Please respond - Can we file I-485 from a different state then Labor and 140.

N

nkimmigration

Registered Users (C)
Hello Guru's,

Desperately need your help. I got my I-140 approved from MA, but just as it was being approved, got transfered to Atlanta GA. Now I come to know that my I-140 that was applied in MA has been approved, approval notice is with the company lawyer.

Can I still apply for I-485 while working in Atlanta?

It is the same job, same company and same everything. Just the change in place.

Has anyone been in this same or similer situation. Thank you very much in advance for all the help.
 
Not advisable...

The 485 has to be filed where the labor was approved from and in your case even the 140 is approved form there so it is advisable to file it from the same center to avoid delays due to case transfers.

In any case, see what your filing lawyer says. He / she should be a better judge in your case.

will_get_there
 
The underlying Labor has to be cleared for any state in US. If thats the case than you can file in other center which has the jurisdiction where you are currently staying.
For eg. if a labor is filed from North Carolina for multiple locations within US then I140 has to be filed in TSC but once the I140 is adjudicated you can opt for NSC for I485 if you are staying in minnesotta. So in essence you can do it and based on your current location I think you can file in TSC but why would anyone want to do that.
Vermont is any day faster than Texas. Those darn cowboys just now how to graze cattle..
You can also let your current center process it for you.
 
My case is similar... My LCA approved from Chicago. and I recently got project in GA and while filing I40/485 concurrent, I asked to attorney, where they are going to file. They told me that It should be El Paso Taxes becuase of my current location. So I stucjk with these cowboys...
 
Thanks all... need more guidance

Thank you very much all. I still need more guidance. Accoring to the lawyer I will have to go through the whole process of applying for labor then 140 and then 485 all over again. I think this is sort of not completely true. Since it is a company oursourced law firm, I feel that they just want to make more money applying more applications and getting stuff delayed.

How do I approach this.

I am already in Atlanta, din't had any choice.. either that or had to quit the job. Couldn't quit the because the 6 years is about to be over, can only extend it with the same company.. since they are the ones doing the GC.

Thanks a bunch..
 
doesnt matter..

it doesnt matter where you file the I-485 .your file is going to redirect to
your Home place where you filed labor and I 140,in your case Vermount.

I read this on murthy.com [chat section].I would suggest you to read the chat messages of attorney murthy.

So go a head and file your I 485 at TSC !!

Good Luck
 
Hello Gurus.. the Lawyer says NO.. please please help!!

The lawyer now says, since the I-140 was approved after I moved to Georgia, we can't use the I-140. So wants me to start the labor all over again.. that too according to the company ristrictions in non - RIR. And Georgia is extreemly slow.. still stuck in Apr 2001 since past 2 years. Very worried ... Please help.. Any sujjestions are welcome.

Thanks a lot for your time,
-..
 
dude, talk to a qualified lawyer like murthy.. should be less than 200.. All you need to verify is that your labor clearance was for any state in US.. Thats the bottom line..
 
Not so good.. :(

Thank you folks for your responses. I did talk to a local lawyer, and accordingly the company has to provide with documentation stating my current job location is temporary and that I am employed from the MA, where originally the I-140 was approved. Then, once we file the 485, six months down the road they can claim to have made my current location permanent.

Very unlucky for me, the company is not ready for any such stuff. :(
 
File 485 on your own, if you do not have any options then let the company do the whole process again, you apply 485 on your own using the approved 140, give it a shot if you feel the risk is not too much.
Nobody but you can feel the pain that you are going thru. Hope everythng works out.

-jd
 
Don't have approved i140 notice

Thanks JD, but I don't have the approved I 140 with me. It is either with the company law firm, or the HR. Not sure what reason to provide, if I want a copy of it. Not likely I can get it.

Thanks for the thought though.

-NK..
 
Your attorney is either useless or goes exactly by the book.. If you are working for the company it does not matter where you work.
If attorney is going by book without deceiving you tell him that after six months you are going to move back to same location. He will file the I-485. I-485 requires you to work at specified location after its approval. After six months place of work or employer does not matter.

If want to find some other attorney and file it, you need to have little bit co-operation from either attorney or company. If company supports you then new attorney will get the required document from old attorney. It is very simple work for them.

Also refer to following discussion:
http://www.immigrationportal.com/showthread.php?t=146962
 
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