Worksite moved to new location during GC process

[kevinwalker]

I am in an odd situation. I have an approved PERM and I-140 (EB2) which were applied for Salem, OR (priority date 6 Nov 2007). Subsequently (about a year after the I-140 was approved), the company moved that office to a new location in Corvallis, OR (about 35 miles away). My company lawyers are now saying that since the old work location does not exist anymore, we have to restart the GC process by filing a new PERM. I have waited 4 years and my priority date is 5 days away from becoming current.

Do I really need to restart the whole process? Please let me know if there is any way of continuing with a 485 application on the same approved I-140, when the priority date becomes current.

I would really appreciate any advise you can provide.

[chakrakr]

As I understand , a relocation within commuting distance (typically same MSA) does not invalidate your PERM and 140 but a relocation outside of normal commuting distance invalidates it. I checked flcdatacenter and it looks like the locations you mentioned are in different MSA. It will be probably difficult to establish that it is in a commuting distance. I suggest you take a second opinion from an attorney.

[lrb8531]

I am wondering how to consulting companies handle this situation beacuse they have consultants working in different location for different sites. Can you please explain

[kevinwalker]

As I understand , a relocation within commuting distance (typically same MSA) does not invalidate your PERM and 140 but a relocation outside of normal commuting distance invalidates it. I checked flcdatacenter and it looks like the locations you mentioned are in different MSA. It will be probably difficult to establish that it is in a commuting distance. I suggest you take a second opinion from an attorney.

Thanks a lot for your response!

[kevinwalker]

I am wondering how to consulting companies handle this situation beacuse they have consultants working in different location for different sites. Can you please explain

While filling up the prevailing wage request form, we have to specify the worksite address. The form says that if the consultant can work at multiple client locations, then the PERM is filed on the corporate address and the advertisement etc needs to be done at ALL the client locations. I guess, the consulting company can always file for a single address and say that the consultant will work from that address once the green card is obtained (it is all about future employment and not the current employment).

[kevinwalker]

I am wondering how to consulting companies handle this situation beacuse they have consultants working in different location for different sites. Can you please explain

The prevailing wage request form I was mentioning can be found here:

Look at section D.c.