| Q. |
stay or move
Hi,
I am on H1 and in pending I485 of EB3. PD is 11/06. I140 has been approved in 05/08. I work for a corporation with more than 1000 branches nationwide. My wife is on OPT but on her way to obtaining EAD thru I485. We are thinking about moving to another state if she finds a better job WHILE I relocate to a different branch in different state with the exact same job position on LC. So I will stay with the current employer.
Questions. My lawyer said it is 70% success on I485. So it affects on green card!? I would like to know;
What does 30% risk consist of? (every city has a different prevailing wage or something else?)
Would you recommend this move? Should we wait till I485 approval? What should we know before making this move?
Sincerely,
User's Location:
Dallas/Fort Worth, Texas, United States of America
Category:
Employment-based Green Card
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| A. |
Thanks for your question.
I am not in a position to comment on your lawyer's determination of 70/30 percent. Did you ask him why he gives you 70% chance? Please understand that each I-485 is different and he knows your facts and risks best, I can only speculate what the 30% risk may include.
What is your country? Is your visa number backlogged or you expect to have I-485 approved fairly quickly? If so, I would urge you to stay. Another factor which goes into the determination is the company structure - is the new branch to which you wish to transfer considered a "different company" (different employer identification number)? If so, then you will have to do an AC21 transfer, which has risks. If it is the same company, then your relocation should not affect your green card processing.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
Hi, thank you for the fast response.
My national origin is Japan. It still takes long time till I485 approval correct? We prefer to move because wife's job oppotunity is severly limitted here if the wait is long.
About company structure, I need to double check but they have only one employer identification number.
So I don't think AC21 is necessary but address change request? Does this involve a lot of paperwork?
Naturally I asked why when I heard GC processing could be affected, but the lawyer only said it depends on what state/ city. Then proceded to ask me what state/ city. Then 70% came up for the destination.
Would you think there is minimum risk in this case? My lawyer mentioned this can increase the chance of RFE or interview. Thank you for your advise. Could you tell me whatelse I need to check with lawyer before going forward?
Sincerely, |
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| A. |
Thanks for your follow-up.
The priority dates for EB-3 Japan are currently May 2005. Since your priority date is not current yet, you will have to wait at least one more year (assuming priority dates move gradually forward) to have your priority date current and then at least several months to have your adjustment of status adjudicated.
You will need to submit a G-28 form to change the attorney of record. You can fill it out to name yourself as the representative of record so that you will receive all communications, or you can have an attorney prepare it and file it on your behalf. The advantage of having an attorney do it for you is that you do not have to worry about updating your address and filing a new G-28 form if/when you move and change address. Please let me know if you would need assistance with this - I would be happy to help.
As far as the 30% risk chance, the only reason I could think that the destination can affect your chances is that if as a result of the move, there is a significant discrepancy between cost of living of the two locations. However, as I said previously, I am not familiar with your filing and there may be other reasons which go into that risk estimate provided to you by your lawyer.
I think your lawyer is correct - you may get a higher chance of RFE, although I am not sure that there will be a greater likelihood of an interview just because you changed job locations. Is this your company's attorney? Does the company support your move? I am trying to understand whether the attorney or your company may have a motive to discourage you from switching locations - if this is the case they may be overestimating the risks of your job switch. I would try to discuss this move in more detail with the employer and the lawyer and understand what their concerns may be and what are the 30% risks.
Best regards. |
| |
Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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