pmoorthy Posted December 8, 2012 Report Posted December 8, 2012 I am currently working in San Jose CA and have my I-140 approved with a priority date of 2008. Can I retain my priority date if I move to another state, say TX? Please let me know as it will affect my decision about taking up an offer.
kalyan_ac Posted December 10, 2012 Report Posted December 10, 2012 Are you fulltime or into consulting?
kalyan_ac Posted December 11, 2012 Report Posted December 11, 2012 As a green card is for future employment and PERM/I-140 are filed based on San Jose, if you wish to return to San Jose after the approval of I485, you would not have to do anything. Or because your PD is 2008, i believe you have filed your I485 and past 180 days, if thats the case you can probably use AC21 for the new location. Discuss the matter with your company attorney as well as your personal attorney.
pmoorthy Posted December 13, 2012 Author Report Posted December 13, 2012 Thank you for the response. I have not yet filed for I-485 since I did not have my labor approved with my current company (I siwtched a couple of years ago but they delayed filing my labor). The dates have retrogressed since then and I have been unable to file my I-485 yet. Can I still maintain my PD of 2208 in this scenario. I heard that if you file with the same immigration center (for eg. Nebraska or Vermont) you can still keep the PD even if there is state change. Please let me know if that is the case.
catx Posted December 13, 2012 Report Posted December 13, 2012 Immigration is a U.S. federal matter, not a state matter. While the state where you work and your employer's office is does come into consideration for things like prevailing wage determination (PWD), labor conditions application (LCA), job description and recruitment associated with the PERM labor certification application, and the USCIS filing service center, there are amendment processes associated with a change in location. As far as retaining your priority date (PD), the state does not matter.
kalyan_ac Posted December 13, 2012 Report Posted December 13, 2012 You can still retain the PD but it will have to be interfiled so that USCIS updates the petitions with the old PD.
pmoorthy Posted December 13, 2012 Author Report Posted December 13, 2012 Thank you for your respones, immigrationseeker and catx. Your replies have been very helpful.
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