What Will Happen for My I-485
Application if My Company Has to Relocate Me? 

Dr. William:

I filed I-140 about 3 months ago based on approved labor certification, my I-140 is pending and waiting for adjudication. Would the visa retrogression delay the processing of my I-140 petition? 

Also, since I will not be able to file I-485 for years as a Chinese, what will happen for my I-485 application if my company has to relocate me to another state in the future?


Answer:

The visa retrogression may not delay the processing of your I-140 petition, because USCIS is trying to reduce the processing times of all the petitions and applications, including I-140 and I-485. 

Your employer's approved labor certification is location-specific. Your employer has to prove the existence of the labor certified job at the specific location, if your employer fails to prove it, the USCIS may deny your I-140 petition or I-485 application.

 

 

 

 

     

 

 

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