Please help -- VSC or NSC

L

LaughingBuddha

Registered Users (C)
Here is a brief explanation about my case. This is an intentional repost with all the info. Guys please help.

5/5/2004
The company is HQed in PA and we have a branch in IOWA so we filed for labor there.. The labor got cleared preety quickly...

Now with 140 and 485 my lawyer was of the opinion that we are going to file at NSC and now all of sudden I realize that she filed at VSC... After 3 calls she decided to come up and speak with me and below is what she said.

-- UPDATE 1 --
5/12/2004
I spoke to the lawyer she admitted that the commited the mistake.

She tried to convince me that it may be a blessing in disguise if VERMONT agrees and processes the case (since they are easy, less RFEs etc). But the legal way to file it is in NEBRASKA.

She also said that VSC cannot deny 140/485 on the basis of wrong processing center, only thing that they can do is transfer it to NSC but the dates will remain same and our case will not be at the end of Queue (She was not sure about this and is going to find out more)

Second option she gave is to write a letter to VSC and have it transferred to NSC... and here to she said the dates are going to remain same. (but she is not sure) Also she was not sure how much time it takes to get the case there and if there is any kind of tracking available..

Overall she was not sure what she is going to do and how she is going to do it.

Guys please advise if you have seen/heard about something like this.
 
Hi,
I may be wrong here but why it is such big deal, looks like u filed both i-140/i-485 10 days back or so (If i am correct), in that case why can't you pull it back from VSC and file it again to NSC? you can withdraw it from VSC and can file it to NSC sam day (if this is the legel or correct way)...as far as transfer's concern, yes they may decide to transfer it to NSC but as you know that it may or may not take long time, VSC may be easy but NSC seems to be faster, am i not correct? also leaving the case on VSC's mercy makes kind of less sense, my personal openion though, but kinda surprise with the wy she replied ur questions...

anyways..thats all i can tell you as a friend, may u wanna talk to another attorny also, but def one thing you do not want to do is "wasting your time"

good luck

-manoj
 
LaughingBuddha said:
Here is a brief explanation about my case. This is an intentional repost with all the info. Guys please help.

5/5/2004
The company is HQed in PA and we have a branch in IOWA so we filed for labor there.. The labor got cleared preety quickly...

Now with 140 and 485 my lawyer was of the opinion that we are going to file at NSC and now all of sudden I realize that she filed at VSC... After 3 calls she decided to come up and speak with me and below is what she said.

-- UPDATE 1 --
5/12/2004
I spoke to the lawyer she admitted that the commited the mistake.

She tried to convince me that it may be a blessing in disguise if VERMONT agrees and processes the case (since they are easy, less RFEs etc). But the legal way to file it is in NEBRASKA.

She also said that VSC cannot deny 140/485 on the basis of wrong processing center, only thing that they can do is transfer it to NSC but the dates will remain same and our case will not be at the end of Queue (She was not sure about this and is going to find out more)

Second option she gave is to write a letter to VSC and have it transferred to NSC... and here to she said the dates are going to remain same. (but she is not sure) Also she was not sure how much time it takes to get the case there and if there is any kind of tracking available..

Overall she was not sure what she is going to do and how she is going to do it.

Guys please advise if you have seen/heard about something like this.
Click to expand...
I think I have already answered you once on the issue. Anyway with updates - it goes like this:

In error - VSC may process your case(likelyhood is really very very low). What she is trying to convince you is wrong. YOU CANNOT SEND YOUR CASE TO PLACE OF YOUR CHOICE. THERE IS REGULATION(***) REGARDING THE SAME.

VSC will not deny it that is true - cause it has no jurisdiction over over case as it is from different region. ***(Same regulation states the jurisdiction areas). But VSC can refuse to work on your case altogether - may send it back to you - may not send it back to you at all - keep sleeping on it.

VSC is not forced to send your case to NSC either - they may do so or can send it back to your lawyer. And your case will be end of the queue, if you have already got a case number from VSC(it will be considered a transfer of case). Or may not be end of the queue,if you have not got any case number from VSC. Don't read 'may' of last line more than what it is intended.

Good thing will be to withdraw from VSC and send it to NSC. If it takes long time(> 4 weeks), then file in NSC with a request to DOL to send of copy of underlying LC, explaining reasons.

Kick out your lawyer - she doesn't knows her job.
 
LaughingBuddha

I-140 jurisdiction is determined by one of the following factors:

(1) Job site as shown on labor certification application, OR
(2) Main business office location of the employer if the labor certification was filed for undetermined location, OR
(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, OR
(4) If a self-petition, where the alien resides.

Check with your employer/attorney if you are eligible for (B) or (C). If you are, then you should be fine.
 
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