Change in location before Labor/PERM approval

USA L1, L2 Visa
1

Hi, I work for a big 4 consulting firm and am presently on my H1-B work visa. My firm has initiated my PERM process in EB2 category, and I am currently waiting for my Labor to get approved. I have a priority date of May 2015.

I seem to have a peculiar situation in that I am switching my residential and home office locations while still staying with the same firm. Neither my Labor nor my PERM have been approved yet, so obviously, I haven’t reached the I-140 stage.

I was told that I can move anywhere, as long as I relocate back to the original filing state closer to the GC issuance (to avoid any complications in my case), failing which, I would have to re-file my PERM for the new location. I am not too convinced with this answer, so I’m seeking advice.

I need to know:

  1. Is it okay to relocate to a different city/state without affecting my in-flight GC (knowing that my Labor, PERM, and I-140 hasn’t been approved yet) as long as I move back to the original filing city/state before my priority date becomes current?

  2. If not, is it okay to relocate after I receive my I-140 approval and avoid filing for a new PERM? (as long as I move back to the original filing city/state before my priority date becomes current)

  3. What if I absolutely cannot move back to the original filing city/state before my priority date becomes current? Would I have to refile PERM for the new location? Would I still be able to hold on to my original application priority date?

  4. I’m entering year 5 of my H1-B. Would a change/amendment in my H1-B location and LCA affect my PERM application at all?

Looking forward for your responses, thanks in advance!

2
  1. Is it okay to relocate to a different city/state without affecting my in-flight GC (knowing that my Labor, PERM, and I-140 hasn’t been approved yet) as long as I move back to the original filing city/state before my priority date becomes current? - Yes, it is okay and yes you will have to be in the location/position mentioned in the PERM towards the end of the GC process. Remember GC is always for a future position(and location also in your case)2. If not, is it okay to relocate after I receive my I-140 approval and avoid filing for a new PERM? (as long as I move back to the original filing city/state before my priority date becomes current) - You can relocate any time through out the long waiting time in the GC process. It doesn’t matter where you are today or where you will be within a year or two. As long as you are the location mentioned in the PERM at the time of 485 you should be good.3. What if I absolutely cannot move back to the original filing city/state before my priority date becomes current? Would I have to refile PERM for the new location? Would I still be able to hold on to my original application priority date? - You will have to file a new PERM but you can still hold on to the older PD4. I’m entering year 5 of my H1-B. Would a change/amendment in my H1-B location and LCA affect my PERM application at all? - No it should not impact.