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permfiling
10-25-2009, 07:13 PM
I have a PERM and I-140 approved in one state with my old employer. If I rejoin my old employer in a different city and state. Will I be able to file 485 as I was told from a attorney that if the PERM is filed based on location then I cannot file AOS from a different state.

Is that true ?

Thanks
contributed $500 to IV

yagw
10-25-2009, 09:39 PM
I have a PERM and I-140 approved in one state with my old employer. If I rejoin my old employer in a different city and state. Will I be able to file 485 as I was told from a attorney that if the PERM is filed based on location then I cannot file AOS from a different state.

Is that true ?

Thanks
contributed $500 to IV

Yes, since PERM is location based. If you move to different location, you have to start from PERM again, but you can retain your PD.

DISCLAIMER: I am not an attorney and this is not a legal advice

number30
10-25-2009, 10:09 PM
I have a PERM and I-140 approved in one state with my old employer. If I rejoin my old employer in a different city and state. Will I be able to file 485 as I was told from a attorney that if the PERM is filed based on location then I cannot file AOS from a different state.

Is that true ?

Thanks
contributed $500 to IV

As Long as you employer is located in the same place and Can give you a offer letter saying that you will be employed in the original location you are fine. Once you cross the 180 days mark you can change the location or job. Find some other attorney

permfiling
10-26-2009, 11:42 PM
Thank you for the posts. Unless I rejoin employer A in my scenario below then I cannot use the PERM + 140 of employer A then.
Let me rephrase the question

I have PERM and 140 approved in EB2 with employer A in CA. Now I am with employer B and had filed PERM , have the I140 copy to recapture the PD. Now I might get a offer from employer A in a different location say in MA. Will I be able to use the approved I140 to file AOS when I join employer A in MA even if the location is different .

Thanks

number30
10-27-2009, 12:23 AM
Thank you for the posts. Unless I rejoin employer A in my scenario below then I cannot use the PERM + 140 of employer A then.
Let me rephrase the question

I have PERM and 140 approved in EB2 with employer A in CA. Now I am with employer B and had filed PERM , have the I140 copy to recapture the PD. Now I might get a offer from employer A in a different location say in MA. Will I be able to use the approved I140 to file AOS when I join employer A in MA even if the location is different .

Thanks

Yes You can.

permfiling
10-27-2009, 04:27 AM
Thank you Number 30 and I thought the same too but the attorney of company A says that I cannot file AOS if I join a diff location as my PERM case has location specificed. I am not sure if this is a grey area.