Where to file?

D

Despo_GC

New Member
I have full time/permanent job in NY for a company which had headquatered in IL. I live in NY also. My Labor was approved from NY and few months back lawyer applied to Vermont for I-140/I485 Concurrent filing. Vermont BCIS retunred the application back suggesting that we should apply at Nebraska Service Center. The lawyer again sent the application back to Vermont explianing why it should be filed in Vermonmt, not Nebraska. But Vermont center again sent it back with the same suggestion.

Can any one help here? I am not sure what is going on...??
 
In Non-concurrent filing I-140 is filed where company is located. I-485 can be filed where employee is located but many people use to file where employer is located also.

With concurrent I-140 and I-485 will be filed where employer is located. If you want to file I-485 at different service center then you have to wait for your I-140 receipt. Once you get receipt notice you can apply for I-485 different service center.
 
Thanks, Tammy2 for the respond.

I was checking the bcis website and it is clearly suggesting that I-140 should be filed with the service center over the state where alien is emplyed.

http://www.bcis.gov/graphics/formsfee/forms/i-140.htm

In my case, I am employed in NY permanantely, since it is one of the manufactuiring facilities.

My H-1B was also went through Vermont and similarly Labour from NY. And now they are not accepting the application??

Is it possible to apply at both service centers, i.e. Vermont and Nebraska?
 
You have only one Labor, which will go with your I-140 petition. So you cannot apply at two places. Company does I-140 petition for you.

You will provide company details in your I-140 petition. If that address comes under NSC jurisdiction then you need to apply at NSC even though you are located at VSC jurisdiction. If you apply at VSC use your manufacturing company address.

My friend is located at Texas since last six years. His company is in Chicago IL. His I-140 and I-485 was applied at NSC. It went perfectly fine.
 
I-140/485 Concurrent Filing Rule Clarification

A) If I-140 is already approved, people will be allowed to file with either the Service Center that has jurisdiction over I-140 or the Service Center that has jurisdiction over I-485.

B) 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.

C) If I-140 has already been filed and one files I-485 afterwards but while the I-140 is still pending, such I-485 must be filed with the Service Center where I-140 is pending.

D) 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.

E) I-485 jurisdiction is determined by the alien's place of residence.

F) In any event, the best policy is to file I-485 with the Service Center which has jurisdiction over the I-140, no matter whether I-140 has already been approved or still pending.
 
usnycus,

Is there an advantage of filing the I-485 in the service where one files their I-140?? Please comment.

Also what happens if I-140 is filed in CSC and 485 filed in VSC after obtaining receipt of 140 from CSC(Company located in CA and alien lives in VSCs jurisdictional area)?? Any thoughts on how concurrent filing works in this case and if any impacts on 485 benefits (like EAD/AP etc)??

Cheers
 
an_anonymous

If I-140 is pending and you want to file I-485 based on I-140 receipt, you have to file I-485 at the service center where I-140 is pending.

Read previously posted message, it is covering all possible scenario.
 
thanks...

usnycus,

Thank You. I was always under the impression that you have to file 140 based on the location of the employer and 485 can either be filed at that Service Center (based on employer's location) or at the service center where the alien is residing.

Probably this would make more sense when there was no concurrent filing. But with concurrent filing, I guess your point makes sense (especially when the service center would do a preliminary check of 140 to issue intermediate 485 benefits like EAD/AP etc).

Cool...

Thanks again.
 
Is it good Idea to change attorney?

Hi

My LC got cleared this week.
As my attorney is too expensive, and unproductive........ is it a good idea to change attorney to apply for I140, and there after.

Any bad implications from it?

tks
stunpad
 
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