Legal Question in Immigration Law in Virginia

adjustment - change of location and telecommuting

My labor certification is sponsored by the employer in Virginia. The terms of employment include location in Virginia. My green card is expected to be granted this December. I have been admitted to graduate schools and have 3 choices to go to school in September � another location in Virginia, Pennsylvania and Chicago. Can I change the terms of employment and telecommute using the internet 3 months before I receive my green card and after I receive my green card?

The business necessity letter stated that the duties include aiding Project Director who is also a co-chair of working group on agriculture for US gov�t agency committee in analyzing report, coordinating records and special studies.

What if I start working for another company 3 months before I receive my green card in the position similar to my position specified in the labor certification? Will my duties at another company also have to include aiding Project Director who is a co-chair of working group for US gov�t agency? Or can it be just a Project Director for a project that has nothing to do with US gov�t agency? How similar does the position have to be to the original position specified in the labor certification?


Asked on 5/13/04, 3:43 am

2 Answers from Attorneys
Rebecca White Law Office of Rebecca White

Re: adjustment - change of location and telecommuting

The telecommuting option is likely to be a viable option. Should you change employers entirely, you will want to have as close as match as possible. You may wish to have an immigraiton attorney review both the current position as described in the labor certification and I-140 and the new position offered before before making a change of jobs.

I hope this answers your questions.

My best wishes.

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Answered on 5/18/04, 11:54 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: adjustment - change of location and telecommuting

The further that you deviate from the precise terms on which your visa is conditioned, the greater is your exposure to sanction and even

visa revocation should these deviation(s) be discovered by the Bureau of Immigration and Customs Enforcement of the Department of Homeland Security.

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Answered on 5/13/04, 8:22 am


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