194 Dear Rajiv, a friend of mine, who doesn't have access to the net, is a computer consultant
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This article is from the FAQ, by with numerous contributions by others.
194 Dear Rajiv, a friend of mine, who doesn't have access to the net, is a computer consultant
- on an H-1B visa,
- has obtained his labor certification,
- and is about to file his I-140.
Due to budget constraints at work, his contract with his current client
is soon to be terminated, and he is looking for another project with the
same client. If he has to move to another work site in the same state but
has the same employer, does he have to file for labor cert. again?
If he is within the same Metropolitan Statistical area for which the
labor cert. was done, there should be no problem. But if he is moving beyond
that area, even if he is within the same state, he cannot file an I-140
providing a different job site. The labor cert. would be invalid.
Do note, however, that the labor cert. is for a job in future. Also,
according to the law currently, a labor cert. once granted is valid
indefinitely.
Now if your friend is likely to be sent back to the same geographical
area in future, he can file the I-140 on that basis. But legally, if
he is not posted back to the same area after getting his Green Card,
his GC could be held to be invalid or even fraudulent.
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