Labor certification and relocation.

G

goofus

New Member
Hi all,

I currently work for a company in California. My company applied for my labor cert sometime in June 2000. The DOL finally approved it in Nov 2003 last year, and my employer or my attorneys conviniently did not mention it to me. I had given up hope, but decided to check the status anyways, and found out last week, that my labor has indeed been approved.

However my company is closing down its office here in California and is relocating me to Georgia, as early as March. My lawyers were planning on refiling for labor all over again in Georgia( or at least that is what I am thinking, since its hard to actually get them on the phone ).

Anyways, now that I know that my Labor is thru, Can my employer file for my I140 and my 485 in Georgia, based on the Labor that was cleared for california ?

Should my company file for the I 140/485 in california, and then later transfer it to Georgia?

Lastly, how long does it take to get an EAD these days ?

I can probably convince my company to retain me here for another couple of months if it helps, but I would like you gurus to tell me what the best approach is. Based on what you folks say, I might actaully end up advising my lawyers..:(

Thanks in advance for your inputs
 
If your position is being relocated by March, you will have to restart your GC process.

001
Originally posted by goofus
Hi all,

I currently work for a company in California. My company applied for my labor cert sometime in June 2000. The DOL finally approved it in Nov 2003 last year, and my employer or my attorneys conviniently did not mention it to me. I had given up hope, but decided to check the status anyways, and found out last week, that my labor has indeed been approved.

However my company is closing down its office here in California and is relocating me to Georgia, as early as March. My lawyers were planning on refiling for labor all over again in Georgia( or at least that is what I am thinking, since its hard to actually get them on the phone ).

Anyways, now that I know that my Labor is thru, Can my employer file for my I140 and my 485 in Georgia, based on the Labor that was cleared for california ?

Should my company file for the I 140/485 in california, and then later transfer it to Georgia?

Lastly, how long does it take to get an EAD these days ?

I can probably convince my company to retain me here for another couple of months if it helps, but I would like you gurus to tell me what the best approach is. Based on what you folks say, I might actaully end up advising my lawyers..:(

Thanks in advance for your inputs
Click to expand...
 
Definitely, you should consult an immigration lawyer. I would strongly suggest, you are in a critical stage, you have to go for immediate consultaion without losing the time before your company moves to elsewhere. May be law has some provisions regarding BEFORE and AFTER conditions/situations in this scenario.
Now a days LC approvals are an absolut blessing, sooner the better in GC Queue. Go ahead.
 
I doubt there are many avenues, since the company has already decided to relocate and the job is no longer available at the petitioned location - you are not supposed to file any more stages.

You cant file your 140/485 from Georgia based on approved labor from California.

You cant file your 140/485 in California because the job is not longer existing in California.

To make use of transfer, you need to have an approved 140 and have spent 180 days in 485 stage. currently California is still held up in early 2002 for 140 (it did not move for the last 10 months). So, unless your company agrees to keep the job in California for a long term basis (at least 1-2 years) - I doubt there is much which can be done.


001
Originally posted by assur
Definitely, you should consult an immigration lawyer. I would strongly suggest, you are in a critical stage, you have to go for immediate consultaion without losing the time before your company moves to elsewhere. May be law has some provisions regarding BEFORE and AFTER conditions/situations in this scenario.
Now a days LC approvals are an absolut blessing, sooner the better in GC Queue. Go ahead.
Click to expand...
 
goofus,

Ask your company to file one LC from new location. Meanwhile get 140/485 applied from CA and try to stay in CA till you get your 140 done. That will be the best course for you.
 
Originally posted by Jharkhandi
goofus,

Ask your company to file one LC from new location. Meanwhile get 140/485 applied from CA and try to stay in CA till you get your 140 done. That will be the best course for you.
Click to expand...
Makes sense and secures. Agreed.
 
Thanx all for your inputs....
Two Questions,

I could probably convince my company into not relocating me for another 6 months. However, I need to know if its absolutely necessary to have an approved I 140 ?

Secondly, If i were to reapply for my labor now from Georgia, and since my labor in California has already been approved, and since its the same job that is moving, Is there a provision to keep the priority date the same as my old labor application ? In other words, is there a chance that my labor in Georgia is certified immediately because I had a approved labor form here, or is it going to be another 2 1/2 yrs ?
 
goofus-

You have to wait for 140 approval and your 485 should be filed for at least more than 180 days to use AC21 portability.

To the best of my knowledge, you can retain priority date from CA.
 
Originally posted by goofus
Thanx all for your inputs....
Two Questions,

I could probably convince my company into not relocating me for another 6 months. However, I need to know if its absolutely necessary to have an approved I 140 ?

Secondly, If i were to reapply for my labor now from Georgia, and since my labor in California has already been approved, and since its the same job that is moving, Is there a provision to keep the priority date the same as my old labor application ? In other words, is there a chance that my labor in Georgia is certified immediately because I had a approved labor form here, or is it going to be another 2 1/2 yrs ?
Click to expand...

If your labor has to be filed again, your PD will not remain same but the best part would be that assur will agree to it again.
 
Originally posted by Jharkhandi
If your labor has to be filed again, your PD will not remain same but the best part would be that assur will agree to it again.
Click to expand...
Stamp is necessary... so I do.
 
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