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  • I-140 transfer from NB to TX

    I have had a pending I-140 at NB service center for over a year. Yesterday, I was notified it was transfered to the TX service center "because Texas has jurisdiction over the case". I submitted the I-485 in August 2007. Does this mean my I-140 will be placed at the back of the line, or will the April 2007 original receipt date be taken into account? Also, what should I anticipate as the next steps?
    Thank you

  • #2
    I have had a pending I-140 at NB service center for over a year. Yesterday, I was notified it was transfered to the TX service center "because Texas has jurisdiction over the case". I submitted the I-485 in August 2007. Does this mean my I-140 will be placed at the back of the line, or will the April 2007 original receipt date be taken into account? Also, what should I anticipate as the next steps?
    Thank you

    Comment


    • #3
      The correct notation for Nebraska is NE.

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SunDevilUSA:
        The correct notation for Nebraska is NE. </div></BLOCKQUOTE>

        Som12,
        I want/Need To Hear Your Story! PM Me. It Matters!

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by PalmLady:
          I have had a pending I-140 at NB service center for over a year. Yesterday, I was notified it was transfered to the TX service center "because Texas has jurisdiction over the case". I submitted the I-485 in August 2007. Does this mean my I-140 will be placed at the back of the line, or will the April 2007 original receipt date be taken into account? Also, what should I anticipate as the next steps?
          Thank you </div></BLOCKQUOTE>

          1) The USCIS started re-allocating all filed and to-be filed Forms I-140 between Nebraska and Texas Service Centers effective July 30, 2007. It was all at NSC for awhile before then.

          2) Don't be concerned so much about the adjudication time of your I-140. I mean because (although that's important for being the base employment-based petition), it doesn't give you the status. It's your I-485 application that will. But of course the fate of your I-485 is likewise anchored on the approval of your I-140. Moreover, your I-485 takes the priority date of your I-140, which is the same priority date taken by your I-140 from your PERM or Laborcert.

          3) But because you filed your I-485 during the July-August 2007 (Visa Bulletin No. 107) filing window, you can't expect your GC to be issued in the short run. If you remember, that window of opportunity was simply a compromise deal between the USCIS and the immigration community. It took place just due to the miscommunication between DOS and DHS on visa availability.

          4) What to expect? Not much, or nobody knows for certain. You just have to wait and keep your fingers crossed. But these are your benefits: a) you can renew your EAD every year while your I-485 is pending and your I-140 isn't denied; b) you can file I-131 advance parole document and travel abroad as long as you maintained your nonimmigrant status in the US; and c) because your I-485 is now pending for more than 180 days, you can transfer to another employer without redoing the process all over again.

          (Hope I made sense. Just an opinion - take it or leave it).

          Comment


          • #6
            RN,

            Though I-140 does not give you any status, approval of I-140 gave lot of benefit to Employment Based petitions:

            1. After I-140 approval, OP can use AC-21 provision to change employer even though I-485 is still pending without the fear of I-140 being revoked by the employer.

            2. H1-B extension can be for 3 years instead of yearly. This will save hassle of going to DMV on a yearly basis to renew the license in many states.

            Thanks

            Comment


            • #7
              Yes, Retro, that's what I meant, 'status' meaning from nonimmigrant to permanent residency - the ultimate goal why one goes thru PERM/Laborcert and I-140. But as we both said, 'ancillary' benefits are there but which altogether don't constitute the GC prize. Then of course it would take the alien onto the last, last chapter of the long, long saga: US citizenship.

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