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Filing Issue
- Thread starter desi20021
- Start date
newly saint
Registered Users (C)
This will most likely invalidate I-140
Labor certificate is approved for a job at specific location (or region). Your move to other location will most likely invalidate the labor cert and hence I-140.
However, since green card job is for future employment, your company (and you ) must agree to return to original job location for which the labor was approved. If this is the case, you will be OK.
Probably, you can benefit from AC21 if your I-485 remain unadjucated for 6 months after filing. Discuss this with your lawyer and employer. To be at safer side, see if your employer can keep you here for atleast six months (telecommute).
Labor certificate is approved for a job at specific location (or region). Your move to other location will most likely invalidate the labor cert and hence I-140.
However, since green card job is for future employment, your company (and you ) must agree to return to original job location for which the labor was approved. If this is the case, you will be OK.
Probably, you can benefit from AC21 if your I-485 remain unadjucated for 6 months after filing. Discuss this with your lawyer and employer. To be at safer side, see if your employer can keep you here for atleast six months (telecommute).
newly saint
Registered Users (C)
it is not about just change of center
Of course you can file I-140 at some other center (usually big companies file all their petitions at one center irrespective of location of job) and I-485 at some other (where you actually live). What he is asking is whether he can move to a different location....
Of course you can file I-140 at some other center (usually big companies file all their petitions at one center irrespective of location of job) and I-485 at some other (where you actually live). What he is asking is whether he can move to a different location....
reply
well
There have been many cases where the employee was transferred from one location to another
Case one
Employee is working for Company A who has filed for Labor certification and then filed I-140 and then has filed I-485 and after filing I-485 the employee has been transferred to another location but is still working for the same company
Case two
Employee has filed for Labor and I-140 and I-485 while working for company A and then has changed his job and location and
is now working for Comapny B
Case one is definitely allowed
Case two comes under the AC21 law and this has its own ifs and buts and that is a whole separate discussion.
Which case is the original poster asking about
Case one or two
I feel he is asking about case one
Request to original poster
Please clarify do u want information about case one or case two
or some other thing. Please explain in more detail.
well
There have been many cases where the employee was transferred from one location to another
Case one
Employee is working for Company A who has filed for Labor certification and then filed I-140 and then has filed I-485 and after filing I-485 the employee has been transferred to another location but is still working for the same company
Case two
Employee has filed for Labor and I-140 and I-485 while working for company A and then has changed his job and location and
is now working for Comapny B
Case one is definitely allowed
Case two comes under the AC21 law and this has its own ifs and buts and that is a whole separate discussion.
Which case is the original poster asking about
Case one or two
I feel he is asking about case one
Request to original poster
Please clarify do u want information about case one or case two
or some other thing. Please explain in more detail.
newly saint
Registered Users (C)
transferring to different location
With the exception of application of AC21, both the cases you have mentioned many not be allowed. Your assumption that keep working for the same company but at different location is allowed is completely false. "Location of employment" is one of the biggest condition in labor certificate.
Transferring itself does not make any difference, because green card job is for future, on future date employee must be working at the place for which the labor was approved and must be getting no less salary than specified in the labor. Moreover the employee and employer must be willing to work (in good faith) together permanently.
Since, final AC21 regulations are not yet published, there are lot of gray areas... applying plain language of the statute, it is possible to be transferred to different location (or employer) but in similar profession, after filing I-485. But, in this case, prey that INS does not adjucate your I-485 within 180 days of filing.
Regardless of AC21, If INS figures out that employee\'s or employer\'s intent was not to work together permanently at the location specified in labor.... immediately before filing I-485, they will most likely deny I-485 (and theoretically can prosecute... for fraud too). The question is how will they know the intent ? internal memos, emails showing that the employer had already decided to transfer the employee before filing I-485....
(I am not an attorney, this is just my opinion on this matter in general)
With the exception of application of AC21, both the cases you have mentioned many not be allowed. Your assumption that keep working for the same company but at different location is allowed is completely false. "Location of employment" is one of the biggest condition in labor certificate.
Transferring itself does not make any difference, because green card job is for future, on future date employee must be working at the place for which the labor was approved and must be getting no less salary than specified in the labor. Moreover the employee and employer must be willing to work (in good faith) together permanently.
