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Immigration Issues/Relocation after I-140

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Question
QUESTION: Hi Mr. Ajay K. Arora,

I had the following question for you - My company is currently sponsoring my Green Card and my home base is Illinois. If I decide to change departments within my company and shift to California AFTER I receive my I-140, will my GC process have to be restarted but the priority date will remain the same?

Thank You!

ANSWER: Hi,

As long as the intention is to be employed on a "permanent" basis in Illinois, it is OK if the company relocates you to CA after receiving I-140 approval. After all, the argument can be made that the home base is still Illinois, and that the CA location is only "temporary."

---------- FOLLOW-UP ----------

QUESTION: Hi Mr, Ajay K. Arora,

I had the following follow up question - If I change JOBS after receiving my I-140, will my PERM process have to be restarted? If yes, can I retain my priority date?

Thanks,
Ishita

Answer
Hi,

If the I-140 has been approved, and the I-485 has been filed and pending for at least six months, and the new job is in a similar occupational category, then the GC process does not have to be started all over again. The pending I-485 will be approved if the new employer sends a letter to the USCIS offering permanent, full-time employment.

However, if any of the above conditions above are not fulfilled, then the GC process through the filing of PERM needs to be started all over again, although you can maintain the earlier I-140 priority date.

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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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