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Pending Labor Cert/Changing Job Location

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  • Pending Labor Cert/Changing Job Location

    My Labor Cert was filed in October 2004. (Recruitment requirements for RIR were completed in Philadelphia in August 2004). I have not heard back about the labor cert but am assuming that my case has been transferred to the Backlog Processing Center in Philly (no 45-day letter has been received yet).

    HOWEVER, my company is opening a branch in New York and want me to relocate to the new branch. I'm still going to be working for the same company and may even commute a couple of days a week from New York to Philadelphia. **Is this going to jeopardize my Green Card status since recruitment was conducted in Philly and I may be living in New York by the time my Labor Cert is approved?**

    Any help/advice would be appreciated. Thanks!

  • #2
    My Labor Cert was filed in October 2004. (Recruitment requirements for RIR were completed in Philadelphia in August 2004). I have not heard back about the labor cert but am assuming that my case has been transferred to the Backlog Processing Center in Philly (no 45-day letter has been received yet).

    HOWEVER, my company is opening a branch in New York and want me to relocate to the new branch. I'm still going to be working for the same company and may even commute a couple of days a week from New York to Philadelphia. **Is this going to jeopardize my Green Card status since recruitment was conducted in Philly and I may be living in New York by the time my Labor Cert is approved?**

    Any help/advice would be appreciated. Thanks!

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    • #3
      Your company will have to file a new labor Cert under PERM. Any kind of change to a petition pending in backlog nullifys it. I think this is a way to reduce the backlog.

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      • #4
        Thanks! The other unfortunate thing is that my H1B has expired and I'm currently doing the single year extensions due to the fact that my Labor Cert has been filed. Any idea if my company can re-apply under PERM and not jeopardize my work status?

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        • #5
          when does your current one year H-1 extension expire?

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          • #6
            It expires in the beginning of February 2006. My company plans to get me another extension for another year before that expires.

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