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485 issues in Nebraska Service Center  

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  #1  
Old 7th April 2009, 12:35 PM
fmmac fmmac is offline
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I-485 RFE - Work Location

Hi,

This is the extract of the RFE I received.....

"The documentation submitted with your application and/or review of Service records indicates that you do no reside in the same state or geographical location as the underlying Form I-140 immigrant visa petitioner and/or the job location specified by your intended permanent employer.

Therefore, submit a currently dated letter from you original Form I-140 employer which addresses this discrepancy. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist. This letter must be in the ORIGINAL and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment"

Here is my case…..
I work for a software consulting company based in Virginia. My work place is in Los Angeles.
In the labor certification section H - Job Opportunity Information (Where work will be performed). Here Los Angeles, California was given

In the I-140 application, Part 6 section 4 – Address where the person will work if different from Part 1. Here the lawyer forgot to give Los Angeles, California address. Since there was no address in this section USCIS assumed the address given in Part 1 which is Virginia.

Now the Lawyer suggests to get a letter from the employer stating that Part 6 section 4 was mistakenly left blank. The current work place is Los Angles, California as given in the labor certification. And the letter should also certify that I have Permanent full-position with job duties as mentioned in the labor certification.

Do you guys think that this letter will work?

Please advice

Thanks!
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  #2  
Old 7th April 2009, 05:50 PM
Harry04 Harry04 is offline
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I am also in the similar situation for which I posted a query some time ago.

Quote:
Originally Posted by fmmac View Post
Hi,

This is the extract of the RFE I received.....

"The documentation submitted with your application and/or review of Service records indicates that you do no reside in the same state or geographical location as the underlying Form I-140 immigrant visa petitioner and/or the job location specified by your intended permanent employer.

Therefore, submit a currently dated letter from you original Form I-140 employer which addresses this discrepancy. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist. This letter must be in the ORIGINAL and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment"

Here is my case…..
I work for a software consulting company based in Virginia. My work place is in Los Angeles.
In the labor certification section H - Job Opportunity Information (Where work will be performed). Here Los Angeles, California was given

In the I-140 application, Part 6 section 4 – Address where the person will work if different from Part 1. Here the lawyer forgot to give Los Angeles, California address. Since there was no address in this section USCIS assumed the address given in Part 1 which is Virginia.

Now the Lawyer suggests to get a letter from the employer stating that Part 6 section 4 was mistakenly left blank. The current work place is Los Angles, California as given in the labor certification. And the letter should also certify that I have Permanent full-position with job duties as mentioned in the labor certification.

Do you guys think that this letter will work?

Please advice

Thanks!
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  #3  
Old 22nd May 2009, 06:25 PM
ajaysri ajaysri is offline
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I got a similar RFE. Can you please tell how have you responded and did USCIS acknowledge the response?
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  #4  
Old 22nd May 2009, 06:30 PM
fmmac fmmac is offline
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On May 1, 09 my REF response reached USCIS and the online status got updated to. We received your response to REF and your processing is resumed. If you do not here from in 60 days ...................
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  #5  
Old 24th May 2009, 12:18 AM
Harry04 Harry04 is offline
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ajaysri,
I got a letter from employer saying that they are still committd to the conditions of my future employment and that I was located currently for the sake of continuity of my children's education. and that I would be relocated to the future employmnt location as soon soon it is convinient for me. USCIS received it and updated the status on their web site. This I hope indicates they did not want any more info on this.
Hope it helps.
H.
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  #6  
Old 18th July 2009, 09:55 AM
VKR2002 VKR2002 is offline
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job location change

I am working for a consulting company based in ct and i just moved to ny, different client. i looked at my labor and the work location mentioned is "CT and other locations in US". Will this cover me or do you think an RFE is inevitable? My case is with TSC and at the last infopass they said it has been preadjudicated (EB2, oct 2004 PD).
And all you guys who responded to such RFEs, did you have any updates on your case?

Thank you.
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  #7  
Old 20th July 2009, 01:03 PM
fmmac fmmac is offline
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Join Date: Mar 2007
Posts: 59
I received an I-485 Interview notice. The interview is scheduled on August 7, 2009.
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