Legal Question in Immigration Law in Michigan

Immigrant petition for aien worker

I am a Physical Therapist working here in Michigan... with an H-1B visa and employment authorization.

My Petitioner concurrently filed I-140 and I-485.

I was just wondering if its legal if my Petitioner move me to another county or area of the same state I am currently workin at ....

Would this affect my I-140 petition? my I-485???

Thanks


Asked on 10/19/03, 6:02 pm

1 Answer from Attorneys

Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: Immigrant petition for aien worker

How long has the adjustment of status been pending? If more than 6 months the portability provisions should apply (If the alien can change jobs, he should also be able to work for the same employer in a differnet location), but thread cautiosly here.

If less than six months, in my opinion it will come down to whether the metropolitan statistical area used to determine the prevailing wage in the LC is the same for the new job location.

PLEASE DO NOT ACT ON THIS RESPONSE ALONE. I RECOMMEND THAT YOU CONSULT AT LENGTH WITH YOUR IMMIGRATION COUNSEL AS YOU MAY END UP COMPROMISING YOUR CHANCES TO A GREEN CARD.

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Answered on 10/20/03, 11:26 am


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