I-485 RFE - Sounds Very Strange

w220 said:
I could be wrong, but I believe the labor certification is only good for a certain geographical area. The reason for this is that the job market may be different from location to location, and as such they have to make sure there is no shortage of qualified workers in your new geographial region. Moving from Chicago to the Bay area would certainly place you in a different job market. It would not matter if it is the same employer, since the point with the LC is to make sure you don't take a job an American could have taken.

Basically, any change in your job, and I emphasize ANY CHANGE, after the LC is usually bad.

It sounds like you should engage a good attorney to assist you.
Click to expand...

You are not wrong. You are 100% right, except, if the job/geographical change (same or different employer) occurs after 6 months of 485 pending, as AC21 covers this situation.
 
w220,

Can_card is right. After 140 is approved and 485 is pending more than 6 months and if you change job or location or employer, then you are 100% safe.

My wife did that. Here employer is very huge and they own an attorney. Attorney said she is 1000000% safe. However she still with original employer but moved to another location.
 
Do you have to file an AC21 letter in response to the RFE, even though you work for the same sponsoring employer, same job but in a different location from the LC?
 
nordkapp said:
Do you have to file an AC21 letter in response to the RFE, even though you work for the same sponsoring employer, same job but in a different location from the LC?
Click to expand...

As per her employer attorney new location job (even though you are with same employer and with same skills) it shall be stipulated as a new job. So he has filed AC21 when my wife moved to new location.


Hope this helps you.
 
LC and Location

I understand that LC is pertinent to a specific geographic location, However as people have suggested in this thread that the GC process itself is for a future job and your present location shouldnt matter. Also most LC(s) are drafted intelligently stating that the job location can be anywhere with the U.S.
However clearly, most RFE's are specific and are targeted to explain the change in address. I would like to know if these RFE's are meant to explain the mere descrepancy of change of address from the I140 for to 485 or is there is bigger underlying question weaved into the RFE? I think there is, Gurus any thoughts? Not sure if the AC21 concept will work here if you are with the same employer with a change in the job location. Its good to see a explanation to this RFE as drafted by an attorney.
UN can repond as well.
 
RFE on 485 for EB2

My old attorney received RFE. I got an RFE as " Please submit evidence of non-immigration status for the period x to y". I got 90 days time to provide response to RFE. I was in school on I-20 and maintained status. Please be awre that there is a chance that your old attorney can receive your RFE, even after you change jobs and lawyers. But my old attorney is OK guy.

New attorney answering my RFE in this week. Will see what happens.

Satti babu
 
Update ?

Any update from folks that got this RFE. I have received the same RFE. Format of the response your attorney sent would be really helpful.

In my case -- I started GC from Company A in 2000, I 140 was approved in Dec-2000. I quit company A and joined Company B after 4 years I joined back Company A and applied for 485 using the approved I140.

I have been waiting for 2 years in name check status in CSC. Now got this RFE after it was transferred to NSC.

Appreciate if you can reply with updates on your cases.
 
Hi all,

I have also received the similar RFE (04/02/2008) on my I-485. Just wanted to know what happened to the cases in this post and what kind of letter did you sent. I also see some people respond private. I will appreciate if you could put all those on public please.

My RFE states
"review of service records indicates that you no longer reside in the same state or geographical location as the underlying form I-140 job location. Therefore submit a currently dated letter from your original I 140 employer which addresses this descrepancy. The letter should also indicate whether the terms and conditions of your employment based visa petition (or labour certification) continue to exist."

I am with the same employer and just change the state location with same jobs and responsibilities.

Will appreciate your quick and detailed response.

Regards,
M..

PD - 12/05/2006
140 (approved)
485 (Pending) - filed 07/19/2007 (concurrent)
 
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