I-485 Portability across relocation within same company but different states

S

somenb

New Member
Hi,
I am on a H1-B and work for a company in their
Missouri branch.
My I-485/EB3 was filed on last week of May-2002.
EAD was approved on 13-July-2002, from NSC.
My company is closing the Missouri branch
in August for business reasons and going to
relocate me to the Boston, MA branch on
end of July-2002, by a H1-B transfer.

The attorney thinks it might be necessary to
restart the green card process all over again
starting from LCA, I-140 etc. because of
relocation across state boundaries(MO-->MA)
before 180 days were complete.

My question is that since I will be working for
the same employer/company and same type of job,
except the geography change, is there any way
that the current I-485 processing can continue
without restarting the GC process again,
even after relocation to a new state ?

I thought the AC21 law for 180 days is to
allow employer changes before I-485 approval.

Is AC21 law for portability provisions also
applicable in the case of geographic relocation
within the same company/employer ?

I would appreciate any suggestions or answers to the above questions.

Thanks,
Somen.
 
No need

I did a transfer to a different state but with the same company.
You don't need to restart the GC process.
Just file for a change of address and later in case you get an RFE , you can get an employment letter form the company indicating you work with them still but at a different branch.
Only thing about this is your case might get moved from NSC to VSC, but thats just a possibility.
But there is no need to re-start your GC.
Thanks.
 
What about moving to a different company in a different state that falls under another INS service center? The only thing that remains the same is job description and salary.

Should I just file a change of address and keep my fingers crossed?
 
Diff State and Company

There is no problem working for a different company in a different state.
You can file for a change of address with the new address in the new state or give a friends address in the old state. ( But make sure you all INS and verify they have the correct address after you file for change of address - This is important part!! )
You might get an RFE, after you submit employment letter, pay stub et al, there should be no issue getting your approval.
 
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