I-485 RFE - Sounds Very Strange

A

ac_dc

Registered Users (C)
Hello,

I am a silent member in this forum, I got an RFE today. This is what it says.
Did anybody had this kind of RFE. Please advice

1) The documentation Submitted with your application and a review of Service Records indicates that you no longer reside in the same state or geopraphical 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 your original Form I-140 employer which address this discrepancy. The letter should also indicate wether the terms and conditions of your employment-based visa petition(or labour certification) continue to exist.

2) Submit evidence to verify the birth and parentage


I am not really sure what to Submit for the first point. I am still with the same employer who filed my I-140

Thanks You
PD - 2003/EB3
 
Were you previously staying in the same location as labor petition location. Someone else in this forum had got a similar RFE recently. GC is for a future job so current location should not matter.
 
rocknroll

I also got the similar RFE as follows :

"The documentation Submitted with your application and a review of Service Records indicates that you no longer 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 your original Form I-140 employer which address this discrepancy. The letter should also indicate wether the terms and conditions of your employment-based visa petition(or labour certification) continue to exist."

I'm still with my original employer. Please explain me what should be the response for this. Is current employment letter fine? Please help.....
 
I Got Same Rfe

got RFE.Here it is.

"The documentation Submitted with your application and a review of Service Records indicates that you no longer 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 your original Form I-140 employer which address this discrepancy. The letter should also indicate wether the terms and conditions of your employment-based visa petition(or labour certification) continue to exist."

You can use AC21 and blabla la.

But i am with same employer.I moved to Maryland from Chicago that triggered
RFE( I may be wrong).What is the best way to respond.Here is my plan
1.emp letter
2.w2 last year.
copy of AR-11---Is there anything i am missing???

thanks in advance--please reply
PD--2001.July EB3
 
Cv001

CV001,

Here are my details
EB3 PD : Oct'2003
I-140/I-485 filed concurrently
I-140 Approved April'2005
I-485 Pending Since May'2004

Please help what should be the response.....
 
ac_dc and rocknroll !

ac_dc and rocknroll

I see that both of you are EB3 with PD in 2003.
Can you let us know if you are from a retrogressed country or not ??

Also ac_dc - what is your 485 RD ?

I am trying to find a trend in this so-called "pre-adjudication" of 485 cases.

Thanks !
 
Probably I might get the same letter.

Chicagopains:

This is may enough. What they are concerned is you have moved from geographical location from where 140 is applied. Where is the answer??

Unitednations:

I did move to another location after 6 months of 485 is pending and 140 approved by useing AC21. Is this become a problem?? Do I get the same RFE?? I am still with the original employer.

unitednations, your inputs are helpful.
 
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unitednations said:
Nebraska issues this rfe. That is they look at where the job location is and where you were living when you filed the 485 and where you live currently.

Although it is imperative that you have authorization to work wherever you are living; nebraska service center is quite aware that companies were filing in states which were fast processing (wisconsin, iowa, south dakota, etc.).

You need to be careful how you answer it. Reason being is that even though job is for future; uscis isn't stupid.

If they go through a companies 140 history and find that everyone's labor is for iowa but none of them are working there then they find it hard to believe that company and candidate had intention of working there and now everyone is changing their intention.

If nebraska thinks people filed labors in these locations just for fast processing and people are being cute that job is for future and person will move there upon greencard approval or they have changed their mind and now are going to use ac21 for a different location then nebraska will start digging into the size of the office, state unemployment insurance reports to determine how many people are working there; address on federal tax returns, etc.
Click to expand...


Unitednations:

I did move to another location after 6 months of 485 is pending and 140 approved by useing AC21. Is this become a problem?? Do I get the same RFE?? I am still with the original employer.

unitednations, your inputs are helpful.
 
Got RFE on 485 today

I used different address with my wife's EAD, which is different from my 485 filing date. I don't know what my RFE has. I will request a copy of 485 RFE from Attorney and post here. Seems like NSC guys have no work to do... :) May be trying to generate worjk for them selves. :) In fact for NSC to do some useful work, no visas left over for this year :) surprise.
 
ac_dc and rocknroll

Thanks .... seems like they are actively processing mid to late 2004 RD cases (and/or 2003 PDs)

hopefully the PD would move fast enough - I am getting beat by this reto now !
 
sattibabu_2004 said:
I used different address with my wife's EAD, which is different from my 485 filing date. I don't know what my RFE has. I will request a copy of 485 RFE from Attorney and post here. Seems like NSC guys have no work to do... :