VERMONT TRANSFERS I 485 cases to NEBRASKA

[suresh734]

" ON DECEMBER 20, 2003 , WE TRANSFERED YOUR I 485 application to Register Permanent Residence or to adjust status to an office in Lincoln, Nebraska for processing. That office will notify you when theu take action on your case. You should recieve a notice informing you that your case has been transferred to a local office."

I live in the detroit area and my company is in the NJ area. Can some one please help me to understand :

1. What the word local office mean ?
2. Does it by any chance means the local office detroit?
3. Does this mean that Nebraska will send the application to detroit?
4. Does this mean that the processing will be done by Nebraska as a fresh case from now as I have already been in vermont for one and half years.
5. Does the word local office mean Nebraska and it has nothing to do with detroit.

Has any one gone thru similar kind of situation. Has any one heard of such transfer of cases from one service center to another and any reason known for doing such transfers.

SureshVERMONT TRANSFERS I 485 CASES TO NEBRASKA

 

[OmGV]

Originally posted by suresh734
" ON DECEMBER 20, 2003 , WE TRANSFERED YOUR I 485 application to Register Permanent Residence or to adjust status to an office in Lincoln, Nebraska for processing. That office will notify you when theu take action on your case. You should recieve a notice informing you that your case has been transferred to a local office."

I live in the detroit area and my company is in the NJ area. Can some one please help me to understand :

1. What the word local office mean ?
2. Does it by any chance means the local office detroit?
3. Does this mean that Nebraska will send the application to detroit?
4. Does this mean that the processing will be done by Nebraska as a fresh case from now as I have already been in vermont for one and half years.
5. Does the word local office mean Nebraska and it has nothing to do with detroit.

Has any one gone thru similar kind of situation. Has any one heard of such transfer of cases from one service center to another and any reason known for doing such transfers.

SureshVERMONT TRANSFERS I 485 CASES TO NEBRASKA

Plz post ur details.

 

[suresh734]

first finger print sept 2002
I 485 filed august 2002
EAD renewal filed in october 2003

Thank you for ur interest to help me

 

[TheRealCanadian]

Originally posted by suresh734
1. What the word local office mean ?

Just that, a district INS office. I don't recall there being one in Lincoln, so it might be NSC.

2. Does it by any chance means the local office detroit?

If they transferred to Detroit, they would have said so.

3. Does this mean that Nebraska will send the application to detroit?

Don't know. Maybe. It's up to them.

4. Does this mean that the processing will be done by Nebraska as a fresh case from now as I have already been in vermont for one and half years.

Probably not.

5. Does the word local office mean Nebraska and it has nothing to do with detroit.

No offense, but what does Lincoln, Nebraska mean to you? Does it involve Detroit in any way? Didn't think so.

 

[suresh734]

Thank you very much for your kind information. I shall appreciate and also be grateful to you if you can kindly answer the following questions of mine:

1. Do u know any reason why they transfer the cases from Vermont to Nebraska. Is it because that I have been staying for a long while in Detroit or there could be any other reason.

2. What are the usual reasons why they transfer the cases from one center to another center.

3. Recently when I checked up on the website it says that we have recived this I 485 application on december 24 and the process is usually taking some 540 days. I have already spent more than one and half years in vermont. Do u think that this could be a standard reply.

4. Do u think I could be recieving a letter from Vermont that the case has been transfered to Nebraska and another letter from Nebraska similarly telling me what is going on.

5. Do u have any experience why they could have transferred my case from Vermont to Nebraska.

6. My sixth year ends in another couple of months, should I immediately file for H1 extension for the seventh year.

7. I checked up with my lawyer and he tells me that he has seen such a thing happen first time for him and he wants to wait till some notification is recieved. What is the way to know to know whats is happening.

8. The reason why I said local office means detroit because from the website I have seen that in many cases vermont has transferred to many local offices and me living in detroit and as detroit comes under Nebraska region, I thought may be VSC sends to local office through the approriate district office. Kindly read below the actual description available from the website----"" ON DECEMBER 20, 2003 , WE TRANSFERED YOUR I 485 application to Register Permanent Residence or to adjust status to an office in Lincoln, Nebraska for processing. That office will notify you when theu take action on your case. You should recieve a notice informing you that your case has been transferred to a local office."


9. Do u have any idea when I can approximately anticipate some kind of information either from Nebraska or Vermont in this regard.

10. Can you kindly advise me with some alterantives.


Thank you very much for your kind help. I sincerely appreciate your time in this matter.

