labor clearance for green card

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pandikumar

New Member
hi i'm kumar currently working in NY. My company filed for labor certification on May 2001. I still have ten more months for my H-1 to expire.In the meantime i got a job transfer to atlanta,but my lawyer said that if i shift to atlanta i may need to file for a new labor certification there because they did not specify that i will work in "various client places throughout US".So my lawyer filed for an amendement to make the necessary changes.Please let me know how this amendment procedure works.



Thanks
Kumar
 
Pandikumar

As per my understanding, LC is region/state specific. "various client places throughout US" works in LCA (i.e. H1-B petition) application not for Permanent (LC) Labor Application. If there is a change in Job location then one has following two options:

a) File a new application from new location. Forget about the old one.

b) Continue with the old LC application and if objected by INS or DOL provide document/letter from employer showing that once GC is approved you will be working at Old location. Usually people get away in this scenario as GC through employment is about future "Intent and ability by employer to hire you once GC is approved...". Hire a good attorney, he/she should be able to handle it.

If someone has other opinion, plz update this...I also would like to know any other way to get around with this situation.
 
The best way to avoid problems with location changes for roving employees is to file for the corporate headquarters and state "and other unanticipated locations throught the United States." It does work for Labor Certifications.
 
Last edited by a moderator:
hi,

First of all thanks to every one for your answers, however my problem here is

1. My 6 yrs H1 visa will expire by Aug 2003.
2. My lawyer filled the amendtment to make the changes for the current labor form filed on May 2001.
3. What is the procedure/how long it will take to clear the amendment .


Please if some one been thruogh the same situation reply me.

Thanks
Kumar.
 
Pandikumar

If President sign bill "permitting extension of H-1 beyond six years when labor certification has been pending for 365 days" , you should be OK with status wise. When/If your H1-B is about to expire, you can file for 7th year extension.

NY SWA (SESA) is still processing April 2001 cases, so it is hard to say how are they going to look into amendtment. NY SWA might not touch your application or amendtment till they start processing May 2001 cases which everyone is saying going to happen by end of the year.

Also, you can send comments posted by "Jim Mills" to your attorney and ask him to do some research/thought in that direction.


Jim Mills
Thanks for your comments....
 
senior member please reply.

senior member please reply.

My employer has head office in CA-San Francisco
they also have branch office in Harrisburg-PA

Is it possible to apply for labor from Harrisburg-PA
& then apply for I-140/485 from CA?

Please reply ASAP.
 
Ansarianas

Is it possible to apply for labor from Harrisburg-PA
& then apply for I-140/485 from CA? NO

Harrisburg local SWA (SESA) is processing RIR LC Application very quick (sometime within 10-15 Day's). Also Philly Regional DOL takes around 90 day's to process once it reaches from local office. You should be done with LC process in 4-5 months.

Regarding 140 from CA using LC from PA is not possible. Why don't you continue 140/485 from Harrisburg (PA)?

Once you have passed 180 day's (after filling 485), I guess you can move back to CA using AC21 provision.

Jim Mills --- Any thoughts?
 
Originally posted by Jim Mills
The best way to avoid problems with location changes for roving employees is to file for the corporate headquarters and state "and other unanticipated locations throught the United States." It does work for Labor Certifications.
Click to expand...

Hi Jim,

Can this provision be used in cases which are already in process ?

My case is similar. My labor certification was filed in California in July-2001 and was transfered to DOL in April-2002.

Now, my company is moving our dept to Dallas, TX.

Our company is ready to explore any legal avenues which may be helpful to its employees.

What is your opinion ?

Pramod
 
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