I140 and I485 filed at different Service Centers..............please advise

A

adhingra

Registered Users (C)
I am working in Chicago, but my company\'s HQ are in New Jersey. My I140 was filed in vermont and got approved in November, 2001

My company lawyer filed my I485 (RD=19th Dec 2001, ND=28th Dec 2001) at Nebraska service center even though i requested to get it filed in Vermont. I was told it can only be filed at the INS service center that caters to the state of my primary residence. I have already received EAD for both me and my wife but waiting for the finger printing....

However now i have got this information that INS treats these cases wherein the I140 has been filed in a different service center in a very different way.

At the time when the notice date becomes current INS nebraska will request INS vermont to transfer my I140 papers to nebraska and this is taking an additional 4-6 months.

Infact i am told that some people are waiting for even like 6-10 months after there ND becomes current. So the whole 485 process may take upto 2 years for such cases.

Is this correct...........????????

It is going to be really worrysome for me as my office in chicago is being planned for a closure in 8 - 10 months and i am already 3 months into my 485 process.

What are my options at this point..........???

a) Can my lawyer send a letter to VSC to transfer my I140 papers to the NSC. I still have atleast 8-9 months of normal wait time per my ND so tha papers can get transferred in that time

b) Or will it be better to just pull out of NSC and get my 485 refiled at the VSC

Any information and advise in this regard will be highly appreciated

Thanks
 
I\'m in the same boat

I do have similiar problem. I filed I-485 on Mar 8th. How much time it took for you to get Receipt notice and EAD?
 
me too..

I filed my labor and 140 in Vermont but my lawyer filed 485 in Nebraska.My Rd=09/27/01.Are you sure that it takes such a long time to get the 140 papers from Vermont to Nebraska? Is there anything we can do at this stage?
 
No Title

Cholayil,
 It took less than a month to get my RD and two and half months to get EAD.Fp is done within 3 months.
 
My Info and My findings till now

My info is as follows:

Type=RIR, EB2
RD=12/19/2001
ND=12/28/2001
EAD=01/10/2002 (received the letter arounf third week of january)
FP= Stil waiting .........

I just found about this whole mess yesterday. Infact what is found is pretty interesting........

One of my friends told me about this. His ND was Nov 2000, so ideally he was suppose to get his AD around Dec 2001. But as of me writing this he has not received anything yet.

Also what he told me is that after getting null responses from from NSC center on why his case is getting delayed he sent a letter to a local congressman. The congressman found this out that NSC guys were waiting cause they asked for his I140 file from CSC

Nobody knows how much time this kind of file transfer takes........

Apparently after getting pressurised (cause AILA is also on my friend\'s case) he has been told that his file has arrived from CSC to NSC on March 14, 2002.

But now he is being told by AILA, that after the file transfer it will take between 90-120 days for processing. So u see that the whole
485 process for this guy has already taken 16 months and add to it another 90 - 120 days

Also he has told me that other guys in his company prior to him have to go through the same things cause their 140 was done at CSC too. He works for Oracle consulting

Another important thing is that now the NSC guys are not willing to talk to my friend to update him on any status. There reply is have the congressman office call us and we will get back to them not u. I think they are pissed. Although i have seen other postings on this board where people have involved congress people.

My take on this one

a) Let us all check with our lawyers that is it possible to write to VSC/CSC and have our 140 files transferred to NSC while we are waiting for our ND to become current

Lets keep the momentum here guys...........this can be major problem for all of us in the foreseeable future.........

Rgds
 
I am in the same boat

Hello Guys,

I am also in the same boat. Had my I140 done in VSC and now for the same reason filed I485 here in NSC. I do not know If there is anything i can do about this.....
Though i have a question, if i go to a different project somewhere in east coast...will my I485 get transfered to VSC again...?
 
Hi adhingra,

thanks for a detailed mail.I am going to send a mail to my lawyer regarding this.But to be honest it wint materialise.The only reason is -VSC/CSC will not send any files to NSC until the NSC office staff asks for it.I dont think they will try to send the files just because our lawyers have asked for it.But there is nothing wrong in trying it.Let us keep informed about our cases.
     I remember to have seen in this same site some cases getting approved eventhough there was a transfer of 485 from VSC/CSC to NSC.
Please provide any info about this service center transfer cases if any one comes across anything relevant.
 
I too have the same question

Hi friends,
   I have heard on AVM that my I-140 has been approved from VSC. I am yet to receive the official confirmation. I had called my attorney\'s office and I was told that, my case is likely to be filed in NSC, as I have been living here in Illinois for the last 4 years.
   But my question is, I have applied my Labor for the state of PA (for working in Philadelphia Metro and suroundings). So theoritically, I am supposed to work around that area, after GC. After seing all the messages related to the problems in trasfering the I140 files from VSC etc, it would be smooth, if the cases are filed from VSC. Anybody had tried to file from VSC, while living in IL. I know couple of my friends who are living here have done the whole process through VSC. I have no clue how their respective companies/lawyers have managed it?
    Any information or suggestions in this regard is highly appreciated.
Thanks in advance.
 
