Job location change in the same company and effect on GC application

[bosneo]

Hi,

   I have a question regarding green card process and effect of location transfer on it.I am on a full time job with a big company.

   My green card application status is I140 approved in EB2  category. 

   I could be transferred to a different office in another city with the same job role and description in the same company.

   

   In that case, what would happen to my green card application. Does the labour and I140 need to be refiled again at the new location?

   could you pls let me know.

   

   

   Regards,

   Ravi

   

[rahul412]

 

Hi,

   I have a question regarding green card process and effect of location transfer on it.I am on a full time job with a big company.

   My green card application status is I140 approved in EB2  category. 

   I could be transferred to a different office in another city with the same job role and description in the same company.

   

   In that case, what would happen to my green card application. Does the labour and I140 need to be refiled again at the new location?

   could you pls let me know.

   

   

   Regards,

   Ravi

 

GC is for FUTURE employment. It doesn't matter what job you do now.

[bosneo]

Thanks for the response.

[krs_ravis]

i asked same question to my lawyer. she told me that she filed the LCA for current location only. if i moved to new location in the same company, then again i need refile the LCA & I140, but priority date will be the same. please ask your company lawyer and let me know. thx

[bosneo]

Thanks. I have asked my company attorney. They mentioned as follows.

 

Your I-140 Immigrant Petition is based on the PERM application which was certified based on the test of the U.S. labor market for a particular location.  If there is no longer a permanent job offer which you will fill upon becoming a permanent resident in that location then the company must test the new location labor market through PERM, obtain a new PERM certification and a new I-140 Immigrant Petition approval based on the new PERM certification.

 

In a gist, they are saying they need to refile labor and I 140 application again at the new location. However, I can retain my old priority date.

 

 

Thanks

[krs_ravis]

same answer as my lawyer

[Attorney_15]

Priority dates generally transfer between I-140 petitions as long as the originating I-140 has not been revoked by the employer or by USCIS. The request for the older priority date can generally be made in the filing of the new I-140 petition. If the subsequent I-140 is approved without the earlier date, then one generally needs to follow up with USCIS promptly in order for them to re-issue the approval notice with the older date.

[pontevecchio]

The Firm keeps making it more and more puzzling. A PD from a previous approved I-140 is available for future use even if it were to be revoked subsequently before future use. Fraud as of now is the only exception. The responsibility of command and of running such a vast Forum is very complex.