If we move to different state with in same company after I-140 approval, what is the impact to current GC process?

[johnveslin]

If we move to different state, with diff Job role, with in same company after I-140 approval, what is the impact to current GC process?

[Belle]

A new process (LC/I-140) will have to be started. PD may be retained.

[dudd28]

Belle,

What if it is not a different role? meaning what if it is the same role, same state but different city within the same state? Do we still need to re-file from scratch?

[Belle]

The LC is specific to 1) location (i.e. metro area) 2) company 3) beneficiary 4) exact position. If any of those change, a new process needs to be started. So, if the city is different, but in the same metro area (Brooklyn vs Staten Island) no new LC is needed; however, if it is a different metro area, like Albany vs Buffalo, a new process is needed.

[dudd28]

Belle,

thanks for the clarification.But what if the person moves back to the location from where the LC was filed for Greencard when his/her PD becomes current and the GC case comes up for adjudication? Would that be ok? I thought you need to be located at the location from where the LC was filed by the time the PD becomes current.. Please let me know if that would be ok?

[Belle]

The whole green card process is for a permanent position that you should start after the green card is approved.

[BigJoe5]

If we move to different state, with diff Job role, with in same company after I-140 approval, what is the impact to current GC process?

Assuming that you are currently an H1-B, your current labor Condition Application becomes void and your employer must take action on that situation.

Recent cases have been prosecuted when H1-Bs were approved for positions in low cost of living, rural areas, but were improperly shifted to major metro areas and were underpaid.

The I-140 and green-card are a separate issue. Don't be abused along the way.