Need advise..ready to file for I485

[besibhai]

Hi guys....just got my I140 approved from CSC.
The i140 petition was filed from there and so will be the AOS. However I am working in another state right now with the same compnay....will it be an issue? As per my lawyer I have to be physically be in CA before he can file the AOS. Is that really necessary?
Will INS ask for proof of residency etc?

Thanks for your help

[gcforbera]

Not really. Mine was a similar case. I have always lived and worked in NJ, but my permanent residency was processed at CSC because my company is HQ-ed in CA.

I was not asked to provide any proof of residency and I have always provided my address in NJ to the INS.

Best of luck!

[suomilainen]

Your lawyer's wrong

Sorry, your lawyer's wrong. It's possible to file at the CSC, even if you've never set foot in California. Your company just needs to have an office in CA and be able to assert that your future, permanent job offer will be in CA.

[besibhai]

re:Your lawyer's wrong

But what if the I-140 is filed from CA for a position in CA? Thats what the lawyer is saqying that I140 was filed for a job in CA.

[gcforbera]

Re: re:Your lawyer's wrong

Well, as long as you are employed by the same company who got you through I 140, there shouldn't be any issue where in US your current client site is. Since you haven't filed your 485 yet, you are probably on H1. The labor certificate (by which your employers hired you) implies that you may need to work temporarily out of the base state. The allowable time limit is 3 months in a stretch, even though there is almost no way that INS could verify that you returned. If you need to work for a longer period your employers need to apply for a new labor cert for the new state, but I don't know anyone who has done that or who has needed one.

I guess one could inform INS about change of address, and there shouldn't be any issues thereafter.

[besibhai]

Re: re:Your lawyer's wrong

Is it legal?
I wonder why my lawyer is insisting that I put a CA address on my form.

So at alater date if I were to change my address, there should be no issue?