Urgent...Please advice

gcbol

Registered Users (C)
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.
 
INS has not come out with final regulations about same company, different geographic location issues (or for that matter any other issues).
If the employer refuses the employment offer letter (job not available at said place) then you dont have any other option other than doing 485. Because Employment letter is a big requirement for CP.
By doing 485, you also have the option of switching to a different company later.
Using The GC is for a future job argument you can go for 485 now. Also note a generic employment offer letter (need not mention location) is still needed for 485.
After 180 days I dont think geographical location should be an issue, but...
 
Thanks jaxen. Now can you elaborate on your last para. What I understand that even if I do not move to the job location as mentioned in LC after my GC, a person is OK working in the same location and legaly fight that he has used AC21. Now in this situation should it be informed to INS stating that he is using AC21. Please clearify. Thanks
 
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