lawyer is that one only needs to work in the field on which the petition was based. you can do it anywhere and can change jobs.
another guy/girl on murthy forum (sainath,americandreamboy) had asked the same thing. the attorney had replied that you can change jobs without any problem. if employer sponsored then its better to stick around for 180 days and then use ac21.
I feel that if RFE arises, one just needs to show that they still work in the intended area. eg. one cannot apply as a seismologist and then work in rocket technology when the rfe comes. they would still need to work in erthequake field (something like that).

My view of course. dont consider it as legal opinion.
 
if you go online, you can find the directions: where to file according to your petition and according to where you live. For example, we live in NJ, we had to file at VSC because our petition is employment based as Newark only handles family based applications. I got that info online at former INS website.
 
citrusfrost

You may be right about employment based petitions.

However, we are discussing about NIW- petitions filed under National Interest Waiver, which is not employment based.
 
Originally posted by GCChaahiye
citrusfrost

You may be right about employment based petitions.

However, we are discussing about NIW- petitions filed under National Interest Waiver, which is not employment based.
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Yes it is. EB-2 :-).

Brian
 
Originally posted by citrusfrost
if you go online, you can find the directions: where to file according to your petition and according to where you live. For example, we live in NJ, we had to file at VSC because our petition is employment based as Newark only handles family based applications. I got that info online at former INS website.
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Hi, citrusfrost, I don't know where you found the website, but here is the official website of BCIS

http://www.immigration.gov/graphics/formsfee/forms/i-140.htm

It is stated clearly that "File this form (I-140) with the Service Center with jurisdiction over the state where the alien will be employed."

I think the problem is how to make them believe you will be employed within the jurisdiction area of the Service Center. Of course, if you have an offer letter I think it should be fine. But if not, what can be done?

NIW filers may want to choose the Service Center that posts the latest processing date. But if you get an RFE or even rejection because you file to the wrong Service Center, it's worse.

My situation is that I will relocate in a few months (when I graduate) but I don't know where. I'd prefer California since I have so many friends there, but would take offers elsewhere if the position is much better. Any suggestions? Thanks!
 
Thanks for pointing that out. I checked the old ins.gov website which I don't think differs that much from the new one.
In any case, I think it also depends if you self petition or your employer petitions for you.
 
I have a feeling that INS would let you know as soon as they receive your petition about the jurisdiction. It happened to me.
I sent my original I485 to TSC and they said I had to submit it to NSC and all I had to do was to send it there. Once INS take the application they will process it, I belive.
 
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