Where can I file for 140 and 485

B

bmp81

Registered Users (C)
Hello All,

I have this basic question about filing for 140 and 485. Doesn't seem to have answer for this on here. So please help me.

Situation:
- Company A is based in NJ in Vermont Service Center.
- Labor got approved for the intended job in NJ.
- I am currently located and working on a project for 3 months in Nebraska Service Center for the same company A.

Questions:
1. Where can I file for 140 and 485 for concurrent application?
- option1: 140 and 485 both in VSC
- option2: 140 in VSC and 485 in NSC
- option3: 140 and 485 both in NSC

My lawyer is saying that I have to apply for 485 in NSC. So I don't understand how can it be concurrent application if both applications are filed in different service center.

I need advice on this from gurus on this forum.

Appreciated any help provided.

Thanks
 
If I-140 and I-485 are filed together concurrently, it should be filed with the Service Center that has jurisdiction over I-140 and not the Service Center that has jurisdiction over I-485.

I-140 jurisdiction is determined by one of the following factors:

(1) Job site as shown on labor certification application, or

(2) Main business office location of the employer if the labor certification was filed for undetermined location, or

(3) If employer has a sole jurisdiction arrangement with any Service Center, that Service Center has jurisdiction over I-140, however, the Service Center that has jurisdiction over the job site on the labor certification may also be able to exercise jurisdiction over the I-140, or
(4) If a self-petition, where the alien resides.


Check following link:
http://boards.immigrationportal.com/showpost.php?p=559789&postcount=5
 
Thank you very much, this is what I was thinking.

Appreciate this forum a lot. Thanks again
 
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