I got approved after 18 months

I had a similar case I140 approved from VSC and I485 done at NSC.
It took me 18 months to get the approval. Uptill recently I didn\'t know why my case took so much longer than other people but this definately explains it. I found out from some post that NSC will send the request to other center for transfer of file even if they have a copy of approved I-140. If they don\'t hear anything in 4 months (max) your file will be picked up and processed. My case was delayed due to this but I think it is only NSC who does this way. I am not sure whether other centers follow the same process as there are numerous people which are done this way.
 
Points to Ponder

Thanks Guys

i think we all have started a very good exchange of information here. And i think we all should find some way to keep in touch with each other throughout the whole process...........cause we know TODAY that this may cause us a problem but the problem may come after 9 to 10 months when our ND will become current

After reading all ur messages this evening, i have assembled the following pieces of information and questions

Information
===========

Some of u have mentioned about getting refiled (transferred) again at the original service center where the I140 was approved, say VSC.

In my opinion that can be a 50-50 risk scenario. The reason i am saying this is that when my I140 was filed at VSC (which was actually a mistake on part of my lawyer) i discussed about transferring my I140 back to NSC. What my lawyer replied to is that the way she can do is pull back my file from VSC and refile me again at NSC. But since the INS has no inherent procedure to support this this operation, it can take 3 weeks or 3 months or who knows........

She also mentioned that we cannot file a second 140 at NSC cause the originals from my Baor certification went along with my 140 application. So i think in this case our original I140 approval went along with our I485 application

May be she was trying to scare me.......but lets just look at this from our Indian angle........afterall INS is a govt body (sarkari daftar :=)) so do we really want to get into this transfer mechanism........hence at that time i decided to take my chances at VSC and finally got my I140 approved from there. I think the same analogy can be applied in out I485 case too.

PLease reply with ur take on this one. And I\'ll be calling my lawyer tomorrow and will discuss this option of the I485 transfer to VSC.

QUESTIONS
==========

1) I have not received my FP yet. On march 28 2002 it will be 90 days since my ND of 12/28/2002. Is this normal??????

2) I never really found out the answer to the question....... can we guys living in chicago ALLOWED to file our I485 at VSC. I was told by my lawyer that I485 is a biographic verification process and hence it has to be filed in the region where you live. On the other hand since I140 is employment autjorization i can be filed either where u work or where ur company does business. So can SOMEBODY SHED LIGHT ON what is the real answer???????

Question for Tiredfo485
=======================
What u mentioned about ur case really matches with this scernario. Howewver what would be great if there is someway to find out that this 4 month wait period that u mentioned is a Process of INS.

My point is what that DOES INS really pick up the file after not hearing from the second service center in 4 months. What i have been told that usually the people who land into this scenario have to fight their way into it by talking to different congress people and all. Personally i think that is a messy scenarion which irritates the INS people.

Somebody please try to find out more about this.......

Rgds

There are a lot of cases in this message board
 
here it is what my lawyer replied to my question

My question:
Before applying 485 you asked me which service center to file and I replied to you to file my 485 in Vermont( because you filed my labor and I-140 in Vermont).But you have filed my 485 in Nebraska(NSC).I came to know(through my friends) that if one changes the service center during 485 stage it will delay the approval.The reason is that NSC needs to request the files from VSC and it will delay by atleast 6months and some times the delay is more.
Is there any way we can avoid this delay?Can we request VSC to send my
files to NSC .Is it possible.

His reply: NE may be better for you since when VT noticed that you reside in CO, it could, at time of your I-485 adjudication, transfer your file to NE for interview. In which case, your case will be substantially delayed. I have taken many clients to Baltimore for I-485 interview. VT has been very quick in transferring files to Baltimore. No reason to believe your case will be delayed by VT.

BTW, only INS could request file transfer, not even attorneys.
 
Did you guys enter your A# (File Number) on your i-485 form?

If you didn\'t, they could not find your i-140 case on the INS computer system. Therefore, they request your i140 documents from the other center. The A# is on your i-140 approval notice. Comments and inputs.
 
answers to u\'r Q

adhingra u not receiving FP for 3 months is not an issue at all. FP is just a requirement that has to be done before u\'r approval and in no way it is any indication of how u\'r case is progressing. Though receiving FP very late say an year after u\'r application might delay the whole process slightly.

I can only guess 4 motnhs because of the following

a) I read in a post where somebody talked to IIO and he explained the process of waiting for 4 months.

c) In my personal case I talked to IIO when my case was pending for 14 months and he said that your case has moved to area on xx/xx/2001 and exactly after 4 months i received approval which means they picked my file again.

c) I said 4 months as I have two of my friends whose cases were filed in NSC after I-140 approved from VSC delayed by approx 4-5 months.

