I140/I1485 after Labour Cert queries

P

prameshsh

Registered Users (C)
Hi,

I had a question regarding labour certification and the subsequent filing of I140 and I485.
I would appreciate if someone can let me know the answer.

1] I would like to find out whether filing labour from say [e.g Chicago ]is going to restrict someone in filing I140 and I485 only from Chicago i.e Nebraska service center?
Someone would like to have the flexibility of filing those 2 stages after labour from either e.g NJ [the company's headquarters ], Chicago [ from where labour is filed] or that person's current place of residence.[This is considering that Chicago labour approval would come before NJ approval]

2] I also heard that one is restricted to filing those 2 stages [140/485] from one's current place of residence [ e.g say SC] only and not from the company's headquarters[e.g NJ] or from the place that person filed his/her labour [e.g Chicago] . Is that true ?
[since that would mean filing from Atlanta [region for SC] which is much more worse ]

2 things would like to know:
a] whether i am restricted to filing I140 and I485 from the place where labour was filed i.e if filed from Chicago, can i file from NJ or anywhere else as well?
b] whether restricted to filing from the current place of residence for 485 irrespective of where my labour is filed from [ e.g Chicago or NJ]?

3] Do u need to file EAD from the same place where u file 140/485 or can file from where labour is filed or from current place of residence also?

I would appreciate if u can let me know the above so that i can accordingly move forward.

TIA

PP
 
Originally posted by prameshsh
Hi,

I had a question regarding labour certification and the subsequent filing of I140 and I485.
I would appreciate if someone can let me know the answer.

1] I would like to find out whether filing labour from say [e.g Chicago ]is going to restrict someone in filing I140 and I485 only from Chicago i.e Nebraska service center?
Someone would like to have the flexibility of filing those 2 stages after labour from either e.g NJ [the company's headquarters ], Chicago [ from where labour is filed] or that person's current place of residence.[This is considering that Chicago labour approval would come before NJ approval]

2] I also heard that one is restricted to filing those 2 stages [140/485] from one's current place of residence [ e.g say SC] only and not from the company's headquarters[e.g NJ] or from the place that person filed his/her labour [e.g Chicago] . Is that true ?
[since that would mean filing from Atlanta [region for SC] which is much more worse ]

2 things would like to know:
a] whether i am restricted to filing I140 and I485 from the place where labour was filed i.e if filed from Chicago, can i file from NJ or anywhere else as well?
b] whether restricted to filing from the current place of residence for 485 irrespective of where my labour is filed from [ e.g Chicago or NJ]?

3] Do u need to file EAD from the same place where u file 140/485 or can file from where labour is filed or from current place of residence also?

I would appreciate if u can let me know the above so that i can accordingly move forward.

TIA

PP
Click to expand...

You cannot decide the service center for filing your 140. Your employer will file it to the service center depending on its location.

485 should be filed in the service center depending on your (primary applicant's) place of residence. You may file to a different service center but USCIS will transfer your case to the appropriate service center after initial check. This may delay your process (atleast by 6 months - 1.5 year depending on when your case is transferred and to which service center it is transferred).

EAD is generally sent to the service center to which you sent your 485.

hth
dyno
 
dynobuoy:

My understanding is that, EAD is based on I-140.

According to that if I-140 is filed at a different center than EAD/I-485 won't there be a delay in cross referencing always?

You are saying that EAD is filed where the I-485 is filed and I-485 SHOULD BE FILED from the place you are living in. Are you absolutely sure about that?
 
Originally posted by al_paso
dynobuoy:

My understanding is that, EAD is based on I-140.
That is NOT correct! EAD is based on 485, meaning you should be in AOS status to apply for EAD.

According to that if I-140 is filed at a different center than EAD/I-485 won't there be a delay in cross referencing always?

You are saying that EAD is filed where the I-485 is filed and I-485 SHOULD BE FILED from the place you are living in. Are you absolutely sure about that?
Yes I am sure.
hth
dyno
Click to expand...
 
If it is concurrent filing then better file I-140, I-485, EAD AP in the service center that covers the area of employer headquarter or main office.

If only I-140 is filed that has to be filed by employer that covers the service center of employer office.

Once I-140 gets approved one can file I-485, EAD AP with the service center where employee is residing.

Normally at this time most of the companies file I-140, I-485, EAD, AP with the service center that cover the employer head office and it is beneficial for the employee because you get early PD of I-485 filing while I-140 is pending and you become eligible for AC21 early the day I-140 is approved because I-485 will still be pending
 
dyno and ginnu..

Thanks for your replies..

Here are my details:

My case was filed by the lawyer from Nebraska SC.

The job location mentioned in the original LC is in Kansas whereas the head office is in Baltimore. My company has a branch office in Kansas.
I live in the Baltimore metro area.

My I-140/I-485 and EAD were filed in NSC. This was a concurrent filing.
Will that be a problem?
 
My I-140/I-485 and EAD were filed in NSC. This was a concurrent filing.
Will that be a problem?

_________ no problem, also file AP with NSC you can do it your self
 
Thanks Ginnu..appreciate the feedback!

And yep that is the plan..file AP by myself...seeing that this is such a wonderful forum and people here are so wonderful and willing to help each other, with some information from here and some research on my own, I plan to file it as soon as I get my receipts!!
 
Hi ,

Pls help me understand better.

My question was , with my company's headquarters in NJ and an local office in Chicago,
If i file my labour from Chicago and get that approved, can i file my i140/I485 from my company headquarters in NJ? i.e labour from Nebraska and I140/485 from Vermont?

