Address change and how it affects my GC

G

gopalm73

Registered Users (C)
Hello,

I was employed in Boston with a company that filed my GC application. I used to travel a lot to Atlanta for a project. Subsequently, after my lease expired in Boston, I temporarily stayput in Michigan for 6 months and recently moved down to Altanta for good.

My company has a branch office in Atlanta now (which was non-existent at the time we filed for GC). And now, I am belonging to Atlanta payroll for the same company, though different location.

1. What happens to my LC filed from Boston/Vermont Center (with my Michigan address) in Apr 2002?
2. Morever, I was not considered under RIR case. Am I correct by saying that not filing in RIR made the process delay by around 6 months to a year?
3. Am I fine to continue with the GC LC certification as is, or is it better for me to re-file in Altanta if at all?
4. If refiling is the only option, how else can I avoid it? Eg - Move back to Boston during applying for I-140/485, or inform INS of the address changes on time to time, and avoid any re-filing...etc.
5. Does my company have any legal problems if it maintains me on Boston Payroll though I work for the Atlanta branch/Atlanta proejct??

Please help. I am totally messed up on this. I would appreciate if anyone could clarify my queries and send more information or reading material on all these processes to 'gopalm73@rediffmail.com'

Thanks a lot...
 
Gopalm73

LC?GC application is all about intent and ability from employer to hire at the requested position once the process is done (also your intent to join once application is approved).

First of all, get a good lawyer....


Answers:

1) Nothing will happen to that LC....As long as you both (yourself & company) have intent to work together in Boston.

2) I don't know exactly how long it takes in Boston to get LC approved. but u are making correct assumption...For specific dates and time it takes to process RIR or N-RIR cases by each center, check following web site..

http://www.ows.doleta.gov/

3) If u have just started your process from Boston then it's a good idea to start it again from Atlanta....Web site I mentioned in previous answer will help in making decision regarding that....

4) There is no problem with your curent application from Boston...To be on safe side one can ask his/her company to generate payroll from the place where originally LC was submitted....As long as u have qualified legal expert in your team, you should be allright.

5) That's something tax expert can answer....

Good Luck....
 
>> 1) Nothing will happen to that LC....As long as you both (yourself & company) have intent to work together in Boston.

Gopal - As I mentioned, I am no more working for Boston, and I am no more working on Boston Payroll. I am working in Atlanta and belong to Atlanta team and shall be receiving payroll on Atlanta address hereafter. So, does that mean LC needs to be refiled? Or can I just do the address change to Atlanta when I am applying for I-140/485???


>> 2) I don't know exactly how long it takes in Boston to get LC approved. but u are making correct assumption...For specific dates and time it takes to process RIR or N-RIR cases by each center, check following web site..

Gopal - Thanks. I shall check this out.

>> 3) If u have just started your process from Boston then it's a good idea to start it again from Atlanta....Web site I mentioned in previous answer will help in making decision regarding that....

Gopal - I have a date of 30-Apr-2002 of filing my LC in VSC. So is it still adviceable to restart in Atlanta? Heard Atlanta is very slow nowdays as it is Texas SC.

>> 4) There is no problem with your curent application from Boston...To be on safe side one can ask his/her company to generate payroll from the place where originally LC was submitted....As long as u have qualified legal expert in your team, you should be allright.

Gopal - They are rejecting this thought saying it is illegal to do it and fear they might get into tax problems later.

Let me know if you have answers to the above questions. And thanks for the reply. I shall be very glad to know more and take swift steps in either ways to avoid delays. Your help is greatly appreciated.

Thanks
 
Gopalm73

1) Sorry about wrong use of words, my answer should have been "Nothing will happen to that LC....As long as you both (yourself & company) have intent to work together in future"....Leave those last two words (i.e. "in Boston").

As I said before GC process is all about intent in future from you as well as your employer. If your legal team can assist you in helping to convincing INS that you will come back to Boston and work in Boston office once GC is approved, you should be allright.

