Change of STATE after 140 approval

[sunshineeast]

Hi,

Currtenly working at Newyork and the 140 got approved under EB2. Employer asking to relocate Massachusetts from Newyork City.

Designation/Role/Salary/Employer is going to be same except the State change.

Should we need to restart the GC process from the scratch or just LCA change notification would do ?

Any good info on this should help.

Thanks in advance.

[ateetshah]

Your labor condition application (LCA) and underlying assumptions were based on the location of your current work.

Technically if your employer can prove that your future job in present location still exists and are moving back from MA to NY in near future, then you don't need to do anything.

If the office is being shut down and no viable option for NY office exists, then new LCA and I-140 are needed. You should consult an experienced lawyer or your company lawyer to discuss specific scenarios.

[sunshineeast]

Company have asked to relocate from NY to MA permenantly. But company will still be operating in both the location (NY & MA) and they might fill this gap later with someone else in NY once I get relocated to MA.

[ateetshah]

Company have asked to relocate from NY to MA permenantly. But company will still be operating in both the location (NY & MA) and they might fill this gap later with someone else in NY once I get relocated to MA.

In that case you might need to do new LCA & I-140 considering future job no longer exists for you in NY location. Maybe another option is to relocate back to NY in another position.

You should consult an experienced attorney to review specifics of your case.