Hello Rohanvus,Quote:
Originally Posted by rohanvus
I am in very similar situation. Did you move to original location as listed in your perm? please advice.
Thanks!
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Hello Rohanvus,Quote:
Originally Posted by rohanvus
I am in very similar situation. Did you move to original location as listed in your perm? please advice.
Thanks!
Hello experts,
My I140 was approved from location A(HQ office)and I am working at location B currently on H1B(our branch office) and working here since last 10 years), its same company and same job description and position at location A is still valid. My priority date is Dec 2, 2011. Now my Filling Date is current (Based on Eb2 to EB3 downgrade) and my Final Action date is still in future. I would like to file for I485 before the Filling Date retrogress.
Do I have to move to location specified in I140\PERM at the time of filling (and file and H1B amend to add location A before I485 filling).
If I do not have to move now, my understanding is that I will have to move and join at my PERM location as soon as get my EAD based on I485 filling. Is my understanding correct?
Hello rohanvus,
i am in same situation, what your attorney suggested? Did you move to the location stated in perm.... please guide.
Quote:
Originally Posted by rohanvus
Hello rohanvus,
i am in same situation, what your attorney suggested? Did you move to the location stated in perm.... please guide. Not sure why my message is not displaying so posted couple of times... sorry!
I guess as suggested earlier in the forums, the GC is for a future job and you can still work at the local office as long as the company can prove that the job exists for which the underlying PERM and 140 were filed and approved.Quote:
Originally Posted by kapilsharma
You can move after the GC is approved to the head office. Or you can also switch and change jobs and companies after 180 days from 485 filing using AC-21, in which case you have to submit a 485J with the new employer.
Also you can move to the head office now or after 180 days after filing 485 and submit 485J or switch to EAD and work with the same employer at head office.
I am not an expert but providing info based on what we learned in the forum over the year. Your company attorney should also be giving the right direction.
There are two options. Option A: GC is for a future job. So after getting GC, then you can work in the HQ location for 6 months. Till then you don't have to do anything.Quote:
Originally Posted by kapilsharma
Option B: Once you cross 180 days after I-485 has been pending, you are a "free agent". All you have to show is that your job is "same or similar" to PERM job. As you are in the same job in the same company but at a diffent location, this does not matter for you. So filing another I-485J is what you will do, but I would advise you to not do anything at all till an RFE is obtained. USCIS is very liberal on this topic. The USCIS Policy Manual says that they will look for Salary and consider your possible career and location movement.
Basically for both the scenarios, you will not do anything. Wait for RFE. However, if your PD is FA current and you want to force the hand of USCIS, you may submit a I-485 Supp J. This may lead to GC approval. The attorneys will mostly oppose this move and advice you to wait for RFE. But you have a voice and get HR in line this can be done.Quote:
A change to the same or a similar occupational classification may involve lateral movement, career progression, or porting to self-employment, either in the same or a different geographic location.
USCIS also recognizes that there may be differences in pay due to varying rates of pay in different economic sectors or geographic locations, as well as other factors, such as corporate mergers, size of employer, or differences in compensation structure. Additionally, there could be differences in wages in cases involving moves from for-profit employers to nonprofit employers, academic institutions, or public employers (or vice versa).
Applicants should explain in detail any substantial discrepancy in wages between the original position and the new position. In all instances, officers review a difference in wages and any explanation for that difference along with all other evidence presented.
In my opinion, it is very rare to see RFE for wage type issues or RFEs regarding location/wage in I-485J. As long as some justification is provided, I-485 J will go through fine.
You are muddling a couple of things here. I-140 is a company application, it should always have the company HQ address listed on it with the company's financials. PERM is where the actual job location is pertinent. Since gc is for a future job, it's okay if you are working at a different location but will join and work in the position/location listed on the perm after I485 approval (though maybe it might trigger a RFI? not sure).Quote:
Originally Posted by kapilsharma
H1B is completely different from gc. If you are h1b status you need to make sure the location/job listed on the LCA is being followed. If there is a change is job profile and/or location to outside the MSA then you must file for an h1B amendment in order to not violate h1b rules.
The only connection between the h1b stutus/job and the I-485 is that if you violate the h1b status thus violating legal status -- you are allowing for I-485 denial based on status violation.
Per my lawyer , i dont have to change my location because in my case my PERM had language like i can telecommute or travel anywhere in US .Quote:
Originally Posted by kapilsharma
Follow up QuestionQuote:
Originally Posted by gammaray
Thanks for your reply. I checked my perm and in section C and D they have listed headquarters address and in section H they listed worksite location address which is same as my H1b address. In perm there is no telecommute option mentioned.
Now because of Covid company is planning to close worksite location office and asking employees to work remotely. Does this require re-perm? Thoughts?
So if your remote work location (I'm assuming its your home location) is outside the MSA of the worksite location listed on the LCA then you will definitely have to file for a h1b amendment.Quote:
Originally Posted by kapilsharma
With regards to the PERM, not 100% certain, but following somewhat similar logic -- if the work location has changed and you won't be able to join the worksite location listed on the PERM in the future (since its closing permanently) then I would assume that you would have to redo the PERM with the new location. Definitely need to consult with your legal representative to decide next steps.
The only other thing is, as mentioned in posts above, if your I-485 crosses the 180-day pending mark, then all you need is a I485J with the updated information and don't have to redo the PERM. But that's assuming the FAD will not be current for you for the next 6 months (or 6 months from whenever you actually send in the I-485) and your application will remain pending.