7/24/2008

Come August 1, 2008, a large number of Indians and Chinese EB-2 immigrants are expected to file their I-485 applications based on the August 2008 Visa Bulletin. There will be two groups: 

Group I: Those who have filed I-140 petition and their petitions are approved. 

Group II: Those who have yet to file the I-140 petition or whose I-140 is pending or who will file I-140 and I-485 application concurrently in the same packet.

Those in Group I should pay attention to the Direct Filing Chart for I-485 applications to learn whether they should file their I-485 applications with the Nebraska Service Center or Texas Service Center. They should read and follow the instructions in the Direct Filing Chart of I-485 and the instructions sheet of I-485 application form to avoid filing with a wrong jurisdiction. 

Direct filing chart for the employment-based I-485 is determined by where they live and not where they work or where the job is. So is the EAD applications and Advance Parole applications that will be filed with the I-485 applications. Please read the instructions carefully. It is very confusing, but people should just follow the instructions.

Those in Group II should pay attention to the Direct Filing Chart for I-140 and I-485 Concurrent Filing jurisdiction which they will find in the I-140 petition instructions.