Where to file?
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.