Dear All,
My I-140 is approved on labor substitution. I need to opt CP or AOS for next step. My company says that the job is not available for the position used in labor approval(since it was approved from different state than where I am working) so you should file under AOS and then continue working at the location where you are right now after GC approval. In this situation you are OK with AC21 rule since you can change job after 180 days. Now change of job after 180 days applies once you change employer but in my situation I will be working with same company after GC approval and will not be able to move to the location specified in LC. Is this Not the rule violation or I am ok if I mention that I used AC21 rule. Please advice.
My I-140 is approved on labor substitution. I need to opt CP or AOS for next step. My company says that the job is not available for the position used in labor approval(since it was approved from different state than where I am working) so you should file under AOS and then continue working at the location where you are right now after GC approval. In this situation you are OK with AC21 rule since you can change job after 180 days. Now change of job after 180 days applies once you change employer but in my situation I will be working with same company after GC approval and will not be able to move to the location specified in LC. Is this Not the rule violation or I am ok if I mention that I used AC21 rule. Please advice.