Move to new city with current employer (while pending 485)?

[srini1976]

I have the below questions please:

Example: My employer is a software solutions company with multiple locations across U.S
I am a full-time employee working as "Principal Consultant" in Dallas, Texas. My Perm labor application shows a future position of "IT Director" at this location.
I have completed 6 years on H1B and recently started using EAD and AP.

Can I now relocate/move to another location(say Atlanta) with same employer and Job profile/role? Will it be detrimental to my pending I-485 application? Can I expect any RFE?

Thanks,
Srini

[fromnaija]

If your I-485 has been pending for more than 180 days, you could use the provisions of AC21 to move to a new location.

[srini1976]

Thanks fromnaija.

Yeah. My I-485 has been pending for more than 180 days. I wasnt sure to use AC 21 provisions with the same GC sponsoring employer to move to other location!

[srini1976]

I have the below follow-up questions please:

Beginning Jan 1 2009, we are working on 32 hr / week ( 4 days ).
My employer intends to move back to 40 / hr week sometime in the 3rd or 4th quarter.

My profile is clean and always in status working fulltime.

Now - employer asking to relocate to Atlanta from TX but perm certified for TX position.
Current Job title, salary, responsibilities will be same except working from Atlanta.
My current position/title/duties are different from perm certified position.

Based on earlier response and some research - it is possible to move to the new location on the same Job using AC21.

My main concern is working for 32 / hr week(Because USCIS expects 40 hr / week as a full time job):

• Will this be an issue if an RFE is issued(for EVL - current and proferred position)?
• Will there be any ability to pay related RFE for proferred position (Not sure if this is considered for proffered positions)?

To make it simple based on the above information can I relocate to Atlanta using EAD working for 32 hr / week and answer any (EVL or A2Pay) RFE without any issues because I am with the same GC sponsored employer.

Thanks in advance.