Labor issues in I-485?

K

kannav32

Registered Users (C)
Hey Guys,

I have read in usvisanews Web Site that if the Labor Certification was not done with the Companies Headquarters in mind, then it could bring about problems in the I485 stage.

I have the following Questions:-

1) My labor was filed from Iowa since my company has one of its regional headquarters there. My client is currently located in New York area. Will this be a problem?

2) In which section of the Labor Application is it mentioned that a person can work anywhere in the USA. (I am asking my employer details about the Labor Application and he is only giving me a copy of “PART B” of the application). I guess I need to get Part A of the same to get to the location of job section, but my chances of getting to it are pretty bleak.

3) Is there anything as a NATIONAL Level Labor? How can one apply for it? Is that what one needs to apply for, if they are in the consulting field?

Gurus, any insight into this issue would be greatly helpful in me making a decision about whether I can continue to stay in NY or need to find an employer in Iowa.

This forum is great for newbies like me in understanding immigration matters. Thanks a lot!
 
hi again,

my concern is can i apply for lc from the headquarter of the company where the lc is fast although i work in another state? will this create a problem at any satge? how did ur lawyer accepted to apply for u from iowa instead of where u work? what was the condition?
 
Iowa was where my employer was filing all their LC's from. And, I am in the same boat as you, wondering if it will create problems later. I am now not sure whether this was a good thing or bad thing. :confused:
 
kannav32 said:
Iowa was where my employer was filing all their LC's from. And, I am in the same boat as you, wondering if it will create problems later. I am now not sure whether this was a good thing or bad thing. :confused:
Click to expand...

Generally, you can file from the company's headquarters or from the actual work location. I have never heard of filing from any other location and having it work. However, due to AC21 portability after the I-140 has been approved and the I-485 has been pending for more than 180 days work location seems to be less important. Assuming that you are in the I-485 stage and are AC21 qualified to port, I do not belive that you will encounter any insurmountable problems (unless USCIS determines that the LC was fraudlently obtained since it was filed from a location where there was never any intent to employ you).
 
Last edited by a moderator:
Jim Mills said:
Generally, you can file from the company's headquarters or from the actual work location. I have never heard of filing from any other location and having it work. However, due to AC21 portability after the I-140 has been approved and the I-485 has been pending for more than 180 days work location seems to be less important. Assuming that you are in the I-485 stage and are AC21 qualified to port, I do not belive that you will encounter any insurmountable problems (unless USCIS determines that the LC was fraudlently obtained since it was filed from a location where there was never any intent to employ you).
Click to expand...

hi,

i work permanently in WA state for a company. the lc process in WA is very lengthy.
my company has its headquarter in Idaho state, i was wondering if i can apply my case from there although i'm in WA because lc process is much faster.
the coincidence is that, at dol federal level both WA and idaho go to the same federal dol and then for nebarska INS.

so in ur opinion is this whole thing feasible and would i face any problem in applying lc from idaho at any stage because i didn't work there?

i'm askin about that because i already applied to WA but i'm desperate from it so i'm thinking about a safe alternative.
 
antonioa77 said:
hi,

i work permanently in WA state for a company. the lc process in WA is very lengthy.
my company has its headquarter in Idaho state, i was wondering if i can apply my case from there although i'm in WA because lc process is much faster.
the coincidence is that, at dol federal level both WA and idaho go to the same federal dol and then for nebarska INS.

so in ur opinion is this whole thing feasible and would i face any problem in applying lc from idaho at any stage because i didn't work there?

i'm askin about that because i already applied to WA but i'm desperate from it so i'm thinking about a safe alternative.
Click to expand...

You can apply form Idaho and state "and other unanticipated work locations throughout the United States". That is what is normally done for roving employees who go from contract to contract without knowing where they will be. This only works with the corporate headquarters though.
 
Jim Mills said:
You can apply form Idaho and state "and other unanticipated work locations throughout the United States". That is what is normally done for roving employees who go from contract to contract without knowing where they will be. This only works with the corporate headquarters though.
Click to expand...

thanks again,

but i'm not a rotating employee, i'm just permanent in wa. the only thing to apply from idaho is to get a faster approval. is it fine to do that in my case? again my work location will remain wa. any suggestions will be welcomed.
 
antonioa77 said:
hi again,

my concern is can i apply for lc from the headquarter of the company where the lc is fast although i work in another state? will this create a problem at any satge? how did ur lawyer accepted to apply for u from iowa instead of where u work? what was the condition?
Click to expand...

you can legally file gc labor from any state BUT its better to file from the location of your company headquarters as your job location may not be definite considering the employment opportunities and consulting business practice.

BUT its illegal to file gc labor from a state by claiming that state to be a branch location which will affect your greencard or future anytime before or after greencard.

remember that you have to work in the location specified in the gc labor immediately after your gc is approved failing which is illegal and you have to face greater risk anytime - on or before citizenship adjudication or gc renewal by 10 years.

there are many people who file in montana, wyoming, new hampshire, vermont, south/north dakota etc to benefit fast labor processing time but time will let you all know whats going to happen to them
 
Last edited by a moderator:
saigc said:
you can legally file gc labor from any state BUT its better to file from the location of your company headquarters as your job location may not be definite considering the employment opportunities and consulting business practice.

BUT its illegal to file gc labor from a state by claiming that state to be a branch location which will affect your greencard or future anytime before or after greencard.

remember that you have to work in the location specified in the gc labor immediately after your gc is approved failing which is illegal and you have to face greater risk anytime - on or before citizenship adjudication or gc renewal by 10 years.

there are many people who file in montana, wyoming, new hampshire, vermont, south/north dakota etc to benefit fast labor processing time but time will let you all know whats going to happen to them
Click to expand...
hi,

it is not really clear.
r u saying that if i work in state A permanently but lc is slow there, i will not have any problem in applying lc from state B (faster lc handling than A)where the headquarter is present, but where i will never work?

regards,
 
You can apply form Idaho and state "and other unanticipated work locations throughout the United States". That is what is normally done for roving employees who go from contract to contract without knowing where they will be. This only works with the corporate headquarters though.
Click to expand...

Thanks, Jim!! Your response clarifies a lot of things for me. I looked at my company website and they don't really have a "corporate headquarters". They have "Corporate Office" in VA, but 4 other locations in US they call "Regional Headquarters". I am not sure why it is setup the way it is, but, Iowa is one of their regional headquarters and that is where my labor is filed from.

My labor and I-140 have been approved already and it is more than 6 months since I filed for my I-485, so technically I am eligible for AC-21. I am not sure what was mentioned in #7, ETA-750 part A as my employer is refusing to give it to me. Possibly he feels that I might use AC-21 if I have access to it.

In view of all this information, do you think it might be in my best interest to find a client in Iowa? I really don't want anybody to think I am trying to get a GC using fraudulent means, as that is not what I am after. I have been in this country for over 8 years, and would have had a GC if I applied at the right time. It is just that I was careless and did not apply when I needed to, and now when I have, looks like my employer might have done something not completely straight forward.

Thanks Guys for all you responses!!!
 
You must log in or register to reply here.
Top