LC and I140 approved but I am confused. Please help.

[sandy999]

My Labor certification and I140 are approved but cannot apply for I485 as priority date is still not current. Now, my company is going to shut down this business location (where I currently work) and wants to transfer me to a new location (different city and state). My question is:
Do I have to reapply for labor certification and I140 from new location, even though I still work with the same company. My lawyer said I will have to reapply for the whole process again since my LC was approved for my current city and so when I move to a new city, I have to reapply.
I am confused because some people on the forum say you dont have to reapply and some say you may have to reapply !!?? Can any experts please help me with this confusion. I will appreciate it very much. Thank you.

 

[prezcalvin]

I'm not an expert, and you should verify this with your lawyers or other more knowledgable people, but here is the answer the way I understand it:

BAD news: Yes, you have to reapply for your PERM and 140, going through the whole PERM process from scratch again.

GOOD news: You don't have to lose your priority date. You can keep your current PD with the approved 140 that you have right now. Since your priority date is not current, anyway right now you can't file for 485. And even though you have to do the whole refiling of LC/140, you won't lose your priority date. That's the most important thing.

But please verify from others

P.S. In the best case, you can be back in your current situation in 4 months or so. 3 months for PERM filing - 2 weeks for approval, 2 weeks for 140 filing and approval via premium processing. Yes, premium is that fast! So talk to your lawyers, and if my statement about the good news above is correct (and I'm pretty sure that it is), don't stress too much. Chances are you will have a new LC/140 and your PD still won't be current.