Suresh

 

[jigesh]

TheRealCanadian nicely answered your questions earlier. I guess most of the answers you are seeking can be otained by spending some more time in searching/browsing this forum. Let me try to respond to your questions one by one. TheRealCanadian and others as well are welcomed to chime in.

1. Do u know any reason why they transfer the cases from Vermont to Nebraska. Is it because that I have been staying for a long while in Detroit or there could be any other reason.

Only the adjudicating officer who transferred your case knows the real reason. Guesswork from our side is immaterial.

2. What are the usual reasons why they transfer the cases from one center to another center.

Likely to be (though not guaranteed) any one or more of these:
http://www.immigrationportal.com/showthread.php?threadid=99990&highlight=jigesh

3. Recently when I checked up on the website it says that we have recived this I 485 application on december 24 and the process is usually taking some 540 days. I have already spent more than one and half years in vermont. Do u think that this could be a standard reply.

Yes.

4. Do u think I could be recieving a letter from Vermont that the case has been transfered to Nebraska and another letter from Nebraska similarly telling me what is going on.

You/your attorney should get a letter from VSC about transfer. NSC will write you/your attorney only if they either approve it and/or when they schedule an interview.

5. Do u have any experience why they could have transferred my case from Vermont to Nebraska.

Apart from response to Q-2 above, I don't have any experience. May be TheRealCanadian can add information/experience if any.

6. My sixth year ends in another couple of months, should I immediately file for H1 extension for the seventh year.

If the valid status is still H-1B, better to file the extension though you can use EAD and still be fine (I, in your place would file an extension).

7. I checked up with my lawyer and he tells me that he has seen such a thing happen first time for him and he wants to wait till some notification is recieved. What is the way to know to know whats is happening.

Transfer is not unusual. Basically, nothing serious should be happening to your case though I understand your concerns. If your employment is alright, and if you have all the needed documents, you should be fine. Said that, I don't know if there's any way (most probably, not) of finding out what's going on in case of an unadjudicated case (For an approved case, you can request your papers under freedom of information act FOIA).

8. The reason why I said local office means detroit because from the website I have seen that in many cases vermont has transferred to many local offices and me living in detroit and as detroit comes under Nebraska region, I thought may be VSC sends to local office through the approriate district office. Kindly read below the actual description available from the website----"" ON DECEMBER 20, 2003 , WE TRANSFERED YOUR I 485 application to Register Permanent Residence or to adjust status to an office in Lincoln, Nebraska for processing. That office will notify you when theu take action on your case. You should recieve a notice informing you that your case has been transferred to a local office."

Alright.

9. Do u have any idea when I can approximately anticipate some kind of information either from Nebraska or Vermont in this regard.

VSC should be writing you/attorney about transfer within 6 weeks typically. NSC will write when they schedule interview (don't know when) or ask for a re-fingerprinting (if expired).

10. Can you kindly advise me with some alterantives.

Alternatives to what? I don't see any option other than waiting for the interview [or opt for consular processing for visa interview in India, which at your stage of I-485, doesn't seem to me worthwhile. Discuss with your attorney or visit http://www.immihelp.com/ and click on "consular processing" if you have any more questions in this regard. I am just mentioning this option purely from the theoretical point of view because I don't see any point in doing it at this stage of your I-485.].

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.

 

[OmGV]

Just wanted to add a couple of more things.

I don't want to alarm u, but just wanted to mention that

- Of late for every case approved, on average 2-3 cases are being transferred [based on sbct.. analysis]. So transfer per se, is not very abnormal.
- Having said that, per my understanding, normally the transfer to a local office would be to the one closest to ur address, which in ur case should be MI. Others correct me if I am wrong. I don't understand the reason behind this and whether this can be considered as a routine local office transfer or whether it is a service center transfer. [It it were SC transfer, I haven't so far heard about one, though there have been many people who have moved across service centers but their cases being adjudicated by VSC itself]

 

[jigesh]

normally the transfer to a local office would be to the one closest to ur address, which in ur case should be MI........I don't understand the reason behind this and whether this can be considered as a routine local office transfer or whether it is a service center transfer.

Since Suresh's residence is in Detroit (MI) area, the jurisdiction lies within Nebraska Service Center. Since the employer is NJ-based, the company attorney probably filed it with the VSC - this works sometimes (if beneficiary's address is mentioned as company address on I-485), and sometimes does not (like in Suresh's case - probably the attorney, quite correctly, mentioned address on I-485 as Suresh's residence in Detroit). So VSC transferred it to NSC for adjudication. NSC can either straightway approve it (or issue RFE/re-FP, etc.) or can transfer to local service center nearest to Suresh's place of residence for interview.

