Relocating to a differnt place from the same company during GC Processing.

sunny2002

Registered Users (C)
Sub: Relocating to a differnt place from the same company during GC processing.

I am currently in CA and applied for my Labour in Jan 2002.
Now my company wants me to move to East coast for the same position.

(I do not want to reapply for my labour since I am fast approaching the 6 year limit)

Since Green Card is for a job in the future, I guess you do not have to be physically be present in the state for the GC process, in this
context,
1. Can I move to East coast without affecting the labour certification
process here in CA and when the I485 is applied in CA and after 180 days can my company request INS for change of location??
2. Is it true that you can process your GC in CA when I live in another
state in East Coast?
3. Does at any stage of your GC do you need to have an apartment in CA as a prerequiste for getting your GC??

Is this feasible? Are there any risks?
 
Relocation during GC

Jim, Thanks for your reply.
I was told that I can move now to East coast and after I485 + 180 days in to the GC processing the company can file a petition requesting change of location based on the 180 day rule.

(Until that period of time the companies intent will be to move me back to CA).

So the question is whether a change of location can be done using the
180 day rule without affecting the current processing?
(for the same position, same company, different location).

Any feedback is deeply appreciated.
regards,
Sunny.
 
Relocating to a differnt place with new job during I-485 Processing after 180days laid off.

My Friend Andy has applied for I-485 in Aug,01,got EAD on 11/01 and FP 12/01. He is guessing to be laid off from May,02. He live in MA, Can he apply/get any offer other than MA ? I mean anywhere in USA with his EAD. Does it have any impact on GC ? He is very much worried about the legality. Any advise is highly appreciated.
Thanks
 
Sunny

How can the company say on the one hand that six months from now it\'s intent will change but right now its intent is to move you back to California? That would be like an employer coming to you now and saying that right now they intend to keep you employed but 6 months from now their intent will be to terminate you effective immediately. The actual intent seems pretty clear and assertions otherwise certainly seem questionable, at best.

I don\'t see how a change of location within the company will cause problems since you can change employers (and apparently location) under AC21, but without implementing regulations there is no guarantee that AC21 will even apply in your situation.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
Don\'t worry

Sponsoring GC is your employer\'s responsibility.Only thing you should do is intimate INS about your change of address,so that you will get your fingerprinting notice to your nearest INS and your files will be with the same Service center.
 
Though his company didn\'t laid off him, but they put him as w2 contract in payroll

And trying to find a project for him. Now he has two unique situation.
1. If he gets any project through the sponsoring Company outside his INS service center (Vermont), For which he needs to change his address, what problem he may face ?
2. He himself find a job at different company with EAD in same Vermont area. Here also he has to relocate. What are the steps he should follow ? Should he take that job now ? (For reminder his RD 8/16/02 and ND 10/10/02)

Thanks for your attention towards this.
 
He can work anywhere doing anything but he needs a similar position to continue the GC

As long as the position is similar (which has yet to be defined) he should be ok since he is more than 180 days form I-485 filing. Again, he needs to speak to an immigration attorney for specific advice since any advice he gets in this forum may, or may not, bew applicable to his specific situation. Sometimes people forget to mention very important details, particularly when the information is second hand and posted on a message board.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
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