Legal Question in Immigration Law in Georgia

Effect of Employer's address change on greencard process

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 6/08/09, 11:28 am

2 Answers from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: Effect of Employer's address change on greencard process

Dear Inquirer:

As long as the new location is within the same DOL statistical location, the employer should not have to get a new prevailing wage determination from the SWA. If the employer changes its location out of state after the I-140 is filed, the recruitment may be deemed invalid and you may have to start anew. These are highly technical questions for which you must seek expert advice before resiting on this general or any other opinion.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like further information.

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Answered on 6/10/09, 12:18 am
Daniel Hanlon Hanlon Law Group, P.C.

Re: Effect of Employer's address change on greencard process

Dear Inquirer:

As long as the new location is within the same DOL statistical location, the employer should not have to get a new prevailing wage determination from the SWA. If the employer changes its location out of state after the I-140 is filed, the recruitment may be deemed invalid and you may have to start anew. These are highly technical questions for which you must seek expert advice before resiting on this general or any other opinion.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like further information.

Read more
Answered on 6/10/09, 12:18 am


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