2) Ya do some homework before making any decision.

3) When you said VSC, is that Vermont Service center you are refering? That office is for INS not for DOL.

You said your application was filled in Boston for LC, do you know the status of that application like where it is currently; in local SWA (SESA) or regional DOL office. Check that with your lawyer. BTW, You can also check threads pertaining to Boston and related LC application on this website.

4) If they are rejecting this then just forget about it. You will do just fine even without it.....

Good Luck...
 
Gopal - As I mentioned, I am no more working for Boston, and I am no more working on Boston Payroll. I am working in Atlanta and belong to Atlanta team and shall be receiving payroll on Atlanta address hereafter. So, does that mean LC needs to be refiled? Or can I just do the address change to Atlanta when I am applying for I-140/485???
Click to expand...

When u say Boston payroll, u mean the company address on you payroll is Atlanta? Well, as mentioned, LC is an "intend to work for a company" - you can be on H1B, on H4, on F1, outside US or even the moon, for LC purposes nobody cares where (and who) you are. LC is more a "license" to employ one more foreign worker on a specific position at a specific location. During LC approval, nobody gives a darn about the actual person to be employed. Further (one LC is cleared) company asks permission from INS to employ you presenting proof that they have a "slot" for this position (LC approval) and you, with qualifications to fit this "slot". To fit the slot 1) it should be proved that your qualifications (education, reference letters, resume, etc) match, 2) you are or will be available at specific location once GC is approved, meaning you'll come down from the moon (to Boston) and start working for the company. now, you have to realize that normally, when person is already employed at the proposed location (H1B, F1, etc) it is no brainier to prove that he/she will be available for that location once GC is approved and if person is not available for the location, INS gets stubborner and more suspicious (which is fair, BTW), that company's involved in some kinda fraud and basically, they're just using the system to get u a GC. Makes sence? That is where you need a good lawyer and what's more important, to realize that these things do not really affect LC, but will be critical for GC. So, paperwork should be written properly now and with understanding of what strategy is your legal advisor going to use to persuade INS that you're clean.

As about LC, don't worry, due to the 245(i) backlogs, u're gonna wait for a year, least, so relax :)
 
Hi gg,

Thanks for the reply. I dont think the company might need me back in Boston in future unless there are adhoc short-term projects. In any case, my company does not want to take the risk of promising to the INS that it would bring me back to Boston, or placing me on Boston payroll.

On the flipside, can I change a lawyer when my LC is being procesed? I am guessing, I would have to patiently wait till my LC is approved, and then start the I140/485 filing with a new lawyer if I want to do that.

Morever, does anyone at this stage suggest that I go in for Atlanta refiling just to keep things simpler? It obviously would mean a waste of atleast a year or year-and-a-half. Any suggestions, or ideas???


:confused:
 
Hi gopalm73,

I would suggest file one LC from Atlanta too - and let the first one continue in Boston - whichever comes thru first - grab it.

Certainly your company won't have to put you in Boston - it has to show the intent. Intent cannot be questioned as long as your company has office there. You need to sort it out with your employer.

You can change your lawyer anytime - but ensure that your lawyer passes all documents to new lawyer smoothly. There has been incident where lawyer states that 'he/she has lost the papers.'

Refiling in Atlanta is not to make things any simpler but a way to get more options for you.
 
Hi Jharkhandi.

Filing one more set of LC from Atlanta certainly seems very tempting. But doesnt it affect me if INS figures it out?

Also, what if Boston comes through first, which is more probably the case, and I go onto file I-140/485 based on that LC with my Atlanta address and my employer's address also that of Atlanta branch?

Where will I end up in a problem? Does INS object about all this during I-140/485 filing or only when they are coming through and before the final leg??

Any website which tells in detail about the various processes involved in LC, I-140/485 and what happens and when? I have no clue. You all are my saviours.

Thanks for all the help.
 
INS will have no problem as your company has two different units and both are in different states and both are interested in hiring you. Had it been same state, same job profile - SESA would have asked your employer to withdraw one (say one in Eb2 and other in Eb3).

