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View Full Version : LABOR and I-140 approved, Want to change job location due to Internal Transfer


hope2007
04-15-2007, 12:46 PM
changing job location...

dilbert_cal
04-15-2007, 01:04 PM
If your employer remains the same , the job remains the same and the job location is only changing by 8 miles, you have nothing to worry about. It will NOT cause any issues.

Btw - Did you talk with your company lawyer and/or your manager about this ? What is their opinion.

ps :- You have two threads - please delete one of them or edit the post so that two threads do not go in parallel.

GCBy3000
04-15-2007, 07:35 PM
I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.

1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.

2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.

GCBy3000
04-15-2007, 07:38 PM
Admins,

Now a days I am seeing lots of questions asked by new members. If you have some mechanisms to show whether they have registered with valid data or fake data would help the other members who spend time in answering those questions.


I would request all the new members to contribute to our cause. Join monthly contribution of $20 and help yourselves. Thanks.

logiclife
04-15-2007, 07:54 PM
I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.

1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.

2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.

By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.

Here is the deal when changing the location while GC is pending:

1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.

So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.

2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.

GCBy3000
04-15-2007, 08:35 PM
I agree as long as you have filed your 485 and 180 days is passed. But in my case, I have not even crossed the labor stage. It was pending with BEC when my company asked me to move. I tried a lot to convince my attorney thinking that I might miss the boat of 485 if at all it becomes current, but it did not help.

THe LPR clearly states that it will become void if any of the below changes.

1. Job description
2. Location
3. Something else, I dont remeber.

The above will not come into effect, if you had crossed 180 days of 485.

Also my attorney told that USCIS will not be able to find from where I file from 485, but it is risk on my part when I go for naturalization. Also if for some reaosn a RFE is issued, any company will tell the truth and the beneficiary will be in trouble. So it is always better to file a new labor unless the beneficiary is intened to move back to original location during the adjucation process and stays at that location for 6+ months.

I dont understand how you got away with this one after changing the location. With your example, the locational requirement of LPR does not make sense at all. Anybody can file LPR anywhere and move anywhere as long as 485 takes more than 180 days. One can deliberately file 485 with improper documentst to delay the approval and getaway. Double check with your attorney on this one and playing safe is not bad idea at all with the current USCIS mess and immigration laws.

AGAIN, I THINK WHEN YOU FILE YOUR 485 you have to be working in the location as stated in your LPR AS PER THE LAW, eventhough USCIS will not be able to find it. Before PERM, there was a column to state the beneficiary will work anywhere in US. But this not available anymore with PERM. The bottom line is the strongest part of LPR, "THE LOCATION", does not make sense at all.

By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.

Here is the deal when changing the location while GC is pending:

1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.

So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.

2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.

sina
04-16-2007, 09:47 AM
I am also planning on changing location from one state to another but the job is still with the same company (just moving to a different branch). My lawyer said it will not affect my GC but I have to get a new LCA for my H1. I still do not understand how this will not affect my GC (I have a approved 140 and waiting to file 485). Is there a way this is possible like if the labor is filed from the corporate office and has nothing do with branch locations?
I just want to make sure it is safe before I move.

Any help is appreciated.

sina
04-16-2007, 11:28 AM
Hi Hope2007,

Did you talk to your attorney? How were you able to do so?
My attorney says I can do so, I have asked him how.
Our corporate office handles all and I do not have any information about this. I hope my attorney is correct and I do not find myself in trouble after I change location.
Please post hope2007 if you know how this is possible.

Thanks

pappu
04-16-2007, 11:46 AM
Admins,

Now a days I am seeing lots of questions asked by new members. If you have some mechanisms to show whether they have registered with valid data or fake data would help the other members who spend time in answering those questions.


I would request all the new members to contribute to our cause. Join monthly contribution of $20 and help yourselves. Thanks.
We get a lot of people with Alabama as the state. This is because it is the first state in the dropdown. People do not even bother to put their correct state when they create a free membership account. If we do not get correct email address we cannot communicate with you via emails. We also need your name and phone number so that we can call you. There have been times, when core team has called members to tell them about something important. We will sometimes point out on the forum if any poster has not given us full information. It may cause embarresment to some members who are frequently posting on the forums annonymously.

hope2007
04-19-2007, 12:32 AM
I spoke to company attorney they said as long as job description is same and it is commutable distance then you can change job location. There will not be any problem and you do not have to come back to original work location.

asdqwe2k
04-19-2007, 11:02 AM
Job location does not matter, as long as it is mentioned that it will be the case in the Labour application.

All the desi consulting companies do that, so that their employees can work anywhere in USA...