Transfer to local office - Need Help

S

swetharao

New Member
Hi,

I need some help in my situation.

I have my EB2 labor (Oct 2006) and I140 (Nov 2006) got approved in May 2009. I still stay in my H1B visa. But I have EAD & AP. Both me and my husband applied for I485 in July 2007. My husband started working in EAD from 2008.

My husband had applied his EB3 labor in Mar 2005 (old process). It got cleared and he applied his I140 in Jan 2008 (not sure whether his I140 got applied in EB2 or EB3). After that, we did not even follow up about it and he joined new company using EAD which he got through my GC process. Now after 2 years, today he got an email from USCIS that -

"On February 10, 2010, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our <<LOCAL OFFICE>> location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."

We moved to new house and we did not even change the address on that application. Not sure whether we need to do something now.

- We checked with his employer and he says he already withdrew my husband's I140 when he quit the company. But it does not look like he withdrew it as his case got transferred to local office last week.

- After 2 days, both of our I485 got moved to local office. What does that mean? We are not sure whether our I485 got moved to local office because of his old I140 (eventhough there is no connection between both the process)

Can any of you please advise?

Thanks,
Swetha
 
Good luck

Interesting, I hope it's a good news for you, so he can use the old EB3 priority date on his EB2 case, keep your fingers crossed and probably you can call USCIS to get more info.
 
swetharao said:
Hi,

I need some help in my situation.

I have my EB2 labor (Oct 2006) and I140 (Nov 2006) got approved in May 2009. I still stay in my H1B visa. But I have EAD & AP. Both me and my husband applied for I485 in July 2007. My husband started working in EAD from 2008.

My husband had applied his EB3 labor in Mar 2005 (old process). It got cleared and he applied his I140 in Jan 2008 (not sure whether his I140 got applied in EB2 or EB3). After that, we did not even follow up about it and he joined new company using EAD which he got through my GC process. Now after 2 years, today he got an email from USCIS that -

"On February 10, 2010, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our <<LOCAL OFFICE>> location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
----------------------I-140 is employer petition, the info for address change or to update for this I-140 is for Employer and not for you . I-140 belongs to employer.

We moved to new house and we did not even change the address on that application. Not sure whether we need to do something now.
------Your spouse dont need to do anything related to I-140 address update. You are supposed to file AR11 and update address on your and your spouse I-485 pending petition as I-485 belongs to You and not to employer.
- We checked with his employer and he says he already withdrew my husband's I140 when he quit the company. But it does not look like he withdrew it as his case got transferred to local office last week.
------- I dont think he withdrew the I-140 and it is good for your spouse if that I-140 gets approved. Employer may have informed his lawyer to withdrar the I-140 but lawyer may have not sent letter to USCIS.

- After 2 days, both of our I485 got moved to local office. What does that mean? We are not sure whether our I485 got moved to local office because of his old I140 (eventhough there is no connection between both the process)
------------------------USCIS has its own criteria to transfer files to local office. Nothing wrong if both I-485 files are transferred to local office. Local office will send you interview date letter when your PD is current.
Can any of you please advise?

Thanks,
Swetha
Click to expand...
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i can understand the apprehensiveness but would not worry too much about it. I had a similar case (I-485 file was transferred to local office) and neither my attorney or USCIS interviewing office could offer an explanation as to why! Bottom line, I was called for an interview, like i mentioned before, and it was a smooth process ( my attorney also came along for 'support') so don't worry too much and good luck! (get ALL you documentation together)
 
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