Jaxen and Gurus need help - AC21

H

hemeshd

Registered Users (C)
I am working with company A for about 3 years now, based out of new jersey. Company A applied my GC for future employment. Now i have an offer for permanent employment from company B based in New york. Company B is willing to give me the offer letter with the job title and job description as what i have in the labour certification with 10K more salary. My RD on 485 is Jan 24th 2003. AD of 140 is june 30th 2003. Have AP and EAD AD March 19th 2003. Applied for H1b renewal in June 2003. 6 years on H1 would end July 2004. The questions that i have are

1. Is it ok to take up the new opportunity in NY, as my labour is certified in NJ. Both of them fall into the same Service center.

2. As i worked with company A for 3 years , would that be sufficient to show BCIS the intent of employment both the parties(Myself as employee and Company A as employer) had during the GC process till date.

3. Does 10K more salary make any problems?


I would really appreciate your response.

Thanks
 
Last edited by a moderator:
Hi Ginnu,

I havent seen anything related to geographic locations in the AC21 memo. Is there any other thread or memo from INS regarding this issue?


I appreciate your response .

Thanks
 
AC21 does not impose any restrictions on geographic locations. If you want to be safe, stick to the same metro area for which the LC was approved.
 
hemeshd,

I don't think they have mentioned about geographical location and salary in any of their AC21 memos.

But according to my lawyer, since my LC is done in VA, I can take up a job within the DC metropolitan area. With this understanding I think you should be fine, but I would suggest you to check with your lawyer before making any decision.

WIN
 
How about the "intent", in a case like mine where i worked for this company for 3 years which applied for my GC for future employment. Isnt working for 3 years itself the intent. Anyone in this situation.

Thanks
 
hemeshd/whats_in_name

There is no limitation to geography mentioned in AC-21. Almost all lawyers have the opinion that u can change jobs even across service centers after 180 days of pending AOS.

-ab
 
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