Relocation after I-140

[prangara]

Hi, Hope you doing great! I am currently working in Minnesota and my Green Card Labor was approved, going for I-140 very soon.

As a future plan I decided to move to Florida to work from Florida office for same company. Now my question is do I have to apply for the new Labor and I-140 in Florida again or nothing is required since it is same position with same company?

I greatly appreciate your word on this. Thank you.

[testvisauser]

Since FL is not within a reasonable commuting distance from MN :-), you will have to test the new labor market again and file labor and I-140 for the new location.

[gc2710]

What defines commutable distance? Say San Diego to San Jose which is 400miles apart and within the same state? And, does the position for which labor is applied matter? ex. for consulting positions where in home is the same as work location?

Thanks,

gc2710

[testvisauser]

Originally posted by gc2710:

What defines commutable distance? Say San Diego to San Jose which is 400miles apart and within the same state? And, does the position for which labor is applied matter? ex. for consulting positions where in home is the same as work location?

Thanks,

gc2710

I really have no idea about what a commutable distance is for the USCIS or how do they decide it. I have seen attorneys in the Murthy forum use this terminology before.

[suman78]

I am also in the same situation. Do you guys have any update on this? I know this topic is old but trying to see if there is anything you have done to prevent new labor process?

[coolbaba]

Yes - to my understanding if your new location is outside of the initial Metro Area (check in icert portal for your State-Metro Area under Prevailing Wages), then you need to start your PERM & I-140 again but can retain the old PD while applying for I-140 in work location.

I am also in the same boat and am waiting for my I-140 to get approved for current location.

Once done, I will be transferred to new location in different state. Again, there my employer will start GC process from start.

Its a headache process but we need to undergo this whenever there is a change in employee location/transfer.