H1 transfer - labor queries

[hikes]

Hello,

I'm on H1B visa. My employer has started my GC process. I have got my priority date (Nov 2010 / EB2). My questions are:

1. Internal transfer: My labor has been filed for location A and position X. Now, I want to maintain same employer but want a change of location as well as change of position. Is it mandatory for my employer to file a NEW Labor based on changes of location and position? If so, how much time does it usually take to complete the labor process in this scenario?

2. New employer: If I change my employer by transferring my H1 to another employer, does the new employer have to file a new labor for me? If so, how much time does it take to complete the process in such a scenario?

3. Marriage: My fiancee is on OPT now and it is valid until May 2013. If I get married by September 2012, can I add her to my GC?

3.1. Assuming I add her to my GC and my fiancee does not get her H1 filed by next year, (considering her OPT end date is May 2013) can she work post May 2013 based on her inclusion in my GC? If no, what is / are other option(s)?

3.2. On the other hand, assuming my fiancee is added to my GC and she also gets her H1 approved by next year, will there be an issue with these parallel processing?

4. Premium processing: I understand that there is premium processing for H1B transfers. Is there any premium / priority processing for Labor and / or I-140 so that I can use my priority date with my new employer?

Thank you.

[hikes]

Can a senior member please respond ?

[shervin143]

1. Internal transfer: My labor has been filed for location A and position X. Now, I want to maintain same employer but want a change of location as well as change of position. Is it mandatory for my employer to file a NEW Labor based on changes of location and position? If so, how much time does it usually take to complete the labor process in this scenario?
>>> Yes. That is why people never chnage their designation or job responsibilities until they get the GC.

2. New employer: If I change my employer by transferring my H1 to another employer, does the new employer have to file a new labor for me?
>>> Yes.

If so, how much time does it take to complete the process in such a scenario?
>>> It depends. Once the PERM is filed, it takes about 3-9 months to get the PERM approved. Preparing the documents for PERM, placing an AD and conducting interviews etc will take about 1-3 months before applying the PERM.

3. Marriage: My fiancee is on OPT now and it is valid until May 2013. If I get married by September 2012, can I add her to my GC?
>>> You can add her when your file form I-140 or when you file form I-485.

3.1. Assuming I add her to my GC and my fiancee does not get her H1 filed by next year, (considering her OPT end date is May 2013) can she work post May 2013 based on her inclusion in my GC? If no, what is / are other option(s)?
>>> It doesn't work that way. GC is not a 3 month process. Unless you get the EAD or get the GC approved, she won't be able to work just becauise she is included in your GC process. Even you cannot work because of a pending Gc application. If you don't want to work in H1B, then your EAD should get approved or I485 should get approved.

3.2. On the other hand, assuming my fiancee is added to my GC and she also gets her H1 approved by next year, will there be an issue with these parallel processing?
>>> No issues. H1B has nothing to do with GC.

4. Premium processing: I understand that there is premium processing for H1B transfers. Is there any premium / priority processing for Labor and / or I-140 so that I can use my priority date with my new employer?
>>> There is no premium for Labor (PERM). There is a premium for I-140.