So based on above I kind of concluded that the post where a person mentioned 4 months holds true.

Talking to Congress/Senator- In my opinion this option should be explored if your case is pending for a long time. Actaully i never contacted any congressman but i was verge of contacting twice when I saw cases approved with RD long after me. I say it can be both advantageous or disadvantageous as I have seen cases where when the congress person contacted NSC there cases were approved immediately and cases where NSC refused to talk to the person because he has contacted congressperrson. So IMO if u\'r case has taken a lot longer then u have a reason to go to congress person.
 
INS do request files

Here is what my lawyer told me. "There is 100% chance NSC request file form I-140 approval centers as it wants to make sure there is inconsistencies between your earlier applications and I-485. They have access to all of your information including H1Bs thru their network. But they don\'t have the copy of your earlier paperm work".
Lawyer also told that he can send letter to VSC stating my I-485
is in NSC and to NSC earlier request for files form VSC. But only
\'HE\' who knows when all this DRAMA is over.
 
Advise

My advise is talk to IIO first and get his reactions and follow up with the lawyer regularly. This is my experience and little different. Mine labor and i-140 got cleared from NEBRASKA, my employer and where I works/stay are in NEBRASKA. Unfortunately my lawyer mailed my 485 applications to VERMONT. Vermont issued the receipts,ead and got finger prints all fast by 5/10/2001. The real situation starts from there. Vermont sent a letter saying that your case is being transfered to NEBRASKA. Nebraska updated the AVM on 9/10/2001 saying that we received and it takes 350-380 days etc..., this message is a shock, but atleast they got the documents. I spoke to IIO, his answer was same as AVM, it is not our fault , as we got on 9/10/2001 , so this is the receipt date . I am just followed with the lawyer regularly. They spoke with the INS and they told me my case will be taken into action on jan\'2002.

finally I got reference on 1/25/2002, which is a good news to start as they opened the file and REF was for EMPLOYER LETTER TO CONFIRM STILL IAM WORKING WITH THEM. THE SAME LETTER WHICH WE SUBMITTED WITH THE APPLICATION RESEND TO INS with the current date. INS received on 2/10/2002 AND APPROVED MY CASE ON 2/25/2002. With the help of curtesy copy got stamped at DETROIT on 3/8/2002.

Please note INS NEBRASKA, is issuing references at most of the cases for EMPLOYMENT LETTER. so don\'t worry, just request your employer to give same letter with current date.

secondly Lawyers may say wait until they send orginal approval notice from the lawyer firm. This is not required for stamping, just go with curtesy copy and get stampped on passport. carry EAD/I-94/PASSPORT ETC.. my case still I am waiting for original approval from my lawyer, who yet to get some dues from employer.

in Short my I485 RD - 1/10/2001

 ND 1/18/2001

FP 5/10/2001

CASE TRANSFER TO NEBRASKA FROM VERMONT ON 5/30/2001

NEBRASKA RECEIVED ON 9/10/2001

REF ON 1/25/2002

REF REPLY RECD 2/10/2002

APPROVED ON 2/25/2002
STAMPING ON PASSORT 3/8/2002 AT DETROIT.

Best of luck to every one who are waiting still.

abc
 
Gotsc

Yes..I just recently filed my I-485..I did fill A# from my I-140 approval. I think that\'s what you are supposed to do. It must be included....

BTW, I am also in same boat. My I-140 approved from TSC but my attorney filed I-485 at NSC becase I live in CO...

Thanks!
DESI_123
 
We are not sure whether an INS center will still request i-140 documents from the other center if we

 
 
Its all patience now........

I think more or less i am convinced that there is a very good chance that my application for I-485 will have to wait for some extra time than usual due to this filing scenario.

I cud not talk to my lawyer though as she is out of the country until the 7th of april. A lot of u guys have made some very good points, esp thanks to Tiredof485 for explaining his own exp and some of his friends for the 4 month wait period.

There is a chat session tomorrow, March 25 on Sheela\'s Murthy\'s site, i\'ll try to catch on that and post this query there and see what reply i can get.

Otherwise more or less i am getting set on my gameplan (it was hard to face the reality when i first found out about this scenario i am in :=))

It appears that for my case it will take a little extra time (hopefully)......

INS nebraska is running atleast 1 month ahead right now and if they carry on with same speed and luckily increase it a littlethen my date will become current somewhere around end of October or November this year. I am planning to wait another 3-4 months before i\'ll start exploring other options like contacting the congressman, etc.

And who knows in another 8-9 months, INS nebraska stop transferring files and process our cases immediately.

I tend to agree with Tiredof485 that if given appropriate time it will turn out eventually, however once the intial 12 months are past i\'ll try to stay more proactive and vigilful

Thanks, all u guys!!!!
 
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