Change job location with same employer.

W

weigoodone1

Registered Users (C)
Hi, I changed job location 180days before I485 and I-140 still pending. Now my lawyer send me this message. Should I do what he says? Thanks!

1. Your Labor Certification Petition was filed for a job located in
Chicago, IL.

2. The LCP was filed through the IL State Workforce Agency and
certified by the Regional DOL office in Chicago.

3. Doing the same job at a rate of pay above the certified salary level of $XXX annually, in Ann Arbor, Michigan, could be a series problem in obtaining a favorable CIS response to your I-485 application.

4. If you are going to be at the job location in Ann Arbor, MI for only a temporary assignment and then returning to the Chicago, IL location before your I-485 application is adjudicated, you should be OK----the "key" point here is that the CIS needs to be comfortable with the fact that ongoing/long-term employment is available in Chicago as was described in the LCP process----remember that the Employment Based Green Card process is
"grounded" on the concept that ongoing permanent employment is available in a job where a U.S. citizen was not found----your LCP indicated that this "ongoing" job was located in Chicago, IL, not Ann Arbor, MI.

5. Further, it is my understanding that you currently have H1B status that is valid until 4-15-2005. If this is correct, it is highly recommended that an amended H1B petition be filed with the CIS if your "temporary" assignment in Ann Arbor, MI is going to be longer than 30 days. In addition to satisfying H1B regulations, this amended H1B filing will add further documentation for the CIS to consider when they are reviewing your I-485
application and the issue of "ongoing/long-term" employment in Chicago (see notes referenced above in point #4).
 
Hi ,
My Attorney is also going to inform abt my change of job location. I suppose to work in Atlanta. Now I moved to Maryland.
I 140 approved , i 485 pending more than 1 yr.

I have been working in H1b. I don;t know how he is going to do.

-sank
 
GC is about future job. So you current or the new changed location should not matter at all.
In future - after 6 mo of 485 you can claim AC21 and opt for the new location. There is no specific procedure/neeed to do this. AC21 is optional.

So I don't know what fuss your lawyer is creating.

Good Luck.
 
Thanks, Guys.

From my last post, I know that my GC process should not be affected by my change of location even though the I-140 still pending and less than 180 days of I-485.

I am just wondering if my H1 affected by change of location at all. Sure when they renew my H-1, they should notify USCIS this change, but not now, right?
 
H1 is location specific. If you move to a diffrenet location your company has to notify BCIS. Sometimes H1 is filed for company location but you work at client- that is mentioned in H1 -> else you have to notify.
HTH
 
Sb_tiger:

You mean if the H-1 is filed for my work site at the client, I will need notify BCIS of the change. If the H-1 is filed at my company's headquater, I would not need to do so, right?

Thank you!
 
H1 is location specific.
If you worded the H1 stating you could be working at several clients in several locations- the nature of your specific job- support etc. Then you don't have to notify else you have to.
HTH
 
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