Please advise......need help! 485 issue

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rajb00

Registered Users (C)
I work for a company based in Ohio but I live and my client is in Texas. I got my I140 approved at Nerbraska. My attorney applied for my 485 last month at Texas service center. When I asked him why not at Nebraska he said my location is in Texas. But Texas is very slow. He is now suggesting that he can apply again at Nebraska (with a justification letter) and withdraw application from Texas. I'm worried whether Nebraska will accept the application and transfer it to Texas. I'm not sure what to do! Guru's, seniors or anyone please advise. Your advise can save me lots of time in processing. I greatly appreciate your response. Thanks in advance.:confused: :confused: :confused:
 
If your company is based in jurisdiction of Nebraska, you definitely have the option to apply your I-485 in Nebraska. Obviously your lawyer is not too knowledgeable.

If the application is filed in Nebraska, it should not be transferred to Texas SC. I know someone who filed in Vermont and live in Florida (Texas jurisdiction). He got his approval from Vermont.

Of course a percentage of applicants is transferred to a local INS for processing. This could happen to anyone.

Remember I am not a lawyer. Take my advice at your own risk.
 
Thanks!

Thanks a lot for your reply. At point of application processing does INS decides to tranfer the case ( specially in my case from Nebraska to Texas)? Is it before Notice date? Thanks everyopne out there..specially TSCHopeful for sharing his great thoughts.
 
You can withdraw and apply again at Nebraska but again that is pain. You shouldn't have allowed your attorney to apply at Texas. You have to wait till your application is forwarded to Nebraska or refiled and how long did your attorney said it is going to take. Take all those into consideration before making final decision.
 
rajb00,

I don't think you should assume that if you file in Nebraska, your case will be transferred to a local office in Texas. There is a better chance that your case will be transferred if you move to a different State AFTER filing your I-485

If INS chooses to transfer a case to a local office, it is usually done after FP is done.

Hope this helps.
 
My attorney mentioned that I not move as that would possibly have my case transferred to the Local office, which is Dallas. According to him Dallas Local office Transfers get stuck in a limbo for a LOOONG time.

Just a thought, if you happen to live in Dallas; as your case with different Service Center etc. may invoke a transfer.

Just my two cents....
 
Thanks bkd52

bkd52, I'm from San Antonio. Are you saying that my case may get transfered to my local office if I apply at Nebraska center and transfering can cause long case delays?
:confused:
 
BKD52's case is different from yours. As I mentioned, if you move (especially to a different state) AFTER filing I-485, there is a higher chance that your case will be transferred to a local office as INS may want to verify that you are still with the sponsoring company and if not, that you comply with AC21.

In your case, you are applying in Nebraska because your head office is in Ohio. Your address and place of work (in Texas) is already established in your original filing of I-485. There is no reason for INS to suspect that you have left your sponsoring company.

That said, I will repeat the fact that ALL applicants stand a chance that their case be forwarded to a local office. I do not believe your case make it a compelling reason for INS to do that.
 
Thanks again TSC Hopeful

TSC Hopeful, If I apply at Nebraska service center, where will my FP will be done? (In San Antonio). If so will this cause a problem? I'm asking you since you already know someone who was in similar situation. Your responses have been very helpful. Thanks once again.
 
You will get your finger printing notice nearest to your residence mentioned in the 485 application form irrespective of where the 485 is filed. Yes, you will give your FP in San Antonio INS office if there is one or the nearest one to your residence.
 
Like what coolboy said, it will be done in San Antonio. And no, it will not cause any problems. A lot of big companies have locations all over the country. Say example Intel. They are based in San Jose, Ca, but may have an office in Houston. They will apply I-485 for their employees who worked in Houston thru California INS (not Texas INS).

Cases like this happens ALL the time.
 
This is my case. I lived in KY while filing my I-485. But my employer is at NJ. My lawyer applied at TSC because I lived in KY. Immediately after applying, I moved to CA. I received my EAD, AP at my new address in CA. But until today my case hasn't been transferred to CSC or Local center. Couple of days ago, I got my finger printing notice from TSC to appear at Cincinnati INS service center[Which was the closest one to my old address].

When I moved to CA, I sent AR-11, address change form to INS in Washington. After getting my FP notice, I called National service center and I was asked to approach local ASC in CA. Today I took my FP notice and just dropped in to enquire about my case. Luckily I was asked to give my finger printing by today itself at local ASC! Originally it is scheduled on 04/03/2003 at Cincinnati INS. They also changed my address details in my TSC DB. When I asked where the decision would be made, I was told that it will be at TSC not at Local INS! I don't know how far this will be true.

RD - 03/21/2002
PD - 03/22/2002
ND - 03/22/2002
FP - 03/25/2003

TSC
 
Thanks!

Thanks a lot specially TSC Hopeful and Coolboy for your posts. It indeed helped me. I greatly appreciate your help! I will keep you posted with my case details
 
Thanks Guys!

I reapplied my I485 from Nebraska on April 1, 03. I got my finger print notice today in mail. Thanks for all your advices. Good luck all!
 
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