I-485/telecommute

babaluma

Registered Users (C)
I applied for AOS in March,2004 at Vermont. I have received my EAD a month ago. I am thinking about moving to Chicago where my girlfriend lives (maybe temporarily, maybe not, not sure yet.) I also want to keep my current job, and telecommute from Chicago and make the occasional trip to East Coast every other month. I read some of the posts here, but it's still not very clear what the situation would be. Is it just a matter of submitting change of address to VSC? Do I need to transfer my case to another service center? Do I need a new LC? Could somebody shed some light on this?

Thanks,
H
 
file AR-11,if you are moving to chicago. If you are going to maintain your present address you do not have to file AR-11 or inform
 
where will your mail go ?

If you are changing your postal address, file AR11, else you don't need to do so.
 
I also asked my lawyer and here is what he says:

"If you intended to work as an H-1 from Chicago, then the current H-1 Petition would have to be amended to reflect the new worksite location. This would require a new I-129 Petition with a new LCA.
As far as the I-485 goes - the Labor Certification that is the basis of your greencard application indicates that the Permanent job offer is located in the VA area. So the US CIS must be satisfied that you intend to accept this permanent position in VA. In theory you may work in Chicago while the Greencard application is pending (using your EAD or through an amended H-1), but you would have to convince the US CIS that you intend to return to VA to accept the permanent position with (company name here)."

So I guess my best option is switch to AOS status from H-1B, use EAD, submit AR11 and wait for I485 approval. Is it correct? And how does one "convince USCIS that you intend to return to VA to accept the permanent position with X"?

Could somebody shed some light on this?

Thanks
H
 
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