Job Location change - Same Company - Same State - Different City

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05-12-2015, 12:33 PM
skpanda

Job Location change - Same Company - Same State - Different City

All,
I tried to search in this site but i did not get a definite answer.

My current status is EB2 - I140 Approved. PD Dec 2010.

My company is closing my current location (for which my PERM/I140 was applied).

They want me to relocate to another city 215 miles away but same state.

Please confirm if below is correct.

If I Relocate:
I will need a new PERM and I140.

If I quit and find another employer
Irrespective of the location, I will need a new PERM and I140.

If my employer allows me to work from home in the current location:
I do NOT need a new PERM and I140.

Please help confirm my understanding.

Thanks!
05-13-2015, 09:39 AM
Spectator

My thoughts inline. I'm not going to say I am 100% positive though.

Quote:

Originally Posted by skpanda

All,
I tried to search in this site but i did not get a definite answer.

My current status is EB2 - I140 Approved. PD Dec 2010.

My company is closing my current location (for which my PERM/I140 was applied).

They want me to relocate to another city 215 miles away but same state.

Please confirm if below is correct.

If I Relocate:
I will need a new PERM and I140.
That's the case as far as I am aware, if your PERM did not have the "various unanticipated locations" language.

If I quit and find another employer
Irrespective of the location, I will need a new PERM and I140.
As far as I am aware, currently you would have to start from scratch, but could retain your PD.

If my employer allows me to work from home in the current location:
I do NOT need a new PERM and I140.
That doesn't seem any different to moving, unless the PERM and adverts specifically mentioned that a work from home scenario was an option. Otherwise, the location specified in the PERM still no longer exists, since the Company workplace will no longer exist.

I'm not sure I completely understand the last scenario.

Since it's a "future" job, what you do now is not what's important. It's what you do when the I-485 is approved. You wouldn't necessarily have to move now, although at this point you should have the intent to do so.

A new PERM/I-140 looks the likely scenario in any case. Bad luck - I feel for you.

Why don't you ask the attorney for your company. They should have experience of this scenario and you probably aren't the only one impacted.

Please help confirm my understanding.

Thanks!
05-13-2015, 09:44 AM
bluelabel

Quote:

Originally Posted by skpanda

Hello Friends,
Sorry to post this question here. I will delete it later.

Can you please check the below query and confirm my understanding.

http://www.qesehmk.org/forums/showth...Different-City

Thanks for your help!

I had posted the same question here some time back. The answer was, you do not require a new PERM if you move to a new office of the same company. However your case is different so not sure about it.

I also asked Ron on his forum about it, it may be useful for you.
http://www.immigration-information.c...changed.18034/
05-13-2015, 09:59 AM
Spectator

bluelabel,

That seems to be a different situation.

In that case, the person (you I assume from the same username) could use AC21 I-140 portability because their I-485 had been pending for 180 days.

In skpanda's case, my understanding is that, with a PD of Dec 2010 under EB2-I, there cannot be an I-485 pending at this stage, so AC21 portability is not applicable at this time.
05-13-2015, 12:08 PM
bluelabel

Quote:

Originally Posted by Spectator

bluelabel,

That seems to be a different situation.

In that case, the person (you I assume from the same username) could use AC21 I-140 portability because their I-485 had been pending for 180 days.

In skpanda's case, my understanding is that, with a PD of Dec 2010 under EB2-I, there cannot be an I-485 pending at this stage, so AC21 portability is not applicable at this time.

Spec,

I have a question to make my understanding clear on this.

What if i did not have I-485 pending? Do i have to get a new labor/140 for new office location even though its with in 6 miles (Different city, Different County, Different ZIP code but same state) from current office? Our current office is not closing down but just moving to a new location as the current lease is expired.

Thank You!!
05-13-2015, 01:57 PM
skpanda

Quote:

Originally Posted by Spectator

My thoughts inline. I'm not going to say I am 100% positive though.

Quote:

Originally Posted by bluelabel

I had posted the same question here some time back. The answer was, you do not require a new PERM if you move to a new office of the same company. However your case is different so not sure about it.

I also asked Ron on his forum about it, it may be useful for you.
http://www.immigration-information.c...changed.18034/

Quote:

Originally Posted by Spectator

bluelabel,

That seems to be a different situation.

In that case, the person (you I assume from the same username) could use AC21 I-140 portability because their I-485 had been pending for 180 days.

In skpanda's case, my understanding is that, with a PD of Dec 2010 under EB2-I, there cannot be an I-485 pending at this stage, so AC21 portability is not applicable at this time.

Thank you friends!

Yes, I have never filed for I-485.

I have contacted my company attorney as well. This scenario is not common in my company as there are hardly any H1Bs/GC Processing.

I am just trying to understand if there is any way that I could continue to use my existing PERM and I140.

If there is no option, and I have to redo my perm and i140 once again for the new location, what can i specifiy in the new perm that will ensure that even if the same situation happens in future, I could work remotely/from home and ensure that I do not have to redo PERM and I140.

Thanks for your help!
05-15-2015, 06:17 PM
EB2IndSep09

skpanda,

I am in the same situation as you and my current status is EB2 - I140 Approved with a PD Sep 2009. My company closed the location from which my PERM/I140 was applied. Did not file 485 yet as I missed the boat during 2012 because of changing employment in 2011.

They relocated the entire staff to another city 30 miles away in the same state.
The company has many individuals with later priority dates (2011/2012) who are in my situation and they are doing PERM / 140 again for all individuals. I had a series of communication with the attorneys in my case the big law firm you know what I am referring to with a big list of questions which included your below questions ... and they confirmed that they have to start based on the change in MSA (Metropolitan Statistical Area). I tried to answer your initial questions below based on the info I got from them but you have to talk to the attorneys of your company.

If I Relocate:
I will need a new PERM and I140. Yes you do if it is a different MSA. I think 215 miles in any state would be a different MSA. Google your state and there is a wiki for every state to my knowledge.

If I quit and find another employer
Irrespective of the location, I will need a new PERM and I140. That's correct.

If my employer allows me to work from home in the current location:
I do NOT need a new PERM and I140. This would trigger a new PERM / I140 as your type of job would change.

Few tips:
I would suggest you to start your PERM asap if the attorneys advise to gain some momentum and you should get new PERM approved by next year so that the new case would be ready for applying AOS by the time your PD becomes current. If your relocation is in future talk to your HR and get the new location details which would help to kick start the new PERM. Last but not the least, I can understand your situation as I am going thru this for the 4th time, so be patient and things would work out :).