I-485 Question

K

krubakar

Registered Users (C)
I did concurrent filing of I-140 & I-485. Myne was an employment based application.

AOS & I-140 Filed 3/22/03
AOS Receipt notice 3/27/03
I-140 Approved 5/15/03
1 FP - 5/1/03
AP & EAD recvd & expire 5/27/04

I want to port to a new job in a different state. My lawyer says I will have to move to a new job within bay area. The reason for this according to him is that my labor certification was done in bay area job market. So, it will become invalid in a different job market(different state) since my labor certification was not tested there.

Anybody who agrees/disputes this with facts?

Krubakar
 
To know whether labor is valid across US or specific to a state he needs to look at his labor. If I'm right it is mentioned clearly in the labor.
 
This is tricky....
since u have 140 approved and 6 mons past 485 RD, u can use AC21 portability to a new company anywhere in USA, but if its the same company u can move only in the LC area, since AC21 does not apply. So, whats ur scenario, do u want to move to a diff office location of ur current employer or to a new employer ?
 
Thanks everyone for the responses.

I will most probably be moving to a different location with the same employer.

I do not understand how the situation is different, if it is a different employer & different location. Why is AC21 not applicable in this situation?

I have read in this forum about a lot of folks that changed jobs and/or location and got their green cards approved. Is my situation different because it was an employment based petition?

The responses bring up another question. In my specific situation, if my current employer withdraws the underlying I-140, will my AOS be rejected?

How can I check if my employer has withdrawn I-140?

I also have another unrelated question. I have to renew the EAD & AP for myself and my family. My wife is a home maker and does not intend to work. I am going to renew her AP, but, is there a need for me to renew her EAD?

Let me know.
 
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