Since, final AC21 regulations are not yet published, there are lot of gray areas... applying plain language of the statute, it is possible to be transferred to different location (or employer) but in similar profession, after filing I-485. But, in this case, prey that INS does not adjucate your I-485 within 180 days of filing.
Regardless of AC21, If INS figures out that employee\'s or employer\'s intent was not to work together permanently at the location specified in labor.... immediately before filing I-485, they will most likely deny I-485 (and theoretically can prosecute... for fraud too). The question is how will they know the intent ? internal memos, emails showing that the employer had already decided to transfer the employee before filing I-485....
(I am not an attorney, this is just my opinion on this matter in general)
newly saint
Registered Users (C)
AC21
If you are already past 6 months from the date of filing I-485 you are out of woods. If not, CSC most likely will not adjucate it. You will have to talk to the lawyer just in case CSC opens your file before six month and sends you an RFE.
If you are already past 6 months from the date of filing I-485 you are out of woods. If not, CSC most likely will not adjucate it. You will have to talk to the lawyer just in case CSC opens your file before six month and sends you an RFE.
help! my position is little different
i also did my labour and i-140 in VSC (we moved to CA during processing of i-140 because is client is located in CA) and then applied i-485 in csc. my lawyer said there won\'t be any problem, but i don\'t trust him we messed up my H1 before. i am working for the same company. guys pl. advice is it okay, i am very worried. will this cause any problem at i-485. anyone in the same position got their i-485 appproved? i am also planning to change my lawyer
i also did my labour and i-140 in VSC (we moved to CA during processing of i-140 because is client is located in CA) and then applied i-485 in csc. my lawyer said there won\'t be any problem, but i don\'t trust him we messed up my H1 before. i am working for the same company. guys pl. advice is it okay, i am very worried. will this cause any problem at i-485. anyone in the same position got their i-485 appproved? i am also planning to change my lawyer
newly saint
Registered Users (C)
Past 6 months
you should be OK. Before that if INS picks up your file, there could be troubles because your labor is no longer valid if you have moved permanently with no intention (yours or your employer\'s) to return back to the location of job specified in the labor certificate. But since CSC is taking way over 6 months to process 485s you should be OK. INS is about to publish AC21 regulations which might change some assumptions (like leaving the employer or moving before 6 months).
you should be OK. Before that if INS picks up your file, there could be troubles because your labor is no longer valid if you have moved permanently with no intention (yours or your employer\'s) to return back to the location of job specified in the labor certificate. But since CSC is taking way over 6 months to process 485s you should be OK. INS is about to publish AC21 regulations which might change some assumptions (like leaving the employer or moving before 6 months).
my 2c worth...
Here are some facts about EB based GC:
1. GC can be for a future job.
2. GC job is not only tied to employer, but also to job location, job description, salary, grade etc. Any change could trigger LC redo or I-140 amendment or LC/I-140 invalidation etc.
3. As per AC21 if I-485 is filed and 180 days passed without approval then one can change jobs (until it is a similar job, changes to items in #2 doesn\'t matter)
4. As per CSC rules I-485 can be filed where LC, I-140 filed or where the employee lives right now.
5. So before 180 days either employee should be working in GC job OR GC job is still available and employee has clear intent to work in that GC job once GC approved.
NOTE on #4: If LC, I-140 is not processed from CSC and AOS filed in CSC just because applicant lives in CSC right now and later moves to different SC location before approval then there is a possibility that the case may get transferred to new SC location.
b Now let\'s take VSC-CSC case:
As per your LC if your job location is some where in VSC area and now you moved to CA on some other temporary project and will move back to GC job once it is approved then you are just fine.
OR
In your LC job location is specified flexibly (i.e. as some thing like a consulting job and current job location as "----" but need to move to some specified location(s) or entire country etc.) then location doesn\'t matter at all. I know good knowledgeble lawyer will specify job location like this for a consulting job. But initially this type of description use to attract several RFEs at LC stage though!
OR
After filing for I-485 180 days pass then your employer may say that now the GC job is moved to CA and still GC can continue as per AC21.
b In case of desi20021:
If your LC job location is not flexible (is at a fixed location) then NO your employer cannot say that your GC job is transferred before filing for I-485! You have to start all over again starting from LC.
b In madha\'s case:
I am not sure what is the type of your transfer! I guess one of the above explanation will fit your case.
