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Case Stories
⏳ EB-3 Worker PERM Location Change After Merger - India PD 2025-01
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⏳ **Case Status: Pending**
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Applicant received PERM approval in January 2025 for a Texas-based employer but is working remotely from Georgia. A subsequent company merger relocated headquarters to California, creating a conflict between the PERM-listed work location and the applicant's actual remote work arrangement.
PERM was approved January 2025 with Texas listed as the work location while the employee worked remotely from Georgia. Following a company merger, headquarters moved from Texas to California. The employer offered two paths: relocate to Texas and proceed with existing PERM for I-140 filing, or remain in Georgia and file a new PERM. The applicant plans to relocate to Texas, file I-140 in premium processing, then potentially return to Georgia post-I-140 approval. The case is complicated by a visa backlog country of birth, meaning I-485 filing is not imminent.
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**[📎 View Original Post](https://forum.am22tech.com/t/i-140-location-change/214782)**
*Source: AM22Tech GC Forum*
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*This post was automatically curated from online sources to share real case experiences with the community.*
Post-I-140 approval relocation flexibility is a commonly misunderstood area. Once I-140 is approved, USCIS generally allows same-employer relocations without a new PERM, provided the job duties and salary remain substantially the same — this is supported by AC21 portability principles and USCIS policy memos. However, for backlogged applicants who cannot file I-485 for years, relocation to a different state can draw scrutiny if the original PERM-certified location is significantly different. Employers in these situations often issue a new PERM as a precaution to reset the job location. Premium processing for I-140 currently runs approximately 15 business days. Applicants in similar backlogged situations should document that job duties remain consistent with the original PERM labor certification regardless of work location.