Change in location impact to PERM and H-1B

[alwayskhushi]

Hi, 

I've been working with a startup (Company A) for the last 8 years at Location A. Last year the startup got acquired by Company B. Company B has its US headquarters based in Location B, which is in a different state from Location A. 

Having said that, i'm on an H-1B visa which expires April 28th, 2016 and I have an approved I-797 A for the next 3 years, since I had an approved I-140 at the time of H-1B renewal. 

For my PERM, LC was filed under Company A (EB-2), but with the acquisition company B filed as successor of interest and filed by I-140 (approval received Nov 2015). Priority date Dec 2013.

 

a) I'm considering a new opportunity at Location B, and would like to know how does the change of location impact both PERM and H-1B filing considering the job profile is similar?

 

b) How does the change of location impact PERM and H-1B if the job profile is different?

 

c) If an H-1B amendment has to be filed for location B, will that void the 3 year extension that I originally received? (assumption here is PERM process needs to be redone)

 

d) Re-filing and approval of H-1B is needed prior to starting work at Location B? or is it only re-filing must be done?

 

d) If my current PERM will be void and will have to start over, do I retain my priority date(PD)?

 

e) If the answer to the above question is no, is the expectation that until your PD becomes

current which is now a 10+ year wait, employee has to stay put not only on the job profile but the location as well?

 

Appreciate any input the group members can provide at the earliest. 

 

Thank you!!

 

[NP2020]

Perm and H1B are different. If you change to new location now, you need to file for H1B amendment with new location. Your Perm location need not change since it is for future job at current location. You can keep changing locations on H1 but need to come back to your current location when you get GC and work here(I think at least for a year).

If your future job (after getting GC) will also be at new location, then you need to file new Perm for new location. 

[NP2020]

Perm and H1B are different. If you change to new location now, you need to file for H1B amendment with new location. Your Perm location need not change since it is for future job at current location. You can keep changing locations on H1 but need to come back to your current location when you get GC and work here(I think at least for a year).

If your future job (after getting GC) will also be at new location, then you need to file new Perm for new location.