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View Full Version : July '07 filer | Moving after 485


puddonhead
02-13-2009, 07:14 AM
I am one of the July '07 filers who does not expect his GC anytime soon. Both myself and my wife have EAD/AP but I have still not switched to EAD. I have been working for the same American company that sponsored my GC for the past 5 years.

My current job is based out of New York. However, now I now have been asked to move to Houston for a position there. Given the current economic environment (and given the fact that I just survived one round of big layoffs at my company) - I may not have an option but to move. I will still get paid my current salary (which is higher than the labor cert salary).

I know a few friends of mine who had to restart their GC process after they moved. They were all in the Labor/140 stage when they moved. In my case - since I have already filed for I485 - will AC21 be applicable for me so that I don't have to restart my GC? Restarting GC would be very difficult, if not downright impossible right now unless I change my job - given the recent layoffs.

And before anybody asks - I am a silent contributor to IV. I make monthly contributions automatically from my account. I also have made calls in all the phone campaigns and sent letters to the president for admin fix campaign.

krishnam70
02-16-2009, 05:30 PM
I am one of the July '07 filers who does not expect his GC anytime soon. Both myself and my wife have EAD/AP but I have still not switched to EAD. I have been working for the same American company that sponsored my GC for the past 5 years.

My current job is based out of New York. However, now I now have been asked to move to Houston for a position there. Given the current economic environment (and given the fact that I just survived one round of big layoffs at my company) - I may not have an option but to move. I will still get paid my current salary (which is higher than the labor cert salary).

I know a few friends of mine who had to restart their GC process after they moved. They were all in the Labor/140 stage when they moved. In my case - since I have already filed for I485 - will AC21 be applicable for me so that I don't have to restart my GC? Restarting GC would be very difficult, if not downright impossible right now unless I change my job - given the recent layoffs.

And before anybody asks - I am a silent contributor to IV. I make monthly contributions automatically from my account. I also have made calls in all the phone campaigns and sent letters to the president for admin fix campaign.

I know the comp u might be working for ( if i guess it right ur attorney's start with Fr**)
There are two options
1. You could switch to EAD and then it should not matter.
2. If you are still working on H1 then you should make sure your company files a new LCA petition for you to work from Houston. This is one issue that has caused immigration raids recently.
3. Make sure the position, designation, responsibilities are same as your initial LCA. As you are aware the LCA determines the Wage conditions and the designation etc and it is a must to file that with the DOL when u change your work place from your earlier LCA

relax.. speak to a good immigration attorney who is not on your company payroll ( if you want an independent opinion) but I think you are good to go.. if your company and your attorney is who i think they are , they have a history of filing fresh from scratch again to get money. Your safe bet in that situation is to go with EAD

cheers, good luck
kris