Where to file EAD application

[gcdreamer05]

Dear Attorney,

I live in boston and come under Texas service center, my I-140 was approved from texas.

But my pending 485 was sent to Nebraska Service center.

I am now trying to file EAD application,

I am confused if i need to send the EAD application to NSC (based on my pending 485) or should i send to Texas service center (based on my address jurisdiction).

My RFE's have come from nebraska only.

So could you please clairfy where i need to file EAD. I am doing a paper based filing and hence this question.


Thanks
Dreamer

[txh1b]

Please see page 8-10 of the I765 form instructions for more information. It is clearly written that it has to go where your area falls under for the (c) 9 category.

http://www.uscis.gov/files/form/I-765instr.pdf

If you are in Boston, it should go to TSC irrespective of which center your 485 is pending.

[gcdreamer05]

hi tx1 thanks for your reply.

But if we do a E-File and if we select where was your 485 filed and pending as nebraska then it generates a LIN recipient notice number which is nebraska. (even if you live in a state for Texas)

This is why it caused confusion for me. (even after reading 485 instructions)


Also i read IV forums and saw attorneys recommend filing to the 485 pending center.

So that is why i posted this question to the attorneys.

[txh1b]

I am not sure about e-filing. Personally, I think efiling is a hassle as you have to go for a biometric appointment while paper filing or efiling does not make a difference in terms of work/result/timeline. I would recommend paperfiling. No matter how modern the front end is, the back end is all paper based and you will leave the people working on your case with a comfortable medium that they are familiar with if you paperfile.

[overseas]

Hi gcdreamer05,

So did you find out any more information on this? I'm in the same situation like you. In the instructions I clearly see that we have to send our application to Texas service center as we live in MA. But I want to make sure whether this is correct before I send my application. I'm sure it will be painful to wait for a long time later.

[txh1b]

Paper filing as per the instructions, my friend got the EAD in less than 30 days from the date it was sent to TSC. He was kind of unhappy as he applied 120 days prior to expiry and had 90 days go waste (in terms of filing fees)

[gcdreamer05]

overseas i waited for replies checked with some of my friends and finally decided to post it to TExas center based on my state that i live in Mass.

Posted the app today morning so i would suggest you to post it to TX.

[overseas]

I further checked with my companies attorney and also called USCIS and understood that I need to file EAD and AP with Texas service center as I live in Massachusetts.

I did paper filing and sent my application today.

[andhrawala]

Hi overseas,

I am in the same dilemma as you. I am in OH and according to my jurisdiction I have to apply in Nebraska Service center. Now, my I-485 application has been transferred to Texas.
I called the uscis customer service and they said to file in Texas as my 485 is pending there.

So, I am really confused here. Any help will be greatly appreciated



Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending

[overseas]

Hi Andhrawala,

I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.

In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.

As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.

I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)

[andhrawala]

Hi overseas,

Thanks for your reply. I also wasted 2 weeks and finally sent my EAD application on Sat'day on Nebraska service as my state OH falls under it's jurisdiction.

At least, we can say that we followed the uscis instructions if we get any query.

[andhrawala]

I applied my EAD in Nebraska as OH falls under it's jurisdiction and got my approval in 2 weeks. Thought of sharing so that some one may find this information useful.

Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending