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Immigration Issues/I-140 approved and change in job location

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QUESTION: Hello sir, I need your advise to help me make a decision.
I am 30 years old physician in texas.
I work with a company and my I 140 is applied but pending approval. Now my company works with a different hospitals through out texas. I am working in south valley and i would like to move to a different place far away but with the same company.
1.What would be the best time to do this. After I140 approval?
2.In doing so, would my company need to go through LCA and I 140 again when i move to a new hospital?
3. My salary is paid by the company which wont change even if i change the hospitals. But I am afraid that the new hospital would be in a different set up and not within 50 mile radius of the hospital that i work presently. Is this safe?My salary and job title and the work would remain the same however.

thanks so much for the help.

ANSWER: Hi,

If the job location being offered by your employer on a "permanent" basis falls in a different Metropolitan Statistical Area ( see http://www.nlsinfo.org/nlsy97/nlsdocs/nlsy97/geocs/gatt101.html ) then the green card process may need to be started from the beginning unless both the I-140 is approved and I-485 (adjustment of status application) is pending for at least 180 days with the USCIS.

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

QUESTION: Thanks for such a quick answer.
I just need a clarification. When you say I 485 should be pending for 180 days, does it mean I should wait 180 days after I 485 is applied? Or does it mean that once my I 140 is approved that I need to wait for 180 days to change jobs in order to retain the same priority date?
My other doubt is when you say the whole GC process might need to be started again if i change jobs outside MSA area under the same emploer. I wonder how software engineers change their job on H1 so frequently without having to apply for new H1 under same employer and that they work in different MSA area.

I am confused and this query solves most of my questions.

thanks again sir.

Answer
In addition to I-140 approval, the I-485 should have been filed and pending for at least 180 days after filing.

The PERM application www.h1b1.com/laborcert.htm is certified by the Department of Labor on the basis that qualified U.S. workers for a particular position in a particular geographic location could not be located by the sponsoring employer after recruitment for these workers. However, if I-140 is approved, and I-485 pending for at least six months, it should be OK if the employer assigns you to a different location (even a different Metropolitan Statistical Area) on a "permanent" basis without having to start the GC process from the beginning.

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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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