I140/I485 restricted to filing from where labour is filed

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
 
Check following:

1) If you file 140/485 concurrently: You need to send both (I-140/485) at the service center that has jurisdiction over job/employer location.

If you file 140/485 separately: In this case, I-140 goes to service center having jurisdiction over job/employer location and I-485 can go to same INS service center or one having jurisdiction over beneficiary location.


2) Check answer 1

3) EAD at the same center where I-485 is pending
 
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Hi,

Thanks for ur reply.

My questions are after ur replies:

1) If you file 140/485 concurrently: You need to send both (I-140/485) at the service center that has jurisdiction over job/employer location.

In the above case, job location would be ur current job location [same as ur place of residence] and employer location would be the location where the employer office is.
Did i understand that correctly?

What i am trying to find out is as u mentioned that i can file from either the job location or employer location? Does the employer location mean any location where the employer has an office or just the headquarter office of the employer?

Coming back to my question 1 in my original post, if Chicago is a regional office of the employer with New jersey being the headquarters, if labour is filed from Chicago and gets approved, can i file I140/I485 from New Jersey? In this case both Chicago and new jersey are employer locations whereas my actual job location is in a third place[diff service center]. Since both are employer locations, even if my labour is from Chicago, i should be able to file from New Jersey.

My question is does labour filing location has any bearing on ur filing location for I140/I485? I should not be restricted to filing I140 and I485 only from the location [service center] from where i filed labour.

This is what i need to know which is critical for me to know.

If you file 140/485 separately: In this case, I-140 goes to service center having jurisdiction over job/employer location and I-485 can go to same INS service center or one having jurisdiction over beneficiary location.

In this case, beneficiary location is ur current place of residence which is same as ur job location. is that correct?

2) Check answer 1

3) EAD at the same center where I-485 is pending

Would appreciate if u can clarify.

TIA

PP
__________________
 
I-140/485 will go to the service center that has jurisdiction over place from where the LC was approved.
 
Hi usnycus,

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? I should be able to file I140/485 from NJ[Vermont] even if my labour was approved from Chicago[Nebraska] based on the above? Would that cause any problems?

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.

I got a similar response to one of my posts too .

Pls clarify the above for me.
 
I-140 jurisdiction:
(1) Job site as shown on labor certification application
(2) Main business office location of the employer if the labor certification was filed for undetermined location
(3) If employer has a sole jurisdiction arrangement with any Service Center, that Service Center has jurisdiction over I-140, however, the Service Center that has jurisdiction over the job site on the labor certification may also be able to exercise jurisdiction over the I-140
(4) If a self-petition, where the alien resides.

I-485 jurisdiction
It is determined by the alien's place of residence.
In any event, the best policy is to file I-485 with the Service Center which has jurisdiction over the I-140, no matter whether I-140 has already been approved or still pending.
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One can do that provided LC was filed for Multiple location.
 
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.
Attorney is right. Check previous posts, section(2)

Is that true? I should be able to file I140/485 from NJ[Vermont] even if my labour was approved from Chicago[Nebraska] based on the above? Would that cause any problems?

I guess if you show that Chicago is the Head-Office during LC and NJ afterwards, you can get away.

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 ?

Submit 140/485 at the same service center. Also keep updating them regarding address change during AOS

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

Your address change is not going to affect pending 140 or 485.


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.

Attorney is right.
 
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