relocation and work from home

[dontknowmuch]

Hello all the experts,

My friend recommended this websit to me for advice of I-485 related questions. I read some of the threads here and found they are very helpful.

Here is my dilemma. I filed I-485 in Sep 2002 and I-140 was approved in Nov 2002 in CA. My wife just started a new job in NY and she is the derivative of the application. We are thinking of relocating to NY. I am wondering what we need to do and how the relocation will affect our GC application.

1. My company allows me to work remotely from home, since we don't have office in NY. It seems that I don't need to use AC 21. Is that right?

2. I am currently using H-1B and have valid EAD. Do I need to reapply a H-1B due to the relocation? Will the new H-1B be subject to the quota issue? Should I just use EAD to work?

3. I heard that if we moved to the East, then our case may be transferred to Vermont center. Who will initiate the case transfer? Is that advisable to keep a CA address to avoid the transfer?

4. In short term (say within 3-6 months), I will stay in CA. Will my wife (not the primary applicant) need to file AR 11?


Many thanks for your inputs!

 

[sb_tiger]

1. If you are not changing jobs- you don;t have to file AC21. (to begin with it is optional).
2. H1- unsure about this. It typically depends on job/location chnage- if job is not changing only your personal location is changing- maybe not.
3. Adress changes generally don't trigger Center chnages (sometimes they do even without addrsss chnage- like xfer to local center).
4. AR-11 is for individuals and it has nothing to do with GC. You may choose to file it for wife, but you can always say the primary residence has not chnaged - so may not file it.
HTH

 

[ginnu]

Originally posted by dontknowmuch
Hello all the experts,

My friend recommended this websit to me for advice of I-485 related questions. I read some of the threads here and found they are very helpful.

Here is my dilemma. I filed I-485 in Sep 2002 and I-140 was approved in Nov 2002 in CA. My wife just started a new job in NY and she is the derivative of the application. We are thinking of relocating to NY. I am wondering what we need to do and how the relocation will affect our GC application.

1. My company allows me to work remotely from home, since we don't have office in NY. It seems that I don't need to use AC 21. Is that right?
-----right
2. I am currently using H-1B and have valid EAD. Do I need to reapply a H-1B due to the relocation?
------- you will need newLCA for NYC, employer or lawyer should get newLCA for NY work location, it is fax back system and they can get newLCA for you in 2-3 days. NewLCA is needed if you are going to work on H1 if using EAD no need of new LCA. it is better to be on H1 status
Will the new H-1B be subject to the quota issue? Should I just use EAD to work?
------- you dont need new H1b for NY, you only need new LCA
3. I heard that if we moved to the East, then our case may be transferred to Vermont center.
------- not true, USCIS may or may not transfer the case to VSC only 5-10% cases are transfred for local USCIS office for interview
Who will initiate the case transfer?
--------- it is upto USCIS, you dont need to do anything
Is that advisable to keep a CA address to avoid the transfer?
-------NO, by law you need to update your new address fil up form AR11
and do the below:
1 file form AR11 for address change
2 update NCSC on 18003755283, your new address of NY, provide them your ,WAC,EAC or LIN # of I-485 and reciept # of any pending petitions with service center, provide the receipt#, your name, DOB, A#( A# is on I-485 filing reciept)
3 write letter to service center for address change on your I-485 or any pending petition with them provide your past and NEW address, attach I-485 receipt copy, write your name, DOB, A# on cover letter. Send the letter to your service center with certified return receipt and out side the envelope write in big bold letters ATTENTION: ADDRESS CHANGE
*** do the all 1,2,3
*** your spouse also need to do the above if she also changed the address

4. In short term (say within 3-6 months), I will stay in CA. Will my wife (not the primary applicant) need to file AR 11?
----- she needs to file AR11 if she moves

Many thanks for your inputs!