Different State when priority date becomes current..Problem?

[gsgchelp123]

Hi,

My priority date is mid-May 2011. My Green card application was filed when I was residing in State A but for the last couple of years I have been residing in state B (but working for the same employer and in the same position/role within the company). Do I need to be residing in State A at the time that my priority date becomes current in order to file for Adjustment of Status (I-485)? Reason I ask is that my Labor Certification application says that it was being filed for my employment in State A. Look forward to your guidance.

Thank you.

[whiskeylover]

File for an AC21. That's what my lawyer made me do.

[gsgchelp123]

Thanks.

AC21 is only if the 485 is pending for 180 days or if I have changed jobs.

I have not filed the 485 yet (waiting for priority date to become current) and I have not changed jobs either. I have only relocated to a different state with the same job and company. Question is: Is it an issue that I am no longer in the same State that I had filed my LC and 140 from?

[Attorney_15]

The situation presented is not necessarily an insurmountable problem.

The Green Card is for employment that will begin on becoming a Permanent Resident. If there are any facts that might give rise to the possible questioning of whether such employment is even possible, such as whether a job in a particular location existed on filing the I-485, one should be prepared to show that the job could have been started.

For specific legal advice and ways to address this problem, one should consult directly with an attorney who can advise you based on all of the facts of your situation.

[Belle]

You can use AC21 to change locations with the same emplployer. Seems like a good way to go.