Labor Certification pending - job relocation

L

liderc2

Registered Users (C)
Colleagues, I'm waiting for the approval of RIR LC in Chicago, application date 3/31/2004. Corporate office is moving my department to Houston, company will still have branches in Chicago. Do I need to restart RIR LC in Houston? How can I finish my Green Card based on the existing process? Is there any goverment link that describes what to do in these cases?

Thanks for your answers.
 
Looks like there are a few folks under my situation, would be nice if somebody that know something about this job relocation under the same company.
 
Lawyer says that I can have 2 LC running at the same time one in Chicago and one in Houston, if Chicago gets approved first then they'll pull Houston LC application, now my question is:
would Houston LC RIR be processed faster if I apply after 1/1/2005 or am I better of applying before 12/31/2004?
 
Last edited by a moderator:
liderc2 said:
Lawyer says that I can have 2 LC running at the same time one in Chicago and one in Houston, if Chicago gets approved first then they'll pull Houston LC application, now my question is:
would Houston LC RIR be processed faster if I apply after 1/1/2005 or am I better of applying before 12/31/2004?
Click to expand...
In case your Chicago case is approved they will withdraw your Houston case then file I-140 with your Chicago LC. If this is the case, did your attorney say whether you need to move back to work in Chicago to keep your green card process valid?
I have two LC on file. One was filed in the location where the head quarter of my company locates, the other was my current working location. I asked my attorney whether I can keep filing I-140 if the first one got approved first. She told me it depends on whether the company will offer me a position in the location where I filed my first LC. If not, she will recommend to wait for the second LC getting approved. I remember to see some discussion regarding LC filing location, and my impression is LC location doesn't need to be working location as long as LC location has the company's operation, company head quarter is better. Can somebody give some insight on this?
 
Thanks for your comments unitednations and IN_LC_2002.

My attorney is aware that my employer is moving headquarters from Chicago to Houston and that there will be operational branches in Chicago, she said that after LC is approved they will file I-140 and I-485. As far as I know LC is for future employment in U.S. for a particular position (job duties), also reading some postings I think there shouldn't be a problem using Chicago's LC approval to finish my GC process. Please correct me if I'm wrong.

There won't be a chance to come back to Chicago and work for my current employer, however reading some postings I had the impression that another employer can finish my current GC process and long as I keep doing the same job, is that correct? or do I have to wait 180 days after I-485 is applied?

Due to long processing times for LC and that in Houston I will be doing the same duties described in Chicago's LC and the fact that I was working and living in Chicago when I started LC, I think should be a good argument to argue with USCIS in case of any problem, please give me some advice on this.

Attorney mentioned that H1 requires to notify of work relocation, so I will have to change my W2 and mailing address.

IN_LC_2002, if your attorney recomends to wait for 2nd LC to be approved, what would be the purpose of having 2 running? just in case you come back to 1st LC location???

Unitednations, are you saying that I need to be working and living in Chicago at the time that I-140 and I-485 are filed? The document you attached kind of supports the fact that I started the process in one place and for work reasons I had to move to 2nd place. I'm going to make sure my H1 keeps valid by updating the work location.
 
Last edited by a moderator:
The reason for having both LC running is you never know which will come through faster. Before the memo DOL sent to SWAs, my second LC will definitely go through faster. But after the memo, things have changed dramatically.
 
Gurus, I've moved to Houston. It's been big decision time since company moved headquarters to Houston.

Lawyer says they are ready to apply for the RIR for Texas before March, 28 2005. Reading in the other forums looks like this time my case will go to the BEC in Dallas and will be processed in a national FIFO queue, which means I'm loosing all the time I spent in Chicago since company won't offer me a Job in Chicago if LC is approved.

If I want to apply for PERM, lawyer says they'll need to do a lot more work which means money and in addition to that they can't provide an ETA for how long will take to have all docs ready for PERM. I'm on my 5th year under H1 and company may be sold and who knows what will happen.

I know in the BEC there are more people processing cases, should I spend more time and money and file thru PERM or should I try to save some time and apply the new RIR?

Will PERM slow down the old RIR cases?

Thanks in advance for your comments.
 
liderc2 said:
Gurus, I've moved to Houston. It's been big decision time since company moved headquarters to Houston.

Lawyer says they are ready to apply for the RIR for Texas before March, 28 2005. Reading in the other forums looks like this time my case will go to the BEC in Dallas and will be processed in a national FIFO queue, which means I'm loosing all the time I spent in Chicago since company won't offer me a Job in Chicago if LC is approved.

If I want to apply for PERM, lawyer says they'll need to do a lot more work which means money and in addition to that they can't provide an ETA for how long will take to have all docs ready for PERM. I'm on my 5th year under H1 and company may be sold and who knows what will happen.

I know in the BEC there are more people processing cases, should I spend more time and money and file thru PERM or should I try to save some time and apply the new RIR?

Will PERM slow down the old RIR cases?

Thanks in advance for your comments.
Click to expand...


If you qualify and if your case can be filed under EB-2 then go for PERM.
Else RIR is fine.

Good Luck.
 
Especially when you don't know if your company can survive longer or not it is better to get things fast. So you should be going for PERM if your position qualifies for EB2 under PERM and if your attorney is ready to do, though it is expensive. [though I don't see why it can be expensive]. Rajiv khanna's site says both PERM and non PERM same fee. And ad process is also same for RIR and PERM.



liderc2 said:
Gurus, I've moved to Houston. It's been big decision time since company moved headquarters to Houston.

Lawyer says they are ready to apply for the RIR for Texas before March, 28 2005. Reading in the other forums looks like this time my case will go to the BEC in Dallas and will be processed in a national FIFO queue, which means I'm loosing all the time I spent in Chicago since company won't offer me a Job in Chicago if LC is approved.

If I want to apply for PERM, lawyer says they'll need to do a lot more work which means money and in addition to that they can't provide an ETA for how long will take to have all docs ready for PERM. I'm on my 5th year under H1 and company may be sold and who knows what will happen.

I know in the BEC there are more people processing cases, should I spend more time and money and file thru PERM or should I try to save some time and apply the new RIR?

Will PERM slow down the old RIR cases?

Thanks in advance for your comments.
Click to expand...
 
Thanks all for your answers, I just talked to the lawyer and HR confirmed they are not willing to spend the time and money to get all docs for PERM.

They'll file RIR in the next 2 weeks, they anticipate in no more than 2 years my case will be cleared.

Only hope now is that company survives and my case in TX is approved soon. What a frustration.
 
You must log in or register to reply here.
Top