Is changing job with the same employer AC21

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pa_gc_wait

Registered Users (C)
Hi,

If you change job with the same employer from one location to another, is this considered to be AC-21? This is a promotion with different job title but similar responsiblity.

Thanks,
PA_GC_Wait
 
Here is my 2 cents.

Here is my 2 cents.

Yes. Change of job location to another state with the same employer is considered to be AC21. I was working for a large corporation in their east coast office for seven years. Towards the end of last year the business in east coast started becoming unfavorable and the company decided to close its east coast office. I was asked to relocate to Houston, Texas. I spoke to my lawyer about the potential impact in my I-485 processing. The lawyer told me that labor certification and I-140 is employer and location specific and hence a location change to another state does constitute AC21.
Also, Some of my friends took the relocation offer to Texas and almost all of them received case transfer to Texas after responding to RFE.
 
Re: Here is my 2 cents.

Originally posted by jay_gc
The lawyer told me that labor certification and I-140 is employer and location specific and hence a location change to another state does constitute AC21.
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Depends on how well your attorney worded your LC. If he/she added the magic words "and other unaticipated locations within the US" your LC is good nation-wide.

BTW, there is debate within BCIS wether a switch of locations is covered under AC21.
 
What if your labor cert is for location A, now you work in location B with the same company, but will relocate to location A and work for the same company at location A upon approval of 485? Location A and B are serviced by different service centers. 485 is being processed at location B's service center. What are the possible issues/problems?
 
It is covered under AC21.. but dont tell them unless RFE

In case when LC is for a specific location/ position, transfer to another location / position is covered under AC21.

As it might create transfer to new service center, its best not to inform INS ( there is no requirement) unless they send you RFE.
 
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