I485 pending, have valid H1, compnay address change

N

NCwaiter

Registered Users (C)
I485 pending, have valid H1, company address change

Hi, guys
I485 ND 8/2001
FD 12/2002
Right now I am still working under H1B (renew application submit by the company on 01/13/2003-pending too). My company will move to another place in the some city (about 10 miles). Do I need to do something? I mean submit a form something?
My wife is the primary I 485 applicant.

Thanks
 
Last edited by a moderator:
some info.

Samething happend to me 7 months back. I submitted a letter to INS stating my company's new address (within the same metroplex).In my case Im the primary applicant

Hope this helps
 
Thanks

Do you get reply from INS? If I do not do anything, am I legal?
If they approve the H1B application, it should show the old address on the approve notice. Is that OK?
 
Re

NCwaiter

maybe your situation is different. I have been on EAD not H1B. Just to keep the right information with the INS I did through my lawyer. But even if i did not do that, it really does not matter.
 
be careful

Here is my real story

i got my FIRST labor certificate in CA in 1998, but company moved to NC where is 2,000+ miles away, when I filed I-140, INS told me that even i moved within couple miles, I have to reapply new labor certificate in that new area!!

I spent 2+ years to get my SECOND labor certificate in NC, and filed 485 in 2001, then you know what happens to us ...

I am not for sure whether it is a problem to you, as I understand from my case, labor certificate is area sensitive. you may ask your lawer.

Good luck to you, and good luck to all of us.
 
Re

cplusplus:

I am not the primary applicant, my wife is. And it is not an EB case.
It is an extraordinary alien worker case. We do not have the labor certificate.

So I am just working under my H1B. I do have EAD, just not using it.

Is H1B area sensitive or company sensitive?


Thank.
 
no problem to you at all

NCwaiter

i had problem because my immigration key is labor certificate which is really area sensitive (their logic is that the boss cannot find engineer in this area, when they moved, they may first find american labor in new area).

if you do not apply greed card based on labor certificate. NO PROBLEM AT ALL :p

sorry to bother you, we all will get that plastic card soon :D
 
comments

Just to want to make a comment on cpluscplus. If an applicant is moving away from the statistical area where the LC was filed then you have to file the labor again, otherwise if the company is moved to next street or nex block it does not make any difference. Because LC is not for a particular address , and it is for a specific area. But if you move state to state then defintely you must file LC again, even in this case you can file AC21 to protect your case. My company is moved to different street but so far no problem I-140 was approve, EAD, 131 everything has been approved and no REF so far.

I got this answer when I told about my company new address to my lawyer (LOSM)

Hope this help.
 
to EDW2002

it happened to me five years ago, i was rejected by iio in ca when i filed i-140. then my attoney found the related regulation in ca that indicated the distance is 11 miles (maybe 10 miles, i cannot remember), if new address is out of that range, EVEN same street (in los angeles many streets are over 20 miles, as my attoney said), you have to apply new labor certificate. different states, maybe slightly difference, but they DO have distance limitation. of course, my distance is over 2,000+ miles, so i gave up immediately.

EDW2002 's comment is very reasonable, unfortunately i had to redo the labor certificate:mad:

thanks;)
 
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