relocating after filing NIW, etc

R

resal_looc

Registered Users (C)
Dear all,

I have a couple questions for experts on this forum.

1. I filed NIW (I-140 only) while doing my post-doc under center A. I got a job offer, from a company, in the same research field but under center B. I asked my attorney if I could relocate while keeping the same petition, and the answer was yes. I wish I had asked around this forum. Could someone confirm?

2. Suppose my I-140 succeeds, then during the I-485 stage, should I file at center B? Has anyone had experience of this?

Thanks a lot!
 
resal_looc said:
Dear all,

I have a couple questions for experts on this forum.

1. I filed NIW (I-140 only) while doing my post-doc under center A. I got a job offer, from a company, in the same research field but under center B. I asked my attorney if I could relocate while keeping the same petition, and the answer was yes. I wish I had asked around this forum. Could someone confirm?

2. Suppose my I-140 succeeds, then during the I-485 stage, should I file at center B? Has anyone had experience of this?

Thanks a lot!
Click to expand...

1. Your lawyer is partly correct. You should ask to have the petition moved to center B. As soon as A finds out you have moved, they'll transfer it to B anyways.

2. I would file the I-485 concurrently as soon as your file makes it to B.

Brian
 
thanks for your input

1. Would this relocation negatively affect my case either at center A or after moving to center B? If it gets moved to center B, what should the RD/ND date be?

2. My attorney advised me to file I-140 alone, just to be cautious. If I add I-485 now, does it make my case concurrent?

Thanks again!
 
resal_looc said:
1. Would this relocation negatively affect my case either at center A or after moving to center B? If it gets moved to center B, what should the RD/ND date be?

2. My attorney advised me to file I-140 alone, just to be cautious. If I add I-485 now, does it make my case concurrent?

Thanks again!
Click to expand...

1. You will retain the same priority date. Where your file ends up at center B is a crap shoot. May as well get it over there ASAP.

2. Your lawyer is cautious with good reason. If you did file now, it would become concurrent.

I used the word priority date instead of notice date because, according to Carl Shusterman, the priority dates for employment based immigration will soon start to regress. They have been current for a number of years but that is about to change. In the past, this was especially hard on those from China and India, which provide so many scientists to the US. I would expect would-be immigrants from those two countries to be impacted again this time. If I remember right, EB-1's were delayed an additional 6-12 months for India, China, Mexico, and Philippines.

Brian
 
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