Abstract of the AILA-Vermont Service Center Liaison Meeting Q&A (4/29/04) with respect to only Business Immigration Issues:
Jurisdiction for I-140 Filings
Question: The instruction on Form I-140 state that the employee's worksite determines jurisdiction for filing. (a) If the employee's worksite is either unknown or roving, will VSC accept jurisdiction if the petitioner's principal place of business if it is within VSC's jurisdiction?
Answer: I-140's are accepted based on where the beneficiary will be working, not where the petitioner's principal place of business is located. The largest population of I-140's that we receive require labor certification. Therefore, the beneficiary's worksite would have to be established prior to applying for a labor certification and should not be listed as unknown or roving. E-13's should also have a defined work location. For all other I-140 classifications, if a work location is not indicated, we will accept/reject based on petitioner's address.
Question: (b) What if the original I-140/I-485 applications are properly filed at VSC and the employee subsequently lawfully ports to employment outside of VSC jurisdiction. Will VSC accept jurisdiction of renewal I-131's and I-765's filed from locations outside of its jurisdiction in such cases?
Answer: Filing of renewals must be filed with the CIS office that has the pending application to adjust status as a permanent resident.
Question: (c) What about NIW and EB-1-1 concurrently filed I-140s and I-485's where the applicant moves outside VSC jurisdiction prior to adjudication of the I-140. Will VSC continue to accept jurisdiction of the 485 and dependent 131, 765 applications?
Answer: Yes, if VSC accepted the I-140 concurrently with I-485, I-131, I-756, VSC will continue to accept jurisdiction over all the applications, even if the applicant moves outside of VSC's jurisdiction.