Hi all,
I am not sure if this has been posted in this thread before.
An I485 Baltimore, Maryland case has been denied citing that the beneficiary was not working for the employer at the location from where the labor was approved.
The employer, Netguru Inc., had filed for the beneficiary's I-485 from Waltham, MA, based on a labor which was approved for the same place. (Waltham, MA seems like their US head quarters). The district director had cited that the labor was approved for a particular location and the applicant was not working at the location where the labor is approved and hence issued a NOID which then went to AAO. The AAO cited various reasons including entries found in I129 (H1B) and 325a (Bio-graphic info) and had denied the case.
http://uscis.gov/graphics/lawsregs/admindec3/a1/2004/mar2204_01a1245.pdf
This is a very scary scenario for many of the consultants (like me) who will be travelling from state to state depending on the clients available. 'Part 5' of the I129 (H1B) form has a section 'Address where the person(s) will work'.
[1] As far as I know many employers would leave that a blank. So if such an applicant happens to travel and move to different geographical locations within US, would it be unlawful?
[2] Does it mean such an application has violated the H1B and invalidates the H1B and hence will be ineligible for 485 (because 485 requires that the applicant is in valid status while his I-485 being processed)? (This is the reason cited by AAO to deny the 485).
Guys throw in your inputs and if anyone had their 485 approved inspite of the fact that they never worked at the employer's location share your expriences too!
TIA
dyno