GC question

E

enquirer_andy

Registered Users (C)
My employer applied for my green card under PERM. I have got approval of LC and I-140. But I cannot apply for I-485 until my priority date is current. My company is going to be closed within a few months; which means I wont be able to apply for I-485.
My questions are -
1) If my current employer transfers me to a different location (state), what happens to the GC already filed, is it valid or do i have to start over again (including Labor certification and I-140) since I changed the location?
2) If I change employer, do I have to file the GC all over again under PERM with the new employer even though my LC and I-140 is approved with the current employer?
Please advice. Any inputs will be highly appreciated. Thank you.
 
enquirer_andy said:
My employer applied for my green card under PERM. I have got approval of LC and I-140. But I cannot apply for I-485 until my priority date is current. My company is going to be closed within a few months; which means I wont be able to apply for I-485.
My questions are -
1) If my current employer transfers me to a different location (state), what happens to the GC already filed, is it valid or do i have to start over again (including Labor certification and I-140) since I changed the location?
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If it is the same employer, then depends on what is mentioned in the LC. Some LCs are approved with the wording as "multiple work sites". If multiple locations is not mentioned, still you an try, but it depends on the employer if they want to do so or not.
2) If I change employer, do I have to file the GC all over again under PERM with the new employer even though my LC and I-140 is approved with the current employer?
Please advice. Any inputs will be highly appreciated. Thank you.
Click to expand...
If you change your employer, then you wil have to start again from LC. The only benifit will be that you can retain your PD since 140 is approved. Make sure to have proof of 140 approval with you.
 
Thanks for your reply, Eric. I read your heart warming story. I am so glad that you finally made it with UN's help. Thank God that he sent UN for your help. Congratulations on your success.
Regarding my case, I dont believe my attorney filed for "multiple locations" on my LC. Basically my company is closing down here and moving to a different state but the name of the company is going to be the same as now. If they transfer me to this new location, the name of the company being the same; will it affect my GC processing. Do I still have to start all over again at this new location? Please advice.
 
Hey Eric, another question. You said if I change to a new job, I will have to start all over again with LC but I can use the same PD. Do I have to apply for I-140 again too? What if my PD is already met by the time I apply for new LC, does the PD still hold good?
 
Andy,
In my understanding, yes you should be applying for 140 again. In that application you should mention about your first 140 and then your PD will be that of the older case, whether the PD is met by the visa date or not, you will have the benefit of retaining the PD of the older case.
 
enquirer_andy said:
Thanks for your reply, Eric. I read your heart warming story. I am so glad that you finally made it with UN's help. Thank God that he sent UN for your help. Congratulations on your success.
Regarding my case, I dont believe my attorney filed for "multiple locations" on my LC. Basically my company is closing down here and moving to a different state but the name of the company is going to be the same as now. If they transfer me to this new location, the name of the company being the same; will it affect my GC processing. Do I still have to start all over again at this new location? Please advice.
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Thanks Andy! I am glad I found UN to get my GC approved.

If you go strictly by the rules, yes, you will have to start GC agin from LC stage from the new location. Remember each LC is for a particular position at a particular location, so if that location is gone, the position is also gone. But if company is willing, then they can continue with the same GC. Let me tell you what happened with one of my friends. He works for a big company (fortune 10 type). They have multiple locations. His LC was filed form state XX. It took him some 5 years to get the GC. During these 5 years, his company kept him moving from state to state. When his 485 was approved, he was not in the original state XX but was in say YY. Then company HR asked him to move to state XX. He worked there for 6 months and then he was again moved back to state YY.

The difference in your situation is that your company is closing that office altogether so there is a very minimal risk of USCIS asking about that.
 
enquirer_andy said:
Hey Eric, another question. You said if I change to a new job, I will have to start all over again with LC but I can use the same PD. Do I have to apply for I-140 again too? What if my PD is already met by the time I apply for new LC, does the PD still hold good?
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As Nervewreck has said, you will have to file new 140. When you say PD met, it means PD is current, so if your PD is current it is a good thing, you will be able to file 140 and 485 concurrently. Nothing to be worried about. Yes, the PD still holds good.
 
Hi Eric and Nervewreck, thank you so much for your replies. Eric, you gave an exapmle of your friend. But in my case, since we are closing down here, I wont be able to come back to work here after I-485 approval. So, I am concerned that, wouldnt the USCIS cancel the GC if they find out that the original location is closed even before applying for I-485?
 
enquirer_andy said:
Hi Eric and Nervewreck, thank you so much for your replies. Eric, you gave an exapmle of your friend. But in my case, since we are closing down here, I wont be able to come back to work here after I-485 approval. So, I am concerned that, wouldnt the USCIS cancel the GC if they find out that the original location is closed even before applying for I-485?
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Yes, they may cancel it, but it is a risk worth taking. To cover yourself, you should start the new LC process as soon as you move to new location, or even before that.
 
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