 

[suresh734]

Thank you very much OMGV, Real Canadian and Jigesh for all the time you have spared and patience to answer my answers. Thank you very much.


can I ask you guys :

1.what is meant by " based on sbct.. analysis" . What does this mean.

2. What is AC 21.

3. As detroit comes under NSC, does VSC would have to go thru NSC for transferring to detroit if assumed that the local office is Detroit or whether VSC can directly transfer the case to Detroit without NSC as per their administrative guidelines.

4. In my case the employer is based out of NewJersey but I have been working in Michigan detroit for the last six years for my employer's client Detroit Edison. I have paychecks for the last five years.

5. My employer has offices in Michigan and NJ and also in delaware. But they file all their green cards for their employees from their NJ office or delaware office. Does this have to do anything. This company has around 80 to 90 employees on payroll and has been in business for the last seven years.

6. My I 140 was approved at VSC but surprisingly the I 485 got transferred to NSC and this has been worrying me. I did file for my renewal of EAD and they said it takes 90 days and the ninety days have just passed by. Will the EAD approval also be moved to NSC or will they approve the EAD from VSC.

7. Yesterday one of my freinds was telling me that I could go to the local office in Detroit and obtain the EAD card. Can u please advise me in this reagrd.


I thank you guys for helping and sincerely appreciate your help in this matter.

 

[jigesh]

1.what is meant by " based on sbct.. analysis" . What does this mean.

I don't know. In what context?

2. What is AC 21.

Looks like doesn't apply to you. Mainly for those who are not working for I-140 sponsoring employer. Search the forum and Internet for the exact law or click on http://www.shawpittman.com/rfp.nsf/0/bcbd6d02253d2df9852569980055c7a9/$FILE/AC21.pdf.

3. As detroit comes under NSC, does VSC would have to go thru NSC for transferring to detroit if assumed that the local office is Detroit or whether VSC can directly transfer the case to Detroit without NSC as per their administrative guidelines.

Not sure - most probably VSC can't transfer for local interviews to other centers' jurisdictions. VSC transferred you I-485 to NSC doesn't necessarily mean that NSC will transfer it to local center for interview. NSC as well can adjudicate it straightaway.

4. In my case the employer is based out of NewJersey but I have been working in Michigan detroit for the last six years for my employer's client Detroit Edison. I have paychecks for the last five years.

Good for you.

5. My employer has offices in Michigan and NJ and also in delaware. But they file all their green cards for their employees from their NJ office or delaware office. Does this have to do anything. This company has around 80 to 90 employees on payroll and has been in business for the last seven years.

Fine.

6. My I 140 was approved at VSC but surprisingly the I 485 got transferred to NSC and this has been worrying me. I did file for my renewal of EAD and they said it takes 90 days and the ninety days have just passed by. Will the EAD approval also be moved to NSC or will they approve the EAD from VSC.

Little bit strange but not quite unusual. May be your I-140 had your address as NJ or DE (company's) address. Since the sponsor of I-140 is your NJ/DE based employer, VSC processed it and did not transfer to the NSC at that time.

7. Yesterday one of my freinds was telling me that I could go to the local office in Detroit and obtain the EAD card. Can u please advise me in this reagrd.

Go there and do it. If you file EAD petition to the VSC, they will transfer it to the NSC where your I-485 lies.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view.

 

[TheRealCanadian]

Originally posted by jigesh
Go there and do it. If you file EAD petition to the VSC, they will transfer it to the NSC where your I-485 lies.

I wouldn't. Unless you like unnecessary delays, always file the EAD app where the I-485 is. Since it's now NSC, filing at Detroit will probably be rejected. File at NSC.

 

[ag28]

sbct analysis

sbctsublc has posted results of the Jan -July 2002 ND. They have been very nicely categorized and gives an idea of whats going on.
On the other hand, we still dont have an idea of whats going on.

 

[suresh734]

Dear Jigesh, Real Canadian and OMGV ,

I thank you guys for all your help in this matter. I was a little worried becuase my I 140 got cleared some time back like its been six months and suddenly I 485 got transferred to NSC. My first EAD came thru well and the second EAD application has been more than 85 days in VSC and I have no correspondence with regards to its transfer or approval. My lawyer says that this is the first time he is going thru such a situation and he has asked me to wait till I recieve some correspondence.

You guys have been of great help and I sincerely appreciate all your effort and time contributed.
Hope everything will happen smoothly.
Suresh

 

[jigesh]

Since it's now NSC, filing at Detroit will probably be rejected. File at NSC.

TheRealCanadian is right. Thanks. EAD at Detroit might be possible only if EAD application is lying for more than 90 days at the NSC. Yes, so file at NSC.