I-485 Filing - Work location changed

[dudd28]

Hi,

I have an approved labor (PD - 2/11/2008) and an approved I-140 and am getting ready in anticipation of the dates becoming current for my priority date. My labor was filed from Miami, FL but since then i moved from Miami to Orlando. I still work for the same employer and have the same job description. Would there be any issues if you are working for the same employer but have moved locations?

I would appreciate if anyone can please answer this.

thanks

[JoeF]

If the LC was only valid for one location, then you may have to start over.

You need to discuss this with a good lawyer.

[dudd28]

Thanks Joe for the response. Is there a provision to file LC for multiple locations? I am looking at the ETA 9089 - PERM Labor form and i do not see anywhere where you can specify if the LC is good for multiple locations. Can you please tell me where exactly do you specify labor for multiple locations?

[JoeF]

That depends on the wording of job description the LC. A good lawyer would know how to do this. Usually, something like "work is performed at multiple, unforeseen locations."

[ny_guy]

JoeF : Where do they mention such a description in the ETA?

My understanding was the job location is relevant after you get your GC approval. Then you have to work in the location mentioned in your labor based on which wages were determined.

Employer may be in a different state and in consulting the employee may be at different locations during various stages of the GC process. I was thinking the labor is filed based on the employer's base or preferred location. I may be wrong.

[dudd28]

Joe,

Thanks again for your response. I think my labor was filed only for one location, i.e Miami, FL.Now, Even though i am now working from our Orlando facility, what if i move back to Miami FL once my PD becomes current and work from that office? Would that be ok then? Please let me know.

[JoeF]

The LC can never just be at the employer's base location. The prevailing wage is based on where the actual work is.

If the employer is based in a low-salary area in the middle of nowhere, and the job being in a high-salary area like Silicon Valley, the prevailing wage is the wage in Silicon Valley, not the lower wage where the employer is located.

If the job location can be in different areas, then the highest area would specify the prevailing wage. And the job ads would have to list the areas (or say "multiple areas" or the like) as well.

Does your employer have a lawyer? A good lawyer would know these things.

[dudd28]

My employer does have a lawyer but no good..so to what i said, would it be ok if i moved back to the location from where my LC was filed when my PD becomes current and my case is for GC adjudication?