Location of work


visaven

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Hi,

I am working for a company XXX which has multiple locations in US. When my PERM was filed, I was at location A and it was listed in my PERM. During my 140, I moved to location B and got ammendment to my H1B. Since then I been at location B (as a temp work location). Now my PD is current and our company lawyer is saying that I need to be working from location A to be able to file for AOS. Is it really necessary. If so, what are my options? Should I need to go back to location A before I file it and if that is not possible, do I need to start from beginning?

Please help,

thanks for your time,

Ven

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What does the company say? Once the GC is approved they should be able to transfer you anywhere internally/.

Hi Pontevecchio, Company mentioned the same. Also, they are saying that they will go ahead file the case, only if I agree to go back to my old location and work there for 6 months, after getting the GC approval. It does not make any sense to me, as after GC approval I should be able to work anywhere.

Thanks

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You don't need to work at A at the time of filing. Because LC/I-140 is for the future job, that job at A should be available to you at the time of I-485 filing. You should intend to take it after approval.

Thanks Belle. They also mentioned the same and asking me if I am willing to go back to A and work for 6months from there. I will do it, if there is no work around for this? Could they file an amendment to my GC or lay me off from A and hire back at B or something like that?

Please shed some light and give me any options available,

Thanks for your time.

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Hi Pontevecchio, Company mentioned the same. Also, they are saying that they will go ahead file the case, only if I agree to go back to my old location and work there for 6 months, after getting the GC approval. It does not make any sense to me, as after GC approval I should be able to work anywhere.

Thanks

You are being sponsored based on the fact that there are no qualified, willing, and avialble people to fill your position in IL. It would be fraud to sponsor you for an IL location without an intent to actually employ you there. Even if green card lets you work anywhere where.

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Visaven,

I'm in a similar situation and I have been told by company lawyers that I need to return to the place from where my PERM was filed within 6 weeks after I get my GC (or earlier if I want). Thereafter, I need to spend "some" time in that job role - minimum suggested 2 months - before moving back or changing roles etc. Even I wondered how someone would come and check if I worked in that city for 2 months after receiving GC, but the lawyers mentioned that while no one may come looking for you, if you ever go for citizenship/naturalization; they may look at it your residence history since GC and if they find out that you never worked in the city for which your GC was filed after receiving GC, then that may cause an issue. As for how much time you need to spend there - there is no rule about it. Some say 6 months is sufficient, my lawyers tells me minimum 2 months. However, if your company agrees - you could do something like a temperory few month rotation to that PERM location while still keeping your family in whichever city you like. You just need to spend some time after receiving your GC on the payroll with a residence address (could be corporate apartment) in the city your PERM was filed.

Hope that helps.

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You are being sponsored based on the fact that there are no qualified, willing, and avialble people to fill your position in IL. It would be fraud to sponsor you for an IL location without an intent to actually employ you there. Even if green card lets you work anywhere where.

Hi Belle, I am not located in IL, infact I am on the west coast. Anyways, its was not my choice to move to location B. Our company requested me to move here to support a project. I am still working on it and it will take another year or so to finish. Also, ours is NOT a consultancy and I am not in software field.

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On the contrary you are lucky to have an ethical company involved. You cannot willy nilly decide where you want to work. If you take up the original job for 6 months they should then be able to transfer you with no future allegations of impropriety by the USCIS. After that you can change jobs if you want. Do not rush.

Yeah, that sounds like the only option. And, it was not my choice to move here, but helping the company for a specific task.

Thanks for your response,

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Visaven,

I'm in a similar situation and I have been told by company lawyers that I need to return to the place from where my PERM was filed within 6 weeks after I get my GC (or earlier if I want). Thereafter, I need to spend "some" time in that job role - minimum suggested 2 months - before moving back or changing roles etc. Even I wondered how someone would come and check if I worked in that city for 2 months after receiving GC, but the lawyers mentioned that while no one may come looking for you, if you ever go for citizenship/naturalization; they may look at it your residence history since GC and if they find out that you never worked in the city for which your GC was filed after receiving GC, then that may cause an issue. As for how much time you need to spend there - there is no rule about it. Some say 6 months is sufficient, my lawyers tells me minimum 2 months. However, if your company agrees - you could do something like a temperory few month rotation to that PERM location while still keeping your family in whichever city you like. You just need to spend some time after receiving your GC on the payroll with a residence address (could be corporate apartment) in the city your PERM was filed.

Hope that helps.

Hi Petrogoon, Thanks for the explanation. It is really helpful information. I guess I will ask my company to accommodate my commute between the old and new location as I am working for their favor, and change my payroll back to old location. That should give me an address and pay checks as the proof.

Thanks

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Hi Belle, I am not located in IL, infact I am on the west coast. Anyways, its was not my choice to move to location B. Our company requested me to move here to support a project. I am still working on it and it will take another year or so to finish. Also, ours is NOT a consultancy and I am not in software field.

Well, read what wrote. When you moved and why is absolutely irrelevant. It is also irrelevant whether your employer is a consultant. Your future green card was filed based on the lack of qualified Americans/LPRs in IL. If you don't have a job in IL, you can't file based on that petition.

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Well, read what wrote. When you moved and why is absolutely irrelevant. It is also irrelevant whether your employer is a consultant. Your future green card was filed based on the lack of qualified Americans/LPRs in IL. If you don't have a job in IL, you can't file based on that petition.

Thanks Belle. I am no way related to Illinois, but the point is noted. I will go back to my previous location and maintain pay checks. Also, my employer finally filed my AOS.

Thanks all.

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