I have been told by lawyer that this can be done by not specifying the service center in the labour application which gives the flexibility to apply from a diff service center later on for the next 2 stages.

Is that true?

Secondly, my current place of residence is NC, does that mean at the time of filing I140/485 , i would need to file from NC ?

What happens if u move to a diff state before I140/485 gets approved [may be in the same or a diff service center].

The lawyer said that becoz of this , most companies file I140/485 from their headquarter location only irrespective of the place of the residence of the applicant, that way one need not worry about moving from place to place and thereby affecting the GC process.

Pls clarify the above for me.
 
prameshsh

The basis of an "Employment based" green card is the job location and not the company head quarter location. A company maybe based out of California but may have a branch office in Hawaii !!.
If the LC petition is for a job in the Hawaii office then the LC has to be filed with the DOL that serves Hawaii and consequently I-140 has to be filed from the SC that serves Hawaii...
That much I know for sure. Even in the approved LC cover letter the DOL will actually tell you to file at such and such Service Center that serves the job location jurisdiction.
I was not clear about AOS and EAD but based on the above posts you can get a pretty fairly good idea.

I would suggest that you file your LC from Chicago if the job location is in Chicago to make the petition bonafide and then file all the other stages as well from that region.
It does not matter where you move during the process, as long as you update BCIS so that and that too just to get all the mailings from them properly but when you get your GC you are expected to be at the job location where your original LC was filed.

Hope that helps.
 
Originally posted by prameshsh
Hi ,

Pls help me understand better.

My question was , with my company's headquarters in NJ and an local office in Chicago,
If i file my labour from Chicago and get that approved, can i file my i140/I485 from my company headquarters in NJ? i.e labour from Nebraska and I140/485 from Vermont?

I have been told by lawyer that this can be done by not specifying the service center in the labour application which gives the flexibility to apply from a diff service center later on for the next 2 stages.

Is that true?
At the time of filing your 140/485, if you live in the jurisdiction covered by the service center you will not have any problem. In your case since your employer has office in both location they can file from any one of the service center. But to avoid RFE in the future your company lawyer may suggest to file in Nebraska. But however depending on your residence address, 485 MAY be transferred to your local office


Secondly, my current place of residence is NC, does that mean at the time of filing I140/485 , i would need to file from NC ?

Yes in 485 application you have to specify your current residence.


What happens if u move to a diff state before I140/485 gets approved [may be in the same or a diff service center].
Fill form AR11 and send it to the service center you have filed.
The lawyer said that becoz of this , most companies file I140/485 from their headquarter location only irrespective of the place of the residence of the applicant, that way one need not worry about moving from place to place and thereby affecting the GC process.
I am not sure what would you specify as the residence address in your 485. Anyways any alien in thjios country should file AR11 when his address changes as per federal regulations. Confirm with your attroney how he is going to address this issue?

hth
dyno

Pls clarify the above for me.
Click to expand...
 
TO Dynobuoy

I had applied for 140/485/EAD/AP to Vermont. My company's office is in PA and my address is in NY. I am soon moving to MA.

According to your advise, I have to file AR-11 form with VSC. Since MA is also under Vermont jurisdiction, will my case be transferred to another service center, leading to me losing precious time in my 485 process?

Thanks
 
Re: TO Dynobuoy

Originally posted by worldcitizen
I had applied for 140/485/EAD/AP to Vermont. My company's office is in PA and my address is in NY. I am soon moving to MA.

According to your advise, I have to file AR-11 form with VSC. Since MA is also under Vermont jurisdiction, will my case be transferred to another service center, leading to me losing precious time in my 485 process?

Thanks
Click to expand...

I indicated the case MAY (all capital) be transferred to Local office. That is because, there are no set rules governing the transfer of cases to local offices. It is entirely the discretion of the adjudicator.

In case if it is transferred, it is most likely to be transferred to the Boston Local office, which in some cases is better than VSc.

hth
dyno
 
Re: Re: TO Dynobuoy

Originally posted by dynobuoy

I indicated the case MAY (all capital) be transferred to Local office. That is because, there are no set rules governing the transfer of cases to local offices. It is entirely the discretion of the adjudicator.

In case if it is transferred, it is most likely to be transferred to the Boston Local office, which in some cases is better than VSc.

hth
dyno
Click to expand...

I am sorry that I didnt quite get it. How can it get transferred to Local office? It should get transferred to CSC or TSC or NSC depending on whether I move to Calif or the south or Midwest right.

I thought that 485 is done by the 4 Service centers. I dont understand how the local office comes into the equation. Pls clarify
 
Re: Re: Re: TO Dynobuoy

Originally posted by worldcitizen
I am sorry that I didnt quite get it. How can it get transferred to Local office? It should get transferred to CSC or TSC or NSC depending on whether I move to Calif or the south or Midwest right.

I thought that 485 is done by the 4 Service centers. I dont understand how the local office comes into the equation. Pls clarify
Click to expand...

Usually the case is transferred to the local office. If USCIS feels that your case had reached the wrong service center, they assign the case number and transfer it to the local office. The local office will then based on the application may approve the 485 or may call the applicant for an interview.

Why? Thats he question many are trying to figure out!!

Search for 'transfer to local offices' in this forum.

hth
dyno
 
To Dynoboy

When u say local office, u r referring to the offices in each of the 50 states. Your are not referring to one of the 4 Service centers.

Right?
 
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