>> Also, what if Boston comes through first, which is more probably the case, and I go onto file I-140/485
>>based on that LC with my Atlanta address and my employer's address also that of
>>Atlanta branch?

No. Use Boston Address - understand the fact that GC is intent to hire in future. You can use your Atlanta address as you can be anywhere and you are declaring your intent to join after GC is done.

>>Where will I end up in a problem? Does INS object about all this during I-140/485 filing or
>>only when they are coming through and before the final leg??

I guess if you have a good lawyer - there will not be much problem.

>> Any website which tells in detail about the various processes involved in LC, I-140/485
>>and what happens and when?

Read threads on this portal you will get sufficient details about GC. Also freely ask questions - people share their knowledge.

>> I have no clue.

No one has any either.

>> You all are my saviours.

There is no saviour. Even God seems to be on business visa in US!
Reminds me of line by Gautam Buddha to his favorite Anand: Atmadeepo Bhava. Hope you will not use last line again!
 
Thanks for the information.

When actually (or) by when latest do I have to move back to Boston to make things normal in my case of processing? I am expecting an answer as to whether I can stay in Atlanta even when my LC comes through and my lawyer applies for I-140/485 (with my Atlanta address and our Atlanta office address)? Do I need to move back when my FP comes on? Do I need to move before applying for I-140/485? Can I move back towards the end of all this processing when I am in stage of getting my GC anytime?

How long do I need to move back to Boston when I do that?

Any suggestions on a good lawyer in Atlanta/Smyrna/Marietta area?

Can a GC application be filed merely based on Employer's PO Box address?

Suggestions most welcome...
 
Hi folks,

I had to re-use this forum after a long time as now, the LCA from Boston has been approved. I have to start filing for the I-140/485.

Assuming that the company is going to file these applications out of Boston(Which is also the HQ), with my current residence address of Atlanta, and I keep submitting AR-11 for address change and keep them updated of my latest whereabouts, is there any chance that there would be a problem?

I am assuming as far as the lawyer proves that I intend to move back to Boston after the I-485/GC comes through, there should not be any issue.

Please advice.
Thanks
 
Gopal,

When did your application move to Boston DOL and when did it get approved ?

thanks


Originally posted by gopalm73
Hi folks,

I had to re-use this forum after a long time as now, the LCA from Boston has been approved. I have to start filing for the I-140/485.

Assuming that the company is going to file these applications out of Boston(Which is also the HQ), with my current residence address of Atlanta, and I keep submitting AR-11 for address change and keep them updated of my latest whereabouts, is there any chance that there would be a problem?

I am assuming as far as the lawyer proves that I intend to move back to Boston after the I-485/GC comes through, there should not be any issue.

Please advice.
Thanks
Click to expand...
 
Hi Goku...

I had applied for LCA from Boston inn Apr-2002. Subsequently I moved to Atlanta and there was confusion whether I need to re-file in TSC. But I choose to stay with the VSC for the LCA and that LCA came through end of Sept'2003.

So, Now I am in process of filing the I-140/485/EAD. So I would like to know from this forum whether it would be fine for me to file these stages with my current Atlanta residence address in VSC(company HQ is in Boston).

If anyone knows about this, please let me know.
 
AFAIK your current residence does not matter. You can very well be staying outside US while your GC is in process. Your GC application will go thru fine as long as your employer says that they intent to employ you in their Boston office when the GC comes thru.



Originally posted by gopalm73
Hi Goku...

I had applied for LCA from Boston inn Apr-2002. Subsequently I moved to Atlanta and there was confusion whether I need to re-file in TSC. But I choose to stay with the VSC for the LCA and that LCA came through end of Sept'2003.

So, Now I am in process of filing the I-140/485/EAD. So I would like to know from this forum whether it would be fine for me to file these stages with my current Atlanta residence address in VSC(company HQ is in Boston).

If anyone knows about this, please let me know.
Click to expand...
 
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