Ginu et al Gurus !! please clarify

C

crazion

Registered Users (C)
Hello,
i am working for consulting company HQed in NJ. they have filed for my labor certification from their Delaware office. It got it approved. Now the sad part of it is that the Attorneys handling
my case have filed my 140 and 485 at INS California center.
the reason they gave was that the 140 and 485 should be filed
at the INS center that has jurisdiction over the place of residence.
[ currently i reside in CA working for a client of my company ]

I got the reciepts and i also got the EAD card recently. When i confronted the attorneys about this filing to the wrong center, they admitted the mistake on their part but said that it wont hurt my case because
1) INS has accepted the case with out retuning it,
2) All INS centers are connected and it wouldnt be a problem

i and my employer did talk to INS call center or whatever but they also were giving the same diplomatic answer

' ideally your case should be filed to vermont but as you already
got the reciept means that INS has accepted your case and that
shouldnt be a problem'

i am just wondering if attorneys are BSing me or is it really true

Gurus please clarify if all this seems valid and believable.

thanks in advance
Shyam
 
No problem if I-485 is accepted and service center at later date may transfer the file to correct service center where it was supposed to be filed. You don’t need to worry. Just request your employer to change the lawyer who does not know where to file the I-140 and I-485
 
thanks ginnu,
one more question on the same note,
you said that ' No problem if I-485 is accepted and service center at later date may transfer the file to correct service center where it was supposed to be filed.'
did you mean to say that I140 would be transferred to the correct
INS Center [ Vermont in my case] or were u talking about 485?

Regarding attorney thingie, my employer already stopped giving
him cases after this goof up. Also i have found that people on this
forum are more knowledgeable on those attorneys.

~
shyam
 
one more question on the same note,
you said that ' No problem if I-485 is accepted and service center at later date may transfer the file to correct service center where it was supposed to be filed.'
did you mean to say that I140 would be transferred to the correct
INS Center [ Vermont in my case] or were u talking about 485?

----- Service center may transfer both I-140 and I-485 or May not transfer you have to wait and see what happens they can also transfer I-485 at last stage you your local USCIS. If you apply EAD renewal or first time EAD or AP you have to send EAD, AP application to same service center where your I-485 is pending.

*** if your employer has stopped giving work to that lawyer then take the original I-485 receipt and copy of complete files of I-140 and I-485 from the lawyer including the cover letter that he wrote to service center also get the copy of approved LC. If any RFE then the letter will come to this lawyer from service center, you should submit new G28 through new lawyer for I-485 and your employer should submit new G28 through new lawyer for I-140 so that your new lawyer can represent you and your employer. Go to new lawyer and ask him what he needs, he will need copy of I-140 filing receipt, copy of I-485 filing receipt and he CAN also request the service center to Transfer your I-140 and I-485 to correct USCIS service center and can point out the mistake of past lawyer in his cover letter.
 
thank you ginnu, your answers are very helpful.

btw, if my case get transferred to the correct USCIS service center [ vermont in my case ], would i lose the priority date or would i still carry the old one ? in essence i am asking if my approval of 140 and 485 would get delayed.

thanks

shyam
 
btw, if my case get transferred to the correct USCIS service center [ vermont in my case ], would i lose the priority date
---- you will have same PD
or would i still carry the old one ?
--- old one
in essence i am asking if my approval of 140 and 485 would get delayed.
---- I don’t know it is USCIS
 
You must log in or register to reply here.
Top