Urgent advice needed - where to file 485!!

D

dallas_boy

Registered Users (C)
My first time around here. This is a great forum! Thanks to Rajiv Khanna.

I work for a consulting firm based out of Oakland, CA. I am working on a very long term client project in Dallas, TX.

My 140 got approved and attorney about to file 485. Need your advise.

Details:
LC - EB2, subst (Original LC aproved from SFO, CA) and the item no.7 [where the alien is going to work] in the LC says: Multiple locations

140 - applied and Approved from CA.

My residence has always been in Dallas, TX as i am on a very long term project here at a client location.
While filling the 485 form, i observed that it has to be sent to the INS center governing the area of jurisdiction of my residence.

Now i am getting a lot of doubts.
Am i allowed to file for 485 from CA INS office ?

If my 485 gets applied to CA INS office, then:

1. How will my EAD be processed ? Do i have to go to CA to file for my iEAD and for fingerprinting?
2. Can i safely use my Dallas address on the 485 too (i had the same address on 140 too)?
3. Because of my continued residence in Dallas, Will the INS CA office transfer my case to INS TX office in Mesquite ? Or at the time of adjudication of 485, will it be transferred to the local INS office in Dallas, TX ?
4. Does anyone have an idea what time lines will get applied to it, if at the time of adjudication of 485, my case gets transferred to Dallas office or to INS TX office at Mesquite ?
5. Is it possible that it can get approved at CA INS office without being transferred ?

I know these are lots of questions, but my attorney has also warned me that if the case gets transferred to TX office or Dallas office, it may take that much more longer.

Any one who had been in a similar situation as above, please advice me.

Thanks

D_B
 
Hello,
One of my friend works in my project and he is been here (Raleigh,NC) for more than 3 years. All of his papers were filed in Vermont and he got approved couple of months back. Again please seek advise from others...all the best...
 
Originally posted by sony97
Hello,
One of my friend works in my project and he is been here (Raleigh,NC) for more than 3 years. All of his papers were filed in Vermont and he got approved couple of months back. Again please seek advise from others...all the best...
Click to expand...
Sony
Could you please provide more details on that case:

1. was his labor from Vermont area?
2. did he file 140 and 485 from vermont area though he had been continuosly in Raleigh, NC?

thanks a lot
d_b
 
Yes,
He filed his 485 in vermont even though he was working in Raleigh. Hope this helps
 
dallas_boy, for clarification!

Your I-140 got approved for a consulting firm based out of Oakland, CA, am I right? In that case, you should apply for your
I-485 at California Service Center (CSC). It is the consulting firm that is offering a permanent position (work location is multiple as the LC stated and the firm is based out of Oakland, CA) and based on that and an approved I-140 you will apply for I-485 under CSC. In your case it would be wise to apply for your I-485 at CSC and not at TSC. CSC is in much better shape in adjucating cases anyway, so lucky you that you do not have to deal with TSC, hopefully. I know about this specific case of one of my friends: he works in North Carolina for a company, however, the company's head office is under the jurisdiction of Vermont Service Center, so his smart attorney took this (every and any opportunity, as smart and good attorneys always look for) opportinity to apply for his I-485 under VSC and everybody knows VSC is much better than TSC, no doubt about that. So here are the possible answers to your questions (please note that I am not an attorney and I always request people to consult with a good attorney as for example, attorney Rajiv S Khanna):

1. Your attorney will file for your EAD at CSC. As I know: You always apply for your IEAD at a local office near to you.

2. You will use Dallas address as your residence address and of course, it is safe to use that address.

3. CSC will not transfer your case to Dallas just because you live in Dallas, however, please remember that CSC has the right to transfer your case to a local center (district office) and CSC (all service centers for that matter) does trasfer a small percentage of cases to local centers (district offices).

4. Good question indeed! TSC's time frame is highly unpredictable. In adjudication of cases, it seems that TSC does not follow any logical reasoning. By the way, do you know, what does TSC stand for: Not only it stands for Texas Service Center, it also means (!) the Tortoise Service Center, The Slowest (Service) Center, The S**t (B**l) Center and so on. Anyway, if your case gets transferred to a local district office, it may take anywhere from six months, one year to two years (and who knows for sure!). I do understand this: CSC has the right to transfer your case to a local office. I do not understand this: Why CSC would transfer your case to TSC. Please remember, your sponsoring company (consulting firm) is based out of Oakland, CA.

5. Yes, it is possible that your case might be approved in CSC without an transfer, and I hope and pray for that for you.

I wish you all the best.
I wish everybody (including myself) under TSC all the best.
 
Thanks a lot Alam!!!

Thanks a lot for the exhaustive reply.
As you suggested, i shall call in (most probably Rajiv Khanna's office) for a counsel on this.

Yes, you are right in that my H-1 is being held by Consulting firm from Oakland, CA (there are no other branches anywhere in U.S) and in Dallas I am at a client's place.

Thanks again!

D_B
 
some more clarifications ..

1. I came to know of this case recently. I had this friend who always worked in Denver (Nebraska center) and whose employer is out of the NJ (vermont area). His labor(multiple locations), 140 everything was from NJ. They sent his 485 to the Nebraska center and it got promptly returned to their attorney in 2 weeks asking them to send it to VSC. (which means the 'file at office so that INS jurisdiction governs the residence' rule didnt apply).

2. Similar case of another friend who is in Florida and whose employer is in Nebraska ..got his labor, 140 from nebraska and applied 485 at nebraska and successfully obtained his EADs and also got his FP done in Florida (though the FP notice came from Texas center - Does this have a chance that the case is going to get transferred to TSC bcos the notice came from TSC ??).
 
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