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When case transfer in local office ?
- Thread starter nycindia
- Start date
In my case they transfered after 1 fp, but we never know what makes them decide to transfer to local office for a interview. Few things i can think of for emplaoyement based GC
1. Change of Address
2. Criminal records
3.Birth & Marriage certificates not clear
4.If your are processing GC as a future employement.
5. AC 21 CASES
Bottom line, we never know.
1. Change of Address
2. Criminal records
3.Birth & Marriage certificates not clear
4.If your are processing GC as a future employement.
5. AC 21 CASES
Bottom line, we never know.
gc2now said:Hi Leanback,
I can imagine why a case may be transferred because of any of the reasons you listed except for the first one. Is there any particular reason why you think that change of address may trigger the transfer? Thanks.
I don't think that local moves would matter but in my case, my address changed from VA to TX. It certainly seems possible that because of this, the VSC would want to verify that I'm still working for the same employer (I am) and never went out of status during the move (I didn't).
ETA
curiousGeorge
Registered Users (C)
A transfer does not mean you will have an interview, but it might. It will specify on the transfer notice if you are going to have an interview or if it just transferred for processing, to reduce the backlog at VSC. Read the online status or transfer notice when you get it in the mail.
Case transfers can happen for any number of reasons, and quite frankly they can even happen just at the discretion of the adjudicating officer, as a random check. read this:
{excerpt from the "I-485 Standard Operating Procedure", page 7-3.24}
Employment based Criteria
The adjudicating officer must determine whether the employment-based
I-485 meets waiver of interview criteria set forth below.
Employment-based:
• The principal applicant is employed by the same petitioner who submitted
the approved underlying employment-based visa petition.
• The principal applicant has been interviewed in the course of an
investigation or field examination, and the adjudicating examiner
determines that further interview of the applicant is unnecessary.
• The principal applicant has been approved as an alien of extraordinary
ability or alien of exceptional ability and is otherwise eligible for
adjustment of status.
• The principal applicant has been approved as an outstanding professor or
researcher, or a multinational executive/manager and has a continuing
offer of employment from the same petitioner who submitted the
underlying approved petition.
• Adjustment applicants who received national interest waivers based on
performing primary medical care to a medically under-served area must
demonstrate that they intend to continue according to the terms and
conditions of the underlying petition.
Deviation From Interview Waiver Criteria
The above interview waiver criteria may be modified by individual officers in
response to developing local circumstances and regional concerns, which
would dictate the need for further restrictions.
On a case by-case basis, an officer may choose to relocate an I-485 for
interview if he/she deems it necessary. Applications require a relocation if
the officer determines:
• a need for validation of identity
• a need for validation of legal status
• questionable admissibility and/or qualifications
• apparent fraud
• a second filing
• an applicant with fingerprint rejected twice
• an applicant with medical condition class A or B
• the A-file cannot be located at the time of adjudication.
__________________
Case transfers can happen for any number of reasons, and quite frankly they can even happen just at the discretion of the adjudicating officer, as a random check. read this:
{excerpt from the "I-485 Standard Operating Procedure", page 7-3.24}
Employment based Criteria
The adjudicating officer must determine whether the employment-based
I-485 meets waiver of interview criteria set forth below.
Employment-based:
• The principal applicant is employed by the same petitioner who submitted
the approved underlying employment-based visa petition.
• The principal applicant has been interviewed in the course of an
investigation or field examination, and the adjudicating examiner
determines that further interview of the applicant is unnecessary.
• The principal applicant has been approved as an alien of extraordinary
ability or alien of exceptional ability and is otherwise eligible for
adjustment of status.
• The principal applicant has been approved as an outstanding professor or
researcher, or a multinational executive/manager and has a continuing
offer of employment from the same petitioner who submitted the
underlying approved petition.
• Adjustment applicants who received national interest waivers based on
performing primary medical care to a medically under-served area must
demonstrate that they intend to continue according to the terms and
conditions of the underlying petition.
Deviation From Interview Waiver Criteria
The above interview waiver criteria may be modified by individual officers in
response to developing local circumstances and regional concerns, which
would dictate the need for further restrictions.
On a case by-case basis, an officer may choose to relocate an I-485 for
interview if he/she deems it necessary. Applications require a relocation if
the officer determines:
• a need for validation of identity
• a need for validation of legal status
• questionable admissibility and/or qualifications
• apparent fraud
• a second filing
• an applicant with fingerprint rejected twice
• an applicant with medical condition class A or B
• the A-file cannot be located at the time of adjudication.
__________________
when transfer?
But in which stage it was transfer ? like after 1 FP or withing 2-3 of filing 485 or when ?
mygc1012 said:leanback,
Mine was transferred on 11/24 to NYC. Where is your transferred to ? Is yours a future employment case?
But in which stage it was transfer ? like after 1 FP or withing 2-3 of filing 485 or when ?
mygc1012 said:Leanback,
Mine is a future employment case and got transferred to local office. I think you are right in your analysis.
My case got transferred to San Jose local office. I think you can
call this as a future employment, I used to work for this employer when he filed my labor and I left him before labor got approved and he agreed to file my I-140/485 as future employee .I joined my GC sponsor couple of months back before my case got transferred to local office.
Thanks