My company had filed the PERM application with DOL Electronically, after a great hustle. Its been 2 months now.
I work full time with the Employer directly. Now, I want to change my work location (Regular In-person at Work site) to WFH (Work From Home). When I raise the topic with my employer about this request, they are raising concerns that, this will void the previously completed steps (Step 1: Formulating Job duties and requirements, Step 2: PWD from the DOL) and company will have to start the green card process ALL OVER AGAIN. I really can’t afford this at this point because I’m close to maxi-out on H1B stay (Less than a year to Oct 2022).
My questions are,
Since, my Job duties or responsibilities haven’t changed other than the Job location (requesting), does it really make the company to restart the whole process.
What could be my other options other than continue without change in Work location - At this point, I’m thinking of continue going to office until I got my I-140 done, with that being said that the Job location change will trigger the whole process to restart.
If there isn’t much to adjust the job location at this point, is there a possibility in future to make the changes once the I-140 is done i.e., continue with the same company to work remotely.
I truly appreciate any suggestions.
PERM/GC is a future job so I am not sure why you should worry about the work location at this point.
You do need a new LCA & H1B amendment if your new work location is not in the same MSA as the one in original LCA.
As I mentioned, don’t worry about location change at this point as PERM is for future job. Under AC21 your employer can file I-485J after your I-485 is pending for more than 180 days and update the work location to your home or whatever address you will be at that point in time. You can even change employer under AC21 and the new employer can file I-485J to take over the GC process with updated job position (if it changes, for e.g. promotion etc) and new location.
I would just let the PERM process untouched at this point and proceed filing I-140. You never know that you may change several employers before filing your I-485 and once that happens, you will end up restarting your PERM process one or more times anyways. Right now the focus should be to just get I-140 approved so that you can extend your H1B beyond 6 years term.
Hi Kalpesh,
Thanks for your response. So, to be very precise, I should have to wait until I-140 done before making any change in my work location.
Earlier, I was asking if there is a possibility to make changes to my work location being in the same company, without being affecting my ongoing PERM Process without being wait until I got I-140.
No, you got it wrong. You can change your work location irrespective of what is mentioned in the PERM at this point as PERM is for a future permanent job offer. If you change location now and if the new location is not in same MSA, you need to do a new LCA and amended H1B.
Changing your work location now do not impact your PERM process as mentioned already.
Discuss with your immigration attorney if you have further doubts.