Changing Client after PERM approved


ebgcwait

Recommended Posts

Hi,


 


Got my perm approved but the primary worksite is my present Client's location (same city/state as my employer). PERM doesn't mention anything about unanticipated work location I have the following questions:


 


1. If I change my Client (same city/state) anytime during GC process do I need to refile my perm?


2. If I change my Client (different city/state) anytime during GC process do I need to refile my perm?


 


If for either case  I need to refile is it better to get i -140 approved with present employer so that I can block the priority date and find another employer to file it properly?


Link to comment

Thanks rahul412. 

 

As I see few online posts saying if you change the Primary work site one needs to re-do perm and other steps... 

 

see the link below where i-140 was revoked...

 

http://www.*****************.com/***************

 

Since my present client and employer is in same city/state I hope i don't fall in the criteria mentioned in the link... 

 

Please let me know....

 

Thanks and appreciate your help.

Link to comment

If PERM specifies a particular work location, it would apply only to that location or metropolitan region.

If the new work location is outside of the metropolitan region, the prevailing wage could be different, other people may want to apply for that job, etc., so the process would have to start over.

Your lawyer should know all that.

Link to comment

This is what mentioned in the link which is edited by Admin.
 

I-140 Notice of Intent to Revoke that was issued because the employer filed the application for labor certification based on the client location. The I-140 was approved in May 2009. Five years later, USCIS has issued a Notice of Intent to Revoke:

 

It was determined that a labor certification involving a specific job offer is only valid for the particular job opportunity and for the area of intended employment stated in labor certification form.... the intented jobsite is not located in the same MSA as that certified by DOL and because the petitioner no longer intends to employ the beneficiary in the same MSA as listed in the labor certification the form ETA 750 is not valid for the job offer specified on Form I-140. ....

Example is if Employer in CA and client in Ohio and if labor certification is applied using Ohio's MSA it got revoked as the present client is in CA.

My question is if Employer and present client in same location (say CA) and later if client is in Ohio but employer still in CA will that affect the GC processing (or will it be considered as not in MSA and i-140 can be revoked)?

As in the labor certification and adv the present client's location is mentioned as PRIMARY WORKSITE.

1. If I change my Client (same city/state) anytime during GC process do I need to refile my perm?

2. If I change my Client (different city/state) anytime during GC process do I need to refile my perm?

 

Thanks in advance.

Link to comment

Archived

This topic is now archived and is closed to further replies.