- PCee
Here are some facts about EB based GC:
1. GC can be for a future job.
2. GC job is not only tied to employer, but also to job location, job description, salary, grade etc. Any change could trigger LC redo or I-140 amendment or LC/I-140 invalidation etc.
3. As per AC21 if I-485 is filed and 180 days passed without approval then one can change jobs (until it is a similar job, changes to items in #2 doesn\'t matter)
4. As per CSC rules I-485 can be filed where LC, I-140 filed or where the employee lives right now.
5. So before 180 days either employee should be working in GC job OR GC job is still available and employee has clear intent to work in that GC job once GC approved.
NOTE on #4: If LC, I-140 is not processed from CSC and AOS filed in CSC just because applicant lives in CSC right now and later moves to different SC location before approval then there is a possibility that the case may get transferred to new SC location.
b Now let\'s take VSC-CSC case:
As per your LC if your job location is some where in VSC area and now you moved to CA on some other temporary project and will move back to GC job once it is approved then you are just fine.
OR
In your LC job location is specified flexibly (i.e. as some thing like a consulting job and current job location as "----" but need to move to some specified location(s) or entire country etc.) then location doesn\'t matter at all. I know good knowledgeble lawyer will specify job location like this for a consulting job. But initially this type of description use to attract several RFEs at LC stage though!
OR
After filing for I-485 180 days pass then your employer may say that now the GC job is moved to CA and still GC can continue as per AC21.
b In case of desi20021:
If your LC job location is not flexible (is at a fixed location) then NO your employer cannot say that your GC job is transferred before filing for I-485! You have to start all over again starting from LC.
b In madha\'s case:
I am not sure what is the type of your transfer! I guess one of the above explanation will fit your case.
- PCee
Ok I am really confused now!
My labor and I140 is through VSC and AOS has been filed at CSC.
My comapny\'s headquarter is NJ based and I am still working for the same company.
But my client is in CA so my residence comes under CSC.
I485 can either be filled from the center where your I140 is approved or from the center where your current residence is.
So technically I can stay anywhere in US but work for my company in NJ/VSC.So I had the choice of filing AOS from either VSC(I140 approval centre) or through CSC (Residence based).
I know of people on this board who have done this and successfully got approvals.
Help me if I am wrong...Thanks
My labor and I140 is through VSC and AOS has been filed at CSC.
My comapny\'s headquarter is NJ based and I am still working for the same company.
But my client is in CA so my residence comes under CSC.
I485 can either be filled from the center where your I140 is approved or from the center where your current residence is.
So technically I can stay anywhere in US but work for my company in NJ/VSC.So I had the choice of filing AOS from either VSC(I140 approval centre) or through CSC (Residence based).
I know of people on this board who have done this and successfully got approvals.
Help me if I am wrong...Thanks
sw28
u r right,but the discussion is about whether your current location during i-485 can be different from the location you applied your labour
we are in same situation, we should keep in touch.
my labour in done in NJ and i-140@VSC and applied i485@CSC
what is your ND? mine is 15th jan and just received fp(san jose)
u r right,but the discussion is about whether your current location during i-485 can be different from the location you applied your labour
we are in same situation, we should keep in touch.
my labour in done in NJ and i-140@VSC and applied i485@CSC
what is your ND? mine is 15th jan and just received fp(san jose)
newly saint
Registered Users (C)
All you have to do
is sit tight and wait. No action required from your end. You will be fine.
is sit tight and wait. No action required from your end. You will be fine.
newly saint
Registered Users (C)
I-485 can ONLY be filed with the service center
which has jurisdiction over your place of residence.
which has jurisdiction over your place of residence.
newly saint
Registered Users (C)
I know people who have committed crimes
but never prosecuted but this does not mean that if I commit crime I will not be prosecuted...
INS overlooks things but there is no guarantee that they will do the same with every case.
Nothing to do with your case, just talking in general.
but never prosecuted but this does not mean that if I commit crime I will not be prosecuted...
INS overlooks things but there is no guarantee that they will do the same with every case.
Nothing to do with your case, just talking in general.