On Tue, 23 Sep 2003 05:05:37 +0000, LC wrote:
> Ingo,
>
> Thanks for the response. So you are saying that there is not a procedure
> to transfer the files to another service center. One just submits AR-11
> to the headquarters of BCIS and then separately notifies the service
> center and they will automatically arrange to transfer the files to a
> new service center. Right?
Correct. Actually, when you notify CIS, you can also choose to request
that they NOT transfer the file at all. I would recommend that, since a
file transfer can mess up or delay your case.
> As the new job can't wait for more than a month and the apartment lease
> is going to expire at the end of the year with no early termination,
> what I think is this: I'll start working for the new company in October.
> I'll stay with friends or in a motel while paying rent for the apartment
> and my wife and children will stay on at the apartment until the end of
> the lease which also nicely coincides with the 180 day window, At the
> end of the lease, I'll move the whole family to the new place and only
> then I'll notify both BCIS headquarters and the service center. So
> during this relocation period, I'll claim my current address as my only
> home address and hence no need to change address.
So you are saying you claim that this is more of a business trip rather
than a move. That would be skirting the law, though. I think even as a
tourist, you are supposed to register a change of address as long as you
stay there for more than 30 days. It really doesn't matter if it's a house
or a motel.
> This is really not just a delay tactics because the new company is 1000
> miles away and I'll need time for the relocation. Is three months a
> reasonable time frame for relocation? What about if I also rent an
> apartment instead of some sort of temporary lodging while claiming my
> home address is where the rest of my family? Do you think this would
> work?
>
> Also, I can understand that the I-485 should stay with the center where
> the applicant lives. But what about I-140? I-140 is filed by the
> employer. Shouldn't I-140 stay with the business address of the
> employer?
Yes. One of the reasons why, if you can do it, you should request that the
file not be transferred.
> When the files are transferred to a different service center, do they
> get to keep their priority dates or are they simply stacked up to the
> end of the queues?
The priority date is (currently) irrelevant for employment-based cases
anyway, since all countries are current. I think you are probably talking
about the processing time. That is an internal decision at CIS. I really
don't know how they would handle such cases. My guess is, they would be
shoved somewhere into the pile at random.
--
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