I-140 approved from TSC and I-485 in CSC

G

givegc

Registered Users (C)
Hello Friends
My company headquarters is based in California. But I am working out of Raleigh, North Carolina.
My labour and I-140 was approved in TSC. But the attorney is planning to file I-485 from CSC.
Is this ok? I know of cased of my friends where the I-140 was also approved from CSC and that\'s not an issue.
Please let me know your thoughts.
 
Check with the lawyer

My I-140 was approved from TSC, but I have been working in California for last couple of years. So, my I-485 was filed under CSC. I got approved recently in February.

Generally I-140 is filed by companies to a service center based upon the geographical location of the company\'s head quarter, while I-485 is filed where the applicant resides. I am a bit surprised that your I-140 was filed to TSC even though company is based in CA.

My case was exact opposite to your case. But, I have to tell you that there is a risk of your case getting transferred to TSC if you are showing your residence under TSC jurisdiction (Not sure if North Carolina comes under CSC or TSC). I have read on this very site about some cases where the file got transferred to another service center because of the residential address that is mentioned on the I-485 application.

Please check with your lawyer again. If your residence is in California that you don\'t have to worry about anything.
 
if Raleigh, North Carolina falls under TSC, file I-485 to TSC

If you ask for my opinion, that\'s what I think is normally done and makes logical sense. While I-140 is about company, its financial strength and ability to keep you employed under job classification on original LC, I-485 is about the applicant and their adjustment of status as "permanent resident" at a location where they are currently residing and working legally. If you are living and working at a location under TSC jurisdiction, you have to file I-485 to TSC. One way you could easily determine that is by looking at your LCA if you are an H1 kind of employee.

But, filing of I-485 under CSC may not result in DENIAL. You could just get approved. In the worst case, INS might transfer your case to TSC. That may result in some delay.

I am no expert on this matter. You may want to take expert opinion, perhaps from another immigration lawyer. They should be able to answer your question. Perhaps, Jim Mills could be able to answer it too.
 
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