LC application - choosing a state- please help

sujana123

Registered Users (C)
Hi,


I am planning to join a company in California which also has a branch in Wyoming. If i choose to apply from WY, do I have to reside in WY? any other pre-conditions to apply from WY? Thanks in advance for your help.
 
Sujana

As per my understanding, GC is for a future job & therefore your company has to have plans to place you in Wyoming & you would have to work out of there once the GC is approved. Your current location has no relevance to the GC process. Also the labor market at Wyoming will have to be tested to prepare for the LC.

The above is just my opinion, please check this with more competent persons too.

Cheers/titu
 
sujana123

Answers to your specific questions:

A) If i choose to apply from WY, do I have to reside in WY?

NO

B) Any other pre-conditions to apply from WY?



-- There are not sufficient U.S. workers who are able, willing,
qualified and available at the time of the application for a visa and admission into the U.S. and at the place where the alien is to perform the work; and
-- The employment of such aliens will not adversely affect the
wages and working conditions of similarly employed U.S. workers.


In brief, the current process for obtaining a labor certification
requires employers to actively recruit U.S. workers in good faith for a period of at least thirty days for the job openings for which aliens are sought. The employer's job requirements must conform to the regulatory standards (e.g., those truly necessary), and employers must offer prevailing wages and working conditions for the occupation in the area in which the job is located. Further, employers may not favor aliens or tailor the job requirements to any particular alien's qualifications.

 
choosing a state

Is there a law that specifies for how long you have to work in the state where you filed labor, after you got your green card ?
 
No law but....

Technically one is to be employed "permanently" with the company that sponsors permanent residency.

However I have read enough opinion from several lawyers which says that if one works for approx. 12 months with the sponsoring employer after the GC is approved, then it is safe to assume that there won't be any issues during the naturalization process. I mentioned naturalization because more often then not, it is only then when the length of employment with sponsoring employer after GC approval comes into consideration.

hope this helps.

titu
 
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