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No geographic limits on I-140 portability
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As explained in another article, a prospective immigrant gains what is known as I-140 portability when the applicant's I-485 has been pending for 180 days or longer without a decision. For those who do not qualify for I-140 portability, changing job locations usually means that their underlying PERM application is no longer valid. This is because PERM job offers, unless very carefully worded, are location specific.
For those who have achieved I-140 portability, however, changing job locations is not an issue. The CIS issued the following guidance in their December 27, 2005 policy memo:
Question 4. Should service centers or district offices use a difference in geographic location of the employment in the approved labor certification and initial I-140, and the new employment as basis for denial in I-140 portability cases?
Answer: No. The relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment when considering the alien’s new position and job duties and not the geographic location of the new employment.