Change locations within same company?

S

scu123

Registered Users (C)
I just got my I140 approved and its been a few days since my
485 has ben filed. I have a very good offer from another group in my company itself, but it is in a different state. The job description
can be kept similar to my current one.

Does anyone know when one is eligible to change locations
within the same company without having to refile a new application for the GC? Is it still 180 days after filing I-485, or is
there some rule by which I can move sooner since it is within the
same company?

Any information would really be appreciated, as my company lawyers have not been very helpful other than saying I should stay put till I receive the greencard. At the rate its been going that could be a few years from now.
 
i believe after 180 days of your filing for i-485, you can use AC21 to move to a different location.
 
I meet the similiar situation before and the lawyer of company says it is OK to move anytime and will not affect the green card aplpication since it is in the same corporation.
 
If the employer is same (i.e the paystub employer address/fed id etc will not change) then you are fine. If not you have to file a I140 amendment and wait for the amendment to get through before getting the I485 approved.
 
b carefull

looks like you are concurrent filer and in this case some conservative opnions are saying that you should wait until your I-140 has passed the 180 days after approved then you are ready for ac21.

some others opinions conclude that you should be ok if and only if your 485 has been filed for more than 180 days.

in regards of changing locations this is a gray are in ac21 and still no regulations have come on board

the expert
 
Thanks to everyone for their inputs. I finally did get confirmation from my company lawyers - I need to wait for at least 180 days
after filing I-485 and then make use of AC21. This will be allowed only after I read all the implications and sign off saying I understand the risk of doing this. Anyway, looks like I need to wait before accepting any offers even within the same company
:-(
 
scu123,
I filed my I-140/I-485 concurrently and is pending for about 2 months now,. My EAD has been approved. There might a lay off and hence, am exploring my options.

* Can i switch companies and continue the process or do i have to apply from scratch again?

* Can I find another job within my company and continue the process?

I know your response says something to this effect but I am not very clear.

Thanks.
 
abouttime,

Here is what I understood from various sources. Even to change jobs within the same company, you must wait 180 days and then use AC21 to move. If you do wait for 180 days, you are no longer restricted to looking for opening in your own compnay, you can also apply for jobs in other companies.

In my case, my new position is in a different "statistical metropolitan area" so I must wait the 6 months. If you find a position in the same city, I believe you could work something out with your new manager to keep the job description the same, then you can change any time.

Keep in mind I am not an expert in this and you should verify this with your company lawyers.
 
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