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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1  
Old 07-10-2007, 11:42 AM
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Default Change Job location with same Employer – After I-140

I am located in Dallas with I-140 approved. Since my project is ending in Dallas, I have found another job with the same company in Chicago.
But my HR and the Layer is saying that, if I move to Chicago then I have to re-do whole process again starting from labor.
Could some one let me know if they are correct? What will happen If I change the location without refiling labor?
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  #2  
Old 07-10-2007, 11:48 AM
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Default

If you change work location permanently (even with same job postion and same department), you have to restart the GC from begining. Since your I-140 is approved, you can keep PD.
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  #3  
Old 07-10-2007, 11:55 AM
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Quote:
Originally Posted by naagarajan
I am located in Dallas with I-140 approved. Since my project is ending in Dallas, I have found another job with the same company in Chicago.
But my HR and the Layer is saying that, if I move to Chicago then I have to re-do whole process again starting from labor.
Could some one let me know if they are correct? What will happen If I change the location without refiling labor?
What is the job location in LC for your future GC job?
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  #4  
Old 07-10-2007, 12:37 PM
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Default it is for Dallas

I have found in the below link that when the I140 is approved then it is enough to file 140 only with the new location and it did not mention about filing labor.

http://www.uscis.gov/propub/ProPubVA...efa41407cb042e

In link go the section 'Changes in Job Location'
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  #5  
Old 07-11-2007, 09:51 PM
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Default

Hi Naagarajan,

I'm in the same boat as you and recently posted a similar thread.

http://immigrationvoice.org/forum/showthread.php?t=6059

Can you pls point out which part you specifically found out about the 'Changes in Job Location' in the link you gave:

http://www.uscis.gov/propub/ProPubVA...efa41407cb042e

(I tried searching but it has too many parts and not a way to save locally to search.)

Were you able to find more from your Attorney/HR as I see mixed responses.

Pls let me know.
Thanks in advance.
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  #6  
Old 07-11-2007, 10:17 PM
dpp dpp is offline
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Default

Quote:
Originally Posted by naagarajan
I am located in Dallas with I-140 approved. Since my project is ending in Dallas, I have found another job with the same company in Chicago.
But my HR and the Layer is saying that, if I move to Chicago then I have to re-do whole process again starting from labor.
Could some one let me know if they are correct? What will happen If I change the location without refiling labor?
GC is for future job, not related to current location or employer. Only thing is your employer who filed GC has to bind to the decision that the job is still available for the location mentioned and for the job title and description. There is no way USCIS or DOL can come to into picture. But if employer says he doesn't have the said job at that location (mentioned in PERM) with the job title and duties, then you have to re-start the process from labor. If the employer is cooperative and you had understanding with him on GC process, he will back you always till the end of GC process.
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  #7  
Old 07-11-2007, 10:30 PM
dpp dpp is offline
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Default

Quote:
Originally Posted by naagarajan
I have found in the below link that when the I140 is approved then it is enough to file 140 only with the new location and it did not mention about filing labor.

http://www.uscis.gov/propub/ProPubVA...efa41407cb042e

In link go the section 'Changes in Job Location'

Also, if anybody working as a Consultant and so moving to different states because of change in projects/assignments, it is better to use the employer's permanent office address for future job in PERM and so it won't change. If you use your current project's state in PERM, then as you mentioned you have to restart from your Labor if moved to a different state. So, always use the employer's office address and its state in PERM so that it won't change generally during the process of GC. If employer moves to a different state after starting the GC, then you have to restart from labor anyway, but it has less chances of moving to a different state.

Again, GC is for future job and so it won't matter where and to whom you are working now as long as your GC filing employer (i.e. sponsor) maintains relation with you.

Last edited by dpp; 07-11-2007 at 10:34 PM.
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  #8  
Old 07-11-2007, 10:49 PM
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Default I did

I work for fortune 100 and It happened to me. I worked on location A and got my 140 approved. Then my company asked me to move to location B which is with in the same state but 120 miles away. MY attorney said I have to re-start my process and they did. I am still waiting for my second 140 approval.

Again, my attorney said, if the company allows for me to work at location A during the AOS stage, then it would be OK otherwise I have to re-start my labor. But my company said, it will not allow me to work at location A.

So that bottom line is, during your AOS ( 485) state, if you work at the original location and continue there for 180 days, then you can change the location. It falls under AC21 portability rule. PERIOD.

Quote:
Originally Posted by ab2k7
Hi Naagarajan,

I'm in the same boat as you and recently posted a similar thread.

http://immigrationvoice.org/forum/showthread.php?t=6059

Can you pls point out which part you specifically found out about the 'Changes in Job Location' in the link you gave:

http://www.uscis.gov/propub/ProPubVA...efa41407cb042e

(I tried searching but it has too many parts and not a way to save locally to search.)

Were you able to find more from your Attorney/HR as I see mixed responses.

Pls let me know.
Thanks in advance.
__________________
PD march 2004
1st 140 approved.
2nd 140 approved on Sep 5,2007.
(me and my spouse below)
485 - Filed on July 2,2007
485 - ND - Aug 08,2007
FP - Sep 06.
EAD - Oct 1st

Contributing 10 or 20 is always a pain when you have the option of getting it free.

Pledge: I am contributing monthly $25 to IV
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  #9  
Old 07-12-2007, 05:02 PM
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Default search for 'job change location'

The link is not pointing to the right document.
Please go to uscis.gov and type 'job change location' in the search
and you will find in the result with titile 'Employment-Based Immigrants [60 FR 29771][FR 18-95]'

Quote:
Originally Posted by ab2k7
Hi Naagarajan,

I'm in the same boat as you and recently posted a similar thread.

http://immigrationvoice.org/forum/showthread.php?t=6059

Can you pls point out which part you specifically found out about the 'Changes in Job Location' in the link you gave:

http://www.uscis.gov/propub/ProPubVA...efa41407cb042e

(I tried searching but it has too many parts and not a way to save locally to search.)

Were you able to find more from your Attorney/HR as I see mixed responses.

Pls let me know.
Thanks in advance.
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  #10  
Old 07-12-2007, 05:50 PM
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desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute
Default

Quote:
Originally Posted by naagarajan
The link is not pointing to the right document.
Please go to uscis.gov and type 'job change location' in the search
and you will find in the result with titile 'Employment-Based Immigrants [60 FR 29771][FR 18-95]'
Here is the direct link
http://www.uscis.gov/propub/ProPubVA...83ebb3de993dd0
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  #11  
Old 07-17-2007, 06:15 AM
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ab2k7 is on a distinguished road
Default

The article here from Murthy specifies the solution in a different way and doesn't mention the need of filing LC or 140 again if the LC was properly filed as roving employee. Will have to confirm with attorney. Hope this would help ppl in similar situations.

http://www.murthy.com/news/n_svcupd.html
I-485 Filing for Roving Employees
©MurthyDotCom
The USCIS indicated that, if a roving employee's I-140 petition is filed with Service Center A where the company is headquartered, but the employee moves to Service Center B's jurisdiction before the I-485 is filed, the employee may file the I-485 with either Service Center A or Service Center B. The USCIS also noted, however, that if the I-140 petition is filed at Service Center A, and then the I-485 is filed with Service Center B, the I-485 must be held until the I-140 is adjudicated. It is not clear if this means no action will be taken or if it simply cannot be approved until the I-140 petition is adjudicated. Roving employees are those who do not have fixed work sites, but can be moved from location to location, depending upon the needs of the employer. This is common with IT contractors. The safer approach would be to file the I-140 petition and the I-485 application in the same Service Center to avoid additional delays or the need to transfer the file from one Service Center to another.
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  #12  
Old 07-17-2007, 08:31 AM
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GCUser1 is on a distinguished road
Default Changing employer after I-140 approved

I got laid off after I-140 approved from employer A and they promissed me in writing saying that they will not withdraw the approved I-140. I got another offer from employer B on the same location and their immigration layer says that I don't have to re-do the whole process again and directly file my I-485/AOS, is that true?. Your comments are greately appreciated and highly thankful to you.
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  #13  
Old 07-17-2007, 09:22 AM
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thakurrajiv will become famous soon enough thakurrajiv will become famous soon enough
Default

Quote:
Originally Posted by dpp
GC is for future job, not related to current location or employer. Only thing is your employer who filed GC has to bind to the decision that the job is still available for the location mentioned and for the job title and description. There is no way USCIS or DOL can come to into picture. But if employer says he doesn't have the said job at that location (mentioned in PERM) with the job title and duties, then you have to re-start the process from labor. If the employer is cooperative and you had understanding with him on GC process, he will back you always till the end of GC process.
This is correct. I have done this a month ago. It was a hassle to convince employer to show on paper that the GC job will be avaiable. For me situation became tricky as I was changing departments. If employer is co-operative, no need to file new labor.
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  #14  
Old 07-17-2007, 10:06 AM
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Default Thanks

Thank you all for your valuable information. But I could not able to convince my employer and agreed to file again.
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  #15  
Old 07-17-2007, 10:31 AM
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Default THere isnothing to convince

There is nothing to convince here. You have to redo your labor if you change the location if you do not have the intention of coming back to original location during the AOS. PERIOD.

Your lawyer is correct and he did the right job. He can do whatever you say if he is a crooked lawyer, but you would be in trouble later.

Quote:
Originally Posted by naagarajan
Thank you all for your valuable information. But I could not able to convince my employer and agreed to file again.
__________________
PD march 2004
1st 140 approved.
2nd 140 approved on Sep 5,2007.
(me and my spouse below)
485 - Filed on July 2,2007
485 - ND - Aug 08,2007
FP - Sep 06.
EAD - Oct 1st

Contributing 10 or 20 is always a pain when you have the option of getting it free.

Pledge: I am contributing monthly $25 to IV
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