Redo Labor Certification if moving to a new state while in 485

[bhartiya_12]

My 485 receipt date is in 1st week of dec 2001 so have spend more than 180 days in 485 status. My finger printing is done and results received by INS in april 2002.
My current project suddenly was terminated mid way yesterday and my company said I could have 3 options if they cannot find another project for me in a week or so. 1st leave company or 2nd take unpaid leave of absence or 3rd move to another branch of the company where a project is available if I want to try for GC with them. I told them I expect the GC to come before the end of this year based on current processing dates progress in vermont.

If I move within the same company to another branch but outside my state(newyork) say for example go to boston or anywhere in NorthEast US or even anywhere else in US like west coast will I have to go thru labor certification again since my state of residence has changed?

If I take unpaid LOA it can be for 4-5 months till I get my GC. What options do I have? I read on another thread that there is an RFE or something like that was requested from someone. Looked like reques for latest pay stubs. What is that and if I do not get paid from now till dec will it affect my GC?

How much delay is caused approx if I change my employer now or take unpaid LOA provided unpaid LOA can work.

Please reply soon. I am very stressed.

Thanks

 

[sayedfaisal]

Earlier, If you ever get layed off or left company inorder to keep your GC process going, you had to meet 3 conditions, 1) New job has to be same geographical region where the Labor Certification was done 2) Similar Job 3) Similar Salary.

But, Based on the 180 day rule which was passed in Year 2000, They removed the 1st condition. so my understanding is, based on your given circumstances you are pretty in good shape, if you get yourself transferred to another branch of the company rather than going LoA and leaving the company.

Please check with your lawyer and other experts.

Thanks

Sayed