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Relocation during GC process
- Thread starter mncbabu
- Start date
Jharkhandi
Registered Users (C)
Any time. GC is for future job.
I wolud like to eloberate. If my labor is applied in X state where my company has branch and I-140/485 filed from when I was working in state X and it is pending.
If my employer decides to transfer me to their HQ which is in state Y, can I go to state Y and work from there? or We need to start LC from state Y.
If my employer decides to transfer me to their HQ which is in state Y, can I go to state Y and work from there? or We need to start LC from state Y.
Also I came across this
http://ows.doleta.gov/foreign/faqsanswers.asp#perm7
7. Where is the appropriate place to file a labor certification application involving a foreign worker who will be employed at various unanticipated work sites?
Applications that require the foreign worker to work at several locations in the U.S. should be filed with the SWA having jurisdiction over the area in which the employer's main office or headquarters is located.
http://ows.doleta.gov/foreign/faqsanswers.asp#perm7
7. Where is the appropriate place to file a labor certification application involving a foreign worker who will be employed at various unanticipated work sites?
Applications that require the foreign worker to work at several locations in the U.S. should be filed with the SWA having jurisdiction over the area in which the employer's main office or headquarters is located.
As TAMIL_GC mentioned, if you are already into 140/485, then you can us AC21 portability after you get 140 approved, and 485 is pending for more than 180 days. Check in the following forum for more information.
http://www.immigrationportal.com/forumdisplay.php?s=&forumid=14
001
http://www.immigrationportal.com/forumdisplay.php?s=&forumid=14
001
Originally posted by mncbabu
I wolud like to eloberate. If my labor is applied in X state where my company has branch and I-140/485 filed from when I was working in state X and it is pending.
If my employer decides to transfer me to their HQ which is in state Y, can I go to state Y and work from there? or We need to start LC from state Y.
Originally posted by mncbabu
Thanks for all your replies.
I understand the portability. If I-140 & I-485 is pending, and employer wants to transfer(before I-140 approved) to other state, are we required to start LC from state Y?
You can not transfer your LC to other state. Your employer has to start LC from state Y.
Speaking from what I know, since the job in X no longer exists, I believe the basis for 140 (and 485) no longer exists - so probably the application needs to be withdrawn, but all definition says GC is for future employment, so if there is a very strong chance that the job will be reinstated once GC is gotten, you can continue, otherwise...
Talk to you employer and see if he is willing to keep the job position open, that way once 140 is approved - you can still claim the portability benefits. Technically though since you have already decided to change your job location you are on shaky ground... Talk to your attorneys for a legal opinion.
001
Talk to you employer and see if he is willing to keep the job position open, that way once 140 is approved - you can still claim the portability benefits. Technically though since you have already decided to change your job location you are on shaky ground... Talk to your attorneys for a legal opinion.
001
Originally posted by mncbabu
Thanks for all your replies.
I understand the portability. If I-140 & I-485 is pending, and employer wants to transfer(before I-140 approved) to other state, are we required to start LC from state Y?