Transfer to a different Location

[kosu]

Most probably in 3-4 months time my company is going to transfer me to San Antonio, Texas. The job is going to be the same. I will still be working for the same company. I filed my 485 on June 2007.

Is that going to have any effect on my AOS? Also is there anybody in this forum from San Antonio. Please PM me.

Thanks

 

[ashirwadb]

Most probably in 3-4 months time my company is going to transfer me to San Antonio, Texas. The job is going to be the same. I will still be working for the same company. I filed my 485 on June 2007.

Is that going to have any effect on my AOS? Also is there anybody in this forum from San Antonio. Please PM me.

Thanks

Technically not. Even though one does not have an I-140 approved or I-485 hasn't been pending for 180 days, one can move to a different job/location as long as the job profile is the same. USCIS needs to be satisfied that the "intent" was to keep you employed in the same job profile. More on it in Aytes Memo of 12/27/2005. Read answers to question 10, followed by 4.

However, to avoid raising any flags, you may request postponement of relocation till you pass the 180 day mark (since your I-140 is already approved)

Nevertheless, your company needs to file new LCA (labor condition application) for your H-1B (if you are on one). A new H1-B need not be filed since its an intra-company transfer.

-a