office location change

[immigrationdelay]

My company is shutting down office in state A and moving to state B. Currently I-140 is approved and waiting for EB2 Dec 2007 priority date to become current. For some reason I-485 was not filed the last time date become current.

 

My attorney says that Labor and PERM process need to be done all over again because office is moving. Does that make sense?

 

As company is shutting down office completely in July/Aug 2013, this means I-485 can not be filed when date becomes current in Aug/Sep 2013 as it is expected because office will not have address in state A at that time. Is that right?

 

I also want to discuss this matter with good immigration attorney. If anyone has any reference, please tell.

 

Thanks for your help.

[Attorney_11]

Whether a new Labor Certification and I-140 is required is determined on a case by case basis. Generally, the Labor Certification and I-140 reflect a future job offer. If the job opportunity described in the PERM and I-140 is no longer feasible prior to the filing of an I-485, it is appropriate for a new process to be commenced to test the labor market in the location where the job is offered and expected to be performed. However, as mentioned above, it depends on a case by case analysis. It is most useful to discuss these issues with a competent and credible immigration attorney.

[immigrationdelay]

Thank you Attorney_11 for your response. From your response it seems that PERM and I-140 is tied to location and not applicable to anywhere in the nation. I guess I was confused as I do know people who work as consultants, work for different client locations and don't go through this process every time work location is changed.

I will discuss this with an immigration attorney as you also suggest. Thanks again for your response.