Hello Experts,
"Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based non immigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the intended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, transferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application."
The above has been taken from Oh-law website. Want to know, am I in trouble (I - 485) because I moved to a different State.
My Case: Company 'A' filed labor and got approved. Filed 140 got approved. Filed 485 and is pending. All this happened when I lived in TN. In 2008 moved to another company 'B' (Sent AC 21) in TN and worked for 1.5 years. Company 'B' moved me to California for a different project.
Based on the above paragraph from the Oh law website am I really in trouble when they adjudicate my case, and also in the above paragraph they say that AC 21 will Justify the move. If AC 21 will cover the move then why red flag is raised when moved to a different city or state?
"Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based non immigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the intended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, transferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application."
The above has been taken from Oh-law website. Want to know, am I in trouble (I - 485) because I moved to a different State.
My Case: Company 'A' filed labor and got approved. Filed 140 got approved. Filed 485 and is pending. All this happened when I lived in TN. In 2008 moved to another company 'B' (Sent AC 21) in TN and worked for 1.5 years. Company 'B' moved me to California for a different project.
Based on the above paragraph from the Oh law website am I really in trouble when they adjudicate my case, and also in the above paragraph they say that AC 21 will Justify the move. If AC 21 will cover the move then why red flag is raised when moved to a different city or state?