My lawyer wants to file AC21 memo on different job location

[joondad]

Hi!

I moved to different job location (different service center) within the same company a year ago and my lawyer now recommends to file AC 21 memo reporting job location change. He worries about invalidation of underlying LC if I don't do it. What do you think? The AC21 memo will cause case transfer to different location?

WAC 02-088-xx

 

[Tasse]

AC21 doesn't care about job location. I have no idea why he wants to inform USCIS

 

[joondad]

Thanks for answer.
He said the underlying LC is location specific. Is that true?

 

[Tasse]

Before AC21, this could be a problem, especially if the LC was restrictive and only mentioned one job location.

In my opinion as long as the USCIS takes over 180 days to process the I-485, the risk of moving to a new location is not a problem. AC21 says only about the same duties as in LC and I-485 pending more than 180 days, there are no words about salary, job location and etc.

 

[gcworthy]

Any I-485 based AC21 needs EAD. With an EAD one can work for any employer in USA as long as I-485 is pending over 180 days and the job is similar. The location does not matter.

 

[Tasse]

Originally posted by joondad
I moved to different job location (different service center) within the same company a year ago and my lawyer now recommends to file AC 21 memo reporting job location change.

I just realize that perhaps you cannot use AC21, because you continue to work for the same petitioner

 

[joondad]

I don't know why he wants to file AC 21. He told me he will charge $1000.00 for this.

 

[TheRealCanadian]

Originally posted by joondad
I don't know why he wants to file AC 21. He told me he will charge $1000.00 for this.

That's why he wants to file AC21.