Job transfer and LC

[h1beb2waiting]

I have filed for my LC in CA and the case is currently pending adjucation in SFO DOL. I work for company A and am planning to change my job to another department in the same company. My job title might remain same but the job description might change. My work location might change but will still be in CA. Can anyone please let me know if I can continue my LC application or will I have to file a new one due to the change in job ?

Thanks for your help.

 

[lca_001]

LC/GC are for future jobs, but they belong to the employer - so if you change your jobs, you can't transfer the benefits to your new company. If however your company (A) is willing to proceed with the GC process and you rejoin company A when the GC is processed you can keep the current LC in progress.

If however you want to stay with your new company, then you will have to ask your new company to file a new LC.

001

Originally posted by h1beb2waiting
I have filed for my LC in CA and the case is currently pending adjucation in SFO DOL. I work for company A and am planning to change my job to another department in the same company. My job title might remain same but the job description might change. My work location might change but will still be in CA. Can anyone please let me know if I can continue my LC application or will I have to file a new one due to the change in job ?

Thanks for your help.

 

[h1beb2waiting]

Thanks lca_001 for the quick reply. In my case there is no new company. I am just transferring from one department in company A to another deparment in the same company (i.e. company A). I am only worried that my job description/location might change because of that. Will that mean I have to refile the LC ? or can I continue with the old LC as the company is unchanged ?

 

[lca_001]

Sorry I spoke too soon, I did not see that you are changing depts and not companies.

If the job description changes quite significantly then you will have to refile LC (Check with your HR immigration specialist). Also, depending on which advice you take, a significant change in job location will also entail filing new LC, because LC's are approved based on prevailing job conditions in the petiotioned job location. So if you move from LA to Bay Area, the job market scene is quite different, so you will have to refile the LC, but if you move across the steet to a different building, that should not be a cause for new LC filing. Some people claim that applying from Head Office will allow you to work at any of the branch office, but I doubt that. However AC21 may help you in changing the job location once you are in 485 stage, but remember that GC process is based on the honor system that you are intending to work from the petitioned location/job once you get your GC - AC21 seems to dim that system, so talk to your lawyer.

Also you can still use the "job in future clause" and move back to your current job when you get the GC, and continue with your current GC process.

HTH,
001

Originally posted by h1beb2waiting
Thanks lca_001 for the quick reply. In my case there is no new company. I am just transferring from one department in company A to another deparment in the same company (i.e. company A). I am only worried that my job description/location might change because of that. Will that mean I have to refile the LC ? or can I continue with the old LC as the company is unchanged ?