Relocation impact on LC filed through RIR

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ramesh_n3

New Member
My company has filed LC for me in Sep 2002 using RIR in California. Currently it is with the Federal agency with the priority date of Sep 2003. Now, my company is relocating to North Carolina and is offerring me the same position overthere. So, the question is, should I have to re-start the GC process all over again and file for LC in North Carolina or is there a way to keep my current application while I'm working in North Carolina.

Thank you.
 
Ramesh,
I am in the same boat as you are. After talking to my lawyers I figured that LC needs to be filed from the new location, as it is a test of the labor conditions in a specific location. However if you have filed for your I-140 for more than 180 days then you could go for Adjustment of status.
After considering these factors I have decided to change employers and file the LC through the new company.
Hope this helps.

Thanks!
 
Relocation of employment and its implication on LC

Relocation of employment should not impact originally filed LC as long as the new employment location is within the same Metropolitan Statistical Area (MSA) as the original LC's place of employment.

Example: DC/MD/VA area. Many counties around Washington, DC are counted as a part of the same Washington Metropolitan Statistical Area (MSA). Some counties are in VA and some others in MD. A job change location from MD to VA or from VA to MD should not matter as long as they are inside the same MSA. LC holds good for a geographic location because the recruitment campaign tests the labor market conditions at a given geographic location (MSA). So relocation within the same MSA (within reasonable commuting distance) should not affect originally filed LC.

Hope this helps!
 
ramesh_n3 said:
My company has filed LC for me in Sep 2002 using RIR in California. Currently it is with the Federal agency with the priority date of Sep 2003. Now, my company is relocating to North Carolina and is offerring me the same position overthere. So, the question is, should I have to re-start the GC process all over again and file for LC in North Carolina or is there a way to keep my current application while I'm working in North Carolina.

Thank you.
Click to expand...

In your case, it makes sense to start all over again by filing a new LC petition at North Carolina. Note that NC SESA was "current" last month. At least NC SESA's processing appears to be much faster than California.
 
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