Legal Question in Immigration Law in New York

Green card and Employer's address change
Hi,

After fully completing Perm recruitment process and just before filing for Perm (under EB-2), employer moved its office to a different city (few miles away from previous location) but within the same county. Can employer proceed with the Perm application based on the completed recruitment which states the job location as its previous office location? Does employer have to get new prevailing wage from the state or is there anything he should do before filing for the Perm? Will it affect the DOL's processing of the Perm application?

What if the Perm is filed and approved, and I-140 is filed, but soon after I-140 filing Employer moves its office location (which also is the job location) to a different state? Since concurrent filing of I-485 would not have been possible, could AC21 be argued? What are the possible options if employer moves its office (job location) after filing I-140, but before filing I-485?

Thank you in advance for your help.

Thanks and Best Regards.

Asked on 6/09/09, 6:32 pm

Antoinette Wooten The Wooten Legal Consulting, PC

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0 attorneys agreed

Re: Green card and Employer's address change

I would need more information regarding your particular case before I can comment on it properly.

The fact that your company has moved it�s office is information they will have to give to the immigration service.

Most importantly, is the fact that you will be working for the SAME company only in a different location.

Patricia Martin-Gibbons

The immigration service will want to know why the company has moved.

Answered on 6/19/09, 5:01 pm

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