Impact to H1B and GC Process due to change in location


Recommended Posts

Me and my wife are currently on H1B and PERM , I-140 are approved  for both of us. We are currently in Midwest and considering moving to warmer state in South.
Both of us don’t want to leave our current employer and where ever my employer has a branch in southern state my wife’s employer doesn’t and vice versa.

1. If I move to different state I believe my employer have to file for H1B amendment but not sure about PERM/I-140. Do they need to file for PERM/I-140 again.?
2. What happens to my wife’s case if she has to move with me. Is she legally allowed to work remotely from different state if her employer doesn’t exist in the state. ?
Is it possible to file for h1b amendment and PERM/I-140 for remote work. ?

3. If I move to different state and comeback to my current location after 1 or 2 years, do you know my current PERM/I-140 would be still valid?

Appreciate your response.


Link to comment

Ans 1.  Employer does not have to file PERM/I-140 2nd time.

Ans 2.  Many employers are allowing WFH due to COVID-19.  Consult wife's employer/attorney on how he would like to handle this situation.  Your spouse does not need another PERM/I-140.  Existing PERM is valid.

Ans 3.  Your current PERM/I-140 is valid.


Edited by Zodiac System
Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.