I485 denial from NSC

A

anon2001

Registered Users (C)
Hello
I encountered this with a colleague. He was approved for a I140 from TSC (self petitioned EB2-NIW). Subsequently he worked through the midwest. I485 was applied at NSC. This was denied on the basis that he worked only in the midwest and not in the jursidiction of the TSC.
Can that be succesfully appealed??
Thank you.
 
Strange

Something very strange about this. I have never heard of a denial for this specific reason. Did he file addendum I-140s when he transferred to the job in the mid west. Also, how many jobs did he change, when you say he worked "through the midwest" does it mean he took ER gigs or locum tenens?
I think we need a little more details to figure out what went wrong.
It is nevertheless alarming to hear of any 485 denial after 140 approval.
 
True. Here are the details. The I140 was applied in TSC 2/t the lawyer having an office there. He was working in MI at that time. Then he did fellowship and worked on his EAD, pending I485.
One job as an internist, and then again after specialization, one job. No locum tenems, ER post etc.
 
Big f%(@up by the lawyer. You apply to the service center the CLIENT lives and works in, not the one where the attorneys office is located. (and there is nothing like filing at the processing center where 'the attorney knows people')

Sorry for your friend, but TSC might be correct in denying this I485. However, your friend could go back and file another I485 with NSC based on the already approved I140.
 
I140 is filed where the intended place of work is located.

I485 is filed where the alien lives at the time of application.

Typically, both are the same. But if you live in NY but your prospective employer is in Kansas, you have to file in NSC.


I am still not sure how this came about. Did he file a NIW for a practice location in TX but then did't work there or what ?
If you file a I140 NIW, you attest that you are practicing full time in that location. If you file your I485 half way accross the country, it could raise some questions.
 
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There are still a lot of unanswered questions here. If he had no job/prospective job in Texas then clearly that Lawyer screwed up big time.
Additionally, I think your friend was rather brazen to then proceed to do his fellowship on EAD then work in another field/specialty all before adjudication of his 485. It seems like there was more than one errors here.
 
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There are potential situations where filing an I140 NIW at one service center, but the I485 at another. And that would be if someone did his entire 5 years while being in H1b status and only files the I485 after completion of the committtment and after moving to a different service center jurisdiction.

(this story sounds like someone else who was 'smart' by filing a NIW and then using the EAD to do something else, e.g. locums and fellowship.)
 
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