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  #1 (permalink)  
Old 07-22-2007, 03:38 PM
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Default Moving States with 140 approved and 485 filed

I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:

Would my transfer affect my 485 processing. If yes, is there a solution?

Last edited by Canadianindian; 07-22-2007 at 03:41 PM.
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  #2 (permalink)  
Old 07-22-2007, 05:42 PM
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Default you can only

You can only move after 6 months of 485 filing. Then it falls under AC21. Now if you move, you have to start the entire process. Fortunately with PERM and PP for 140, everything would take less than few months.

Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.

OR

You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.
__________________
PD march 2004
1st 140 approved.
2nd 140 approved on Sep 5,2007.
(me and my spouse below)
485 - Filed on July 2,2007
485 - ND - Aug 08,2007
FP - Sep 06.
EAD - Oct 1st

Contributing 10 or 20 is always a pain when you have the option of getting it free.

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  #3 (permalink)  
Old 07-22-2007, 07:33 PM
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Default Consulting

Quote:
Originally Posted by GCBy3000
You can only move after 6 months of 485 filing. Then it falls under AC21. Now if you move, you have to start the entire process. Fortunately with PERM and PP for 140, everything would take less than few months.

Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.

OR

You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.

Thanks for your response. I am in consulting, and we generally travel.
One of HR folks mentioned that my company may be able to keep me on the exisiting location's payroll, while I work in the other state.

Did you come across such option.
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  #4 (permalink)  
Old 07-22-2007, 08:21 PM
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Default GC is based on future job availability

If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)

Confirm with the co lawyer also.
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  #5 (permalink)  
Old 07-22-2007, 08:34 PM
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Default

Quote:
Originally Posted by bombaysardar
If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)

Confirm with the co lawyer also.

Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.


Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?

Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?
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  #6 (permalink)  
Old 07-22-2007, 10:34 PM
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Default Employer address change

hi all,

I am EB3 with PD April 06/ I-140 Approved / Applied I-485 and My Employer is shifting the offcice from One state to other state. Does it have any affect on my 485 petition..?? Please respond back with some information

Regards,
Naveen
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  #7 (permalink)  
Old 07-23-2007, 12:45 PM
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Default

Quote:
Originally Posted by bombaysardar
If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. AC21 is very specific = 180 days not less. So even with a letter from the employer, IF i-485 has not been pending 180 days, you cannot induce AC21 If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)

Confirm with the co lawyer also. Yes, you are right. Always confirm advice with a lawyer
Hope this helps
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  #8 (permalink)  
Old 07-23-2007, 01:11 PM
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Default No

Quote:
Originally Posted by Canadianindian
I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:

Would my transfer affect my 485 processing. If yes, is there a solution?

GUYS: Do not advise if you dont know AC21 portability for sure.

To CanadianIndian:

No. Nothing will be impacted. You can move to a new location.

During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.

After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.

If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.
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