Expert Please advice

[gcbol]

Dear All,
Under the new AC21 rule, Is this ok if someone continue to work in the location different than mention in the labor certification after GC approval. Is this not the rule violation if he mention in future that he used AC21 rule?. If anyone has legal advice please respond. It is urgent in deciding wether to use AOS or CP. Thanks in advance.

 

[gcbol]

any comment please...

 

[Pork Chop]

i am not sure if i understand your question correctly.

if your green card is already approved, then the AC-21 portability is NOT available to you, and you must continue with your sponsoring employer for a "reasonable" length of time.

AC-21 can only be used while your I-485 is pending; in which case another employer can "inherit" your I-140, and, effectively, become your sponsoring employer.

once GC is approved, AC-21 becomes irrelevant.

CAVEAT EMPTOR: i am neither a lawyer, nor an immigration expert. i make no representations about the accuracy or reliability of the above information. please seek counsel from a qualified immigration attorney before making any decision.

 

[gcbol]

My I-140 is approved on labor substitution. I need to opt CP or AOS for next step. My company says that the job is not available for the position used in labor approval(since it was approved from different state than where I am working) so you should file under AOS and then continue working at the location where you are right now after GC approval. In this situation you are OK with AC21 rule since you can change job after 180 days. Now change of job after 180 days applies once you change employer but in my situation I will be working with same company after GC approval and will not be able to move to the location specified in LC. Is this Not the rule violation or I am ok if I mention that I used AC21 rule. Please advice.