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PERM Processing Labor processing through PERM

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  #1 (permalink)  
Old 06-21-2011, 03:46 PM
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Default Does change of address to different city, same state, same company affect GC process?

Hi,

I have filed for i140 a week back. I work for company A in houston. Now, because of personal reasons, i want to get transferred to Austin. My Company(Same company A) has a branch in Austin and they are ready to make that transfer.

I checked with my attorney and they are saying that moving from city to city with in same state will affect labor. they need to file fresh labor and i will get new priority date. is this correct?

Will this situation be any different after my i140 is cleared?

kindly clarify.

Thanks.

Last edited by rajeshj_18; 06-23-2011 at 02:36 PM.
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  #2 (permalink)  
Old 06-21-2011, 03:51 PM
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rajesh,

change of cities (metropolitan area) will require your employer to re-file perm and i-140. however, if you make this change after your i-140 is approved in houston, you will be able to retain your priority date when you re-file.

good luck,
nag
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  #3 (permalink)  
Old 06-21-2011, 04:08 PM
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Default

Thanks Nag,

So once my I140 is approved, attorney should once again file labor but this time i can retain the old priority date. is that correct?

or are you saying that once I140 is approved, i can change city without applying for labor once again?

Which one is correct?
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  #4 (permalink)  
Old 06-21-2011, 04:08 PM
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Lawyers are right. You need to apply for labor again. Infact I did it myself.
I changed location ( same company ) and had to refile the labor again. you can port 140 PD .
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  #5 (permalink)  
Old 06-21-2011, 04:15 PM
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Thanks Anu,

can you explain more on "you can port 140 PD"?

Thanks.
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  #6 (permalink)  
Old 06-21-2011, 04:33 PM
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what abt same city, but different location say 10 miles difference?
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  #7 (permalink)  
Old 06-21-2011, 04:59 PM
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Quote:
Originally Posted by rajeshj_18 View Post
Thanks Nag,

So once my I140 is approved, attorney should once again file labor but this time i can retain the old priority date. is that correct?

or are you saying that once I140 is approved, i can change city without applying for labor once again?

Which one is correct?
rajesh,

if you change your job after your i140 is approved, you can re-file perm and i140 and retain pd.

however, HR depts usually have waiting periods before they re-file perm and i140 because of cost involved to the company.

re-filing perm requires your employer to re-advertise the job and do all the work again in a new city. the fact that your perm was approved in houston does not guarantee its automatic approval in austin.

your employer's business in houston should be operational when you try to port your priority date. if the business location in houston is shut-down, this may complicate your pd porting process.

talk to an outside lawyer with full details of your case before you make your decision.

nag
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  #8 (permalink)  
Old 06-21-2011, 05:01 PM
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Quote:
Originally Posted by gettoimmivoice View Post
what abt same city, but different location say 10 miles difference?
if your employer shifts to a different building within the same city, you are not required to re-file perm.

however, if you are a consultant and moving from client-a to client-b, consult your attorney about possible implications on your gc process.

nag
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  #9 (permalink)  
Old 06-21-2011, 07:47 PM
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Hi,

I will be working in same company, same job, same job description. only the work location is changing. even in that case also, after i140 is approved, the labor should should be filed again is it(by keepint PD same)?

Thanks.
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  #10 (permalink)  
Old 06-21-2011, 08:31 PM
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Yes Rahesh. You have to file labor again if location is different.
i.e. the same basic procedure of applying the labor has to be followed again.
If your 140 has been approved , then you can ask for the old PD to interfile when you apply for 485. And thus maintain the PD of your old labor.
I hope it makes clear now.
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  #11 (permalink)  
Old 06-21-2011, 11:24 PM
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When you file your new labor petition do ensure that your primary place of work is your new office and your secondary place of work is any client/ your employer location in the US. My labor petition was approved in this way and after this I worked in 3 different states and never had any issues.
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