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Immigration Issues/Impact of relocation on GC process

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Question
Hi
I am working as Full Time Employee on H1.  I also have a GC process and PERM and 140 have been approved. 485 not filed due to retrogression.

My office has moved to a new location which is within same Metropolitan area (MSA) ,  just 10 miles from earlier location.  

Does this require a new LCA  and is there any risk on my GC process ?  

I saw a recent FAQ from DOL which says that even for same MSA employer should post a notice in new location and *may* file a new LCA . I am confused what the "may" file means .

Answer
Hi,

Since the new location of your worksite is within the MSA, a new LCA is not required to be filed with the Department of Labor. The employer, however, should post the already certified LCA in the new location. The LCA is connected with H1B only.

There is no risk to your GC process, as the recruitment for U.S. workers required for PERM was carried out within the MSA. Thus, no new advertising is required for the position.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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