I have a EB2 PERM for a location New York city that was applied and approved in May 2018 while I was in India. I had completed 6 years on H1B(from 2011 to 2017) and had to go back to India. Currently I have an H1B extension based on approved I-140/ AC21 and back to the US in September 2019 to Chicago, Illinois (I work for a Big 4 consulting firm and I work out of various client location). My priority dates are current now and I am eligible for Adjustment of status under cross country chargeability .
For some reasons my company’s immigration department(NOT lawyer) is asking me to move back to New York in case I wish to apply for AOS, citing the reason that, NYC was the location specified for the PERM when it was applied. I don’t have a project there currently and just am settling down in Chicago with family. I thought I should only be moving and working out of New York city once the green card arrives, as the location in the PERM is the location for future employment post the green card arrives.
Can someone clarify if this is true? Will I need to move to New York for the sake of AOS application or can I continue to work in Chicago, Illinois until the Green Card interview/approval process? At what stage of the Green card application/AOS process do I have to move to the PERM location that is New york?
Category : EB2
Priority Date: 1 May 2018
Country of Chargeability /Cross country Chargeability: UAE(ROW)
Currently on H1B visa on 7th year extension.