As far as I know, I-140 is strictly based on the LC, so if the company knows that they have moved/will move soon, then they can't file the I-140 in "good faith". If the move happens after I-140 is approved and your I-485 has been pending for 180 days, then you can use AC-21 (it's usually used to go to another employer, but you can use it within the same company, too).janewj98 said:What about the 140 and 485. If the LC is approved in one state, and the company moves to anther state right after, is it necessary to refile the LC in the new state, or the 140 and 485 are not impacted? Thanks
Not exactly. Once you have an approved LC in a state, the company can move within the same metropolitan area and file the I-140 and I-485 with this new address. BUT, if they move out of the area (where the recruitment happened), then the whole case is lost. If you file an I-140 with an out-of-state address, it will be denied and they will ask you to start a new LC. The only chance is if you can file I-140 and I-485 with the same address as the LC and then change the company's address (as an I-485 amendment) after the I-140 is approved AND the I-485 has been pending for at least 180 days. But once again: if you're at the LC stage right now and you'll do all these steps knowing that you'll change the address at the end, that's not good faith, and the application might be denied at any stage, even after the GC!!!janewj98 said:Thanks for the reply. Just want to be clear, in this case, the company does not need to refile the LC in the new state, right? It just need to file the I140 and I485 once it is moved, right?