please help me....pending 485 for more than 180 days and moving to new service center

[desi74]

dear gurus:

MY I-140 approved on 20 july 2002;
I-485 recieved by NSC on 22 nov-2002 and still pending;
Went to leave on absence on June 9,2003 for 2 months;
Laid off on august 10, 2003

in the mean time i found a job in phoenix (which falls under CSC) in exact same occupation with exact same title but 20 percent salary raise.i am starting my new job on 2nd of september 2003.
My questions are:

1) my EAD is expiring on Jan 02, 2004. my new employer will not file for H1 transfer so where shud i file for EAD renewal? to NSC or CSC? Many people say that you can keep your file at same service center but keep in mind that i have already informed BCIS with my new address in phoenix. plus is it in my hands to keep my file at same service center or BCIS automatically transfer it to new service center once your address is updated? please help me on this...i am so confused...no one is able to give a clear answer.......any one who has been thru this experience, please do respond

2) is it true that u cannot apply for renewal of ead and AP beofore 90 days of its expiry date?if my ead is expiring on jan 2, 2o04, at earliest, when can i apply for its renewal

3) does anyone know how much time it takes for the file to transfer from one service center to other ?do u recieve a notice one it has been done?shud i wait for my file to be transfered to CSC and then apply for EAD to CSC?

4) i am supposed to inform BCIS with my this job change. i know many people dont but i guess we are supposed to inform BCIS as per new AC21 memo regulations but how to do that? what am i supposed to provide and where shud i send that material?

please do respond. you guys will be a big help for a confused soul who has been in trouble for last 4 months. thanks

 

[atlantabhopali]

Originally posted by desi74



2) is it true that u cannot apply for renewal of ead and AP beofore 90 days of its expiry date?if my ead is expiring on jan 2, 2o04, at earliest, when can i apply for its renewal

--> U can apply for EAD renewal anytime. The only small downside is that ur yearly cycle would start on your renewal date and not on the date of ur previous expiry. So, if you apply tomorrow and get approved on say, Dec 15th 2003, ur next EAD would expire on 15th Dec 2004.

4) i am supposed to inform BCIS with my this job change. i know many people dont but i guess we are supposed to inform BCIS as per new AC21 memo regulations but how to do that? what am i supposed to provide and where shud i send that material?

---> Yes, u are correct, as per the new Aug memo, it is better to inform BCIS. See many posts by jaxen and others regarding Aug memo. U are required to send (A) a cover letter explaining that u are exercising AC-21 (B) LEtter from new employer stating similar job duties, title, salary and start date and (C) AC-21 memos. See several AC-21 posts for templates

goodluck!

-ab

 

[desi74]

thanks ab ....but i m still waiting for answers for other questions especially where to file for ead and AP once u move to a new service center.....i just moved to a new job and my ead will expire on jan 02, 2004. ideally i want to apply to my old service center (NSC) so that i can get it before my EAD expires.....if i keep waiting for my file to be transfered (if NSC decided to transfer it to CSC) , i guess it will be too late and i have to sit home for a while before i recieve ead from new center

i found an old thread in which some one was facing a same problem in regards to a move to a new service center and subsequently where to file to renew his/her ead and ap.....and jaxen told him to file with old service center and still be able to get interim ead after 90 days at new local service center.....Jaxen, cud you please respond to it...thanks a lot

 

[tammy2]

1) my EAD is expiring on Jan 02, 2004. my new employer will not file for H1 transfer so where shud i file for EAD renewal? to NSC or CSC? Many people say that you can keep your file at same service center but keep in mind that i have already informed BCIS with my new address in phoenix. plus is it in my hands to keep my file at same service center or BCIS automatically transfer it to new service center once your address is updated? please help me on this...i am so confused...no one is able to give a clear answer.......any one who has been thru this experience, please do respond

You need to apply for EAD /AP where your I-485 is pending. In your case it is NSC.

2) is it true that u cannot apply for renewal of ead and AP beofore 90 days of its expiry date?if my ead is expiring on jan 2, 2o04, at earliest, when can i apply for its renewal

I my self applied 5 months before expiry got it approved within a month. Mine was from VSC.

1) is it true that u cannot apply for renewal of ead and AP beofore 90 days of its expiry date?if my ead is expiring on jan 2, 2o04, at earliest, when can i apply for its renewal

This is not correct. I my self and two of my friends applied 5 months prior to EAD exipriarion and got it approved . Just for information start date for new EAD is previous expiry.

3) does anyone know how much time it takes for the file to transfer from one service center to other ?do u recieve a notice one it has been done?shud i wait for my file to be transfered to CSC and then apply for EAD to CSC?

No one can say whether your case will be transfered or not Even if tranfers you do not know when. I do not think you have to wait for that. I suggest you to Just apply at NSC

 

[desi74]

thanks guys...onre last question

thank u very muh guys...i guess from wut u told and wut i have been told by my lawyer, i will apply to my old center (NSC) for my EAD and AP.

one more thing, can anyone tell me from his/her experience that if it is possible to apply at one service center and then pick up interim ead from a local office which falls under a different service center. in my case i will be applyin at NSC but i may need to pick it up from phoenix (after 90 days) which falls under CSC.....please do respond if anyone knows abt it.


please also give some guidance of how to file AC21...i shud hire a lawyer or do it by myself and where shud i sent the material. thnaks a lot.