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  #1 (permalink)  
Old 11-19-2009, 03:27 PM
Donor
Priority Date
:
May-08
Category
:
EB2
I140 Mailed Date
:
12/18/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/03/2012
Compare
Join Date: Aug 2008
Posts: 140
looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute
Default relocation on I-140/H1

Here the situation,
I am working for a consultant company based in StateA.
My current client location is based in the same county in StateAas well.

I have a approved I-140 and 3-year extension based on I-140. This H1 is valid till 2012.

My entire career has been based in the same county in StateA, hence H1s and I-140 were based on LCA or Labor for StateA.

My priority date is not current.

My client company is relocating from StateA to StateB.
I know i can still continue my contract with them when they move to StateB, but naturally my work-site location is going to change.

Do I need to file an amended LCA or iCERT?
Do I need to file another PERM application?
Should I wait to file amended LCA when I file for 485 or another extension, (hoping priority dates get current by 2012)?

I'd really appreciate your advise or answers
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Last edited by looneytunezez; 11-20-2009 at 03:32 PM.
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  #2 (permalink)  
Old 11-23-2009, 02:25 PM
Donor
Priority Date
:
May-08
Category
:
EB2
I140 Mailed Date
:
12/18/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/03/2012
Compare
Join Date: Aug 2008
Posts: 140
looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute
Default

I'd appreciate your input to this.
__________________
LT
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[Anything said is not LEGAL advise, consult an attorney!]

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  #3 (permalink)  
Old 11-24-2009, 10:39 PM
Member
Priority Date
:
Dec-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: May 2009
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harikris is a splendid one to behold harikris is a splendid one to behold harikris is a splendid one to behold harikris is a splendid one to behold harikris is a splendid one to behold harikris is a splendid one to behold
Post My exp...

Similar experience...Take what you can from my exp.
I had to relocate for family reasons. When my 6 yr H1B1 visa was expiring, my company filed for an extension plus an amendment.
The key differences between our cases are -
1. There is no client involved here. My services are directly for the company that has sponsored my current H1B1
2. This is a temporary relocation. I will be moving back to the state where my original LCA was filed from next year about this time

So, you have to file for an amendment if you move from the location from where the LCA was filed - there is no doubt about it. You will have to figure out the details by talking to an attorney.

HTH
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  #4 (permalink)  
Old 11-25-2009, 02:50 PM
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Default

Quote:
Originally Posted by looneytunezez View Post
My entire career has been based in the same county in StateA, hence H1s and I-140 were based on LCA or Labor for StateA.

My client company is relocating from StateA to StateB.
Do I need to file an amended LCA or iCERT?
YOU don't file anything, the company does. It needs to have a new LCA in place for the new location before you move there, otherwise it needs to file a new LCA and amend the H-1B.

Quote:
Do I need to file another PERM application?
If the location change is permanent, and the labor cert. was for a position only in State A, the employer needs to restart the process assuming you have not filed the 485.

Quote:
Should I wait to file amended LCA when I file for 485 or another extension, (hoping priority dates get current by 2012)?
The employer needs to file the new LCA now, or at least before you move, as answered above.
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This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
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  #5 (permalink)  
Old 12-03-2009, 04:00 PM
Donor
Priority Date
:
May-08
Category
:
EB2
I140 Mailed Date
:
12/18/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/03/2012
Compare
Join Date: Aug 2008
Posts: 140
looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute
Default

Quote:
Originally Posted by martinvisalaw View Post
YOU don't file anything, the company does. It needs to have a new LCA in place for the new location before you move there, otherwise it needs to file a new LCA and amend the H-1B.


If the location change is permanent, and the labor cert. was for a position only in State A, the employer needs to restart the process assuming you have not filed the 485.



The employer needs to file the new LCA now, or at least before you move, as answered above.
Thanks for the reply.
My sponsoring company will still be based in StateA.

I will be an employee of my sponsoring company.
The move will be to new client location.
The time duration will be based on how long the current project continues.

Thnx
LT
__________________
LT
------------------------------------------------------------------
GREENED on SEPTEMBER 5, 2013!

Support HR-3012 and Support Fairness!

HR3012 Wiki | Facebook | Google+ | Twitter


[Anything said is not LEGAL advise, consult an attorney!]

Donated $200+$500 - Advocacy Day - Apr & Sep 2011
Donated $100 - HR 3012 action item - Nov 2011

Recurring Monthly $ contributor since July 2009.
($2500+ and counting)...

PD : May 2008 EB2 India
I-140 Status : APPROVED - Apr 2009
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