Urgent - Relocating on H1B


rkp_imm

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Hello,

I am H1B holder (H1B valid till Nov 2014 based on 3 years extension of I-140 approval). My I-140 is approved with priority date of Oct 2010 (EB2).

I want to relocate from my current location A to location B with the same employer for personal reasons. There are 2 options for relocation:

1. Moving to a different team but having the same/similar job profile at location B.

2. Working for the same team/same job profile/position at location B as it was in location A.

My questions are:

1) Which one of the 2 options is safer/better?

2) Will 2nd option ensure that I do not have to go through the GC process from the beginning? I have read about 'amendment' but would it be relevant for all cases or there are some exceptions?

3) If 2nd option doesn't work and I have to opt for option 1, would it impact my GC processing? Do I need to apply for labor again even though employer as well as job profile/position is same and only location has changed?

Please help.

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Material changes in the terms and conditions of employment can have an effect on previously approved green card processes and maintenance of nonimmigrant status. A change in employment location could be a material change, depending on personal circumstances. It is wise to seek the counsel of a qualified immigration attorney.

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