AC 21 Location

[Raju Badmash]

My I 140 was approved in April 2002 and I have been waiting for adjustment of status since then.

During these last two years I have received a number of very good job offers that I had to turn down because my lawyer advises me that even though the job may be similar, the location being different negates the concessions allowed under AC 21.

The logic behind this reasoning is that the labor certification is done for a particular job at a particaular location.

Can any expert throw some light on this.

PS. No fingerprinting yet.

 

[TheRealCanadian]

During these last two years I have received a number of very good job offers that I had to turn down because my lawyer advises me that even though the job may be similar, the location being different negates the concessions allowed under AC 21. The logic behind this reasoning is that the labor certification is done for a particular job at a particaular location.

USCIS' implementation of AC21 has been extremely lenient regarding salary and job location. I have heard exactly two stories of the Baltimore District Office seeking head office guidance on geographic location; I've also read dozens upon dozens of stories on this message board of peple switching locations with absolutely no problems at all.

Should USCIS decide that there are geographic limiations on AC21, I think that such an interpretation could survive a challenge. However, there has been absolutely no indications that they are planning to take this approach. You should be OK.