Understanding future employment

[InUS&Frustrated]

Hi Gurus (UN, Ginnu, RealC, etc...), I was wondering if anyone clear my confusion of GC based on EB future employment once & for all. Here is my particular situation. Sorry for H1B/Labor questions below but this is GC interview preparation.

(1) Joined Dallas company A in 2004 & immediately applied for Labor substitution (approved labor from 2001). Though company is based in dallas, i am working for their client in NYC & living in NJ (we got a H1B approved that is mentioning other unanticipated cities throughout USA but H1B approved labor is for only dallas). Anyways, I140 approved, 485 has been pending an year now.

(2) Company A above got merged with a big company B headquartered in Dallas too but got office in NYC - Looks like I am fine here as it is provable for a clear "successor in interest". I am getting paychecks from NYC office paying NYC taxes. We applied for H1B transfer from comp A to Comp B which is approved with H1B labor based in Dallas too as a backup. However, I used my EAD card when filling HR paperwork for company B. Basically since i have used EAD, I am presuming it is ok if i dont have a labor in NYC client.

(3) I got my case transfered to NJ local office (probably because of arrest record - no RFE).

Questions:

(1) I see the IMO asking where the company that sponsored the GC is located with address info ? My company has a branch in NYC as well as Dallas. So, should i answer NYC or Dallas. I am trying to understand why the IMO asks this ? When GC gets approved, does it mean i need to work in Dallas only (because original approved GC labor/140 was for dallas) ? If i say NYC, show NYC paychecks, would this get me in trouble ? Maybe we made a mistake of not applying for H1B labor for NYC as well when i was with company A, while company B is doing the same mistake(H1B labor for NYC). Shall i request immediately for H1B labor for NYC too ? Dont really understand why the IMO cares since i have a EAD at the time company B was merged. Company B basically thinks i am located in Dallas which is not true as i never resided in Dallas ever.

(2) Would the IMO ask for approved h1b labor petition for NYC ? I still dont understand why need to have filed one as we mentioned that the job would be located in Dallas, NYC & various unintended locations throughout US.

(3) Shall we immediately file H1B labor for NYC though i used EAD card ? Was i working illegally for company A & now, company B (because of location) though i have approved H1B from both companies ?

(4) If i say company B is located both in dallas & NYC, what is my defense as to why i was living in NJ & working for NYC client when technically the H1B labor is valid only in dallas ? My original H1B petition from company A does mention NYC though.

Thanks in advance.,

 

[InUS&Frustrated]

clarifying

Guess, I confused everybody with a big post. Let me simplify my primary question:

If company A in city X files H1B with Labor approval in city X, would it be illegal to stay & work in city Y for client of company A even though you mention in the H1B application that you intend to work in several un-anticipated locations across USA ?

If so, would it be an issue at local interview for I-1485 adjudication.

Thanks much !

 

[tammy2]

Guess, I confused everybody with a big post. Let me simplify my primary question:

If company A in city X files H1B with Labor approval in city X, would it be illegal to stay & work in city Y for client of company A even though you mention in the H1B application that you intend to work in several un-anticipated locations across USA ?

If so, would it be an issue at local interview for I-1485 adjudication.

Thanks much !

Your company should have LCA for New York when they placed you at that city. This is very common. Your location is governed by LCA. This has no relation to GC.
Just give them the employment verification letter.

 

[InUS&Frustrated]

Thanks !

Appreciate your response. Couple of quick questions: If my company needed to file my labor in NYC, was i working illegally in NYC ? Doesnt the IMO adjudicating the 485 petition normally check for all violation of statuses & hence might ask me (based on my address never being in dallas) for H1B LC ?

Also, Isnt the EAD card valid to work for any employer in any city ?

 

[tammy2]

Appreciate your response. Couple of quick questions: If my company needed to file my labor in NYC, was i working illegally in NYC ? Doesnt the IMO adjudicating the 485 petition normally check for all violation of statuses & hence might ask me (based on my address never being in dallas) for H1B LC ?

Also, Isnt the EAD card valid to work for any employer in any city ?

It should not matter. Usually In case of consulting companies Labor is applied where HQ is located. There are plenty examples like this.
In the worst case you can show AC-21 and say this company is entirely different entity and you have same job and salary.

Yes EAD is unrestricted. It can be used for any employer and any job.

 

[pralay]

Appreciate your response. Couple of quick questions: If my company needed to file my labor in NYC, was i working illegally in NYC ? Doesnt the IMO adjudicating the 485 petition normally check for all violation of statuses & hence might ask me (based on my address never being in dallas) for H1B LC ?

Also, Isnt the EAD card valid to work for any employer in any city ?

I am confused . What do you mean by "Labor"? Is it your H1 labor certification (LCA) or green card labor (LC)? If you did not have H1 LCA for NYC but you worked in NYC, then yes, your employer violated H1 rule.

On the other hand, technically your consulting employer should obtain green card LC for the location where your are supposed to be located "permanently". However, being consulting job and GC is for future employment, many consulting companies obtain LC from their HQ location and beneficiaries get their GC successfully based on that LC - even though they never worked or never intended to work at HQ location.

 

[InUS&Frustrated]

Thanks!

Pralay, thanks ! My GC labor is approved from Dallas (waiting for interview, because of the arrest record). My H1B labor is from Dallas too though i worked in NYC. Company got merged & H1B labor again filed from Dallas (Hq) but am continuing to work in NYC (this time with EAD card). Do you anticipate any issues in interview or you think i should be fine because i am using EAD now ?

Many thanks !