Relocating (same company) while PERM is in process stage?


KaranL

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Hello,

 

Is it advisible to change the work location while my PERM is pending approval? I wanted to move from midwest  to our companys south branch while my PERM is pending for the last 3 months........do we need to repeat my PERM application again before I move to the new location (with same company)? Like redoing all the process that happen before PERM ? (Like job posting, hiring, recruiting, interviewing, newspaper ad..... etc).

 

Or

 

Can the job location just be updated while the PERM is in process? is this a big deal? does it have any impact on my existing PERM processing time?

 

OR

 

Is it suggested that I wait until my PERM is approved and then relocate before or after my I-140 will be applied?

 

Or

 

Is it best to relocate only after my I-140 is approved?

 

In any cases does the lengthy Pre-PERM process need to be repeated? Does this necessarily need to happen before I actually relocate?

 

Thank you.

 

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PERM process (underlying PWD & recruitment steps) are location specific. If you change the job location, you need to apply for the PERM w/ new location. Of course, if the job description had mentioned telecommute is acceptable, then you can relocate w/o the need for new PERM.

 

Since PERM is for future employment, you can relocate to a different location until a certain stage (I-485, I think).

 

You can move to new location with H1 amendment and wait for I-140 approval. After that, apply new PERM with latest location and port your Priority Date from the 1st I-140.

 

The PERM process is going to take around 5 years, so if you expect a promotion (esp if the job responsibilities change more than 49%) by then, it's better to apply for PERM for the to-be position, rather than current position. I know a lot of people stuck w/ same title due to immigration in progress.

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As was already mentioned, PERM is location-specific. Even if it mentioned telecommuting or the like, the salary listed would have to match the location where the job is located, i.e., the location where you are.

If the salary listed is lower than the prevailing wage in the location you want to move to, PERM would have to be redone even if lists telecommuting.

You need to discuss this with your lawyer.

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On 6/29/2017 at 11:43 AM, SamSang said:

My Labor is under process and company office is relocating to a new location within 5 miles but its a different county. 

 

Do I need to restart the process ? or

Will the I140 be applied with new location ?

Appreciate if someone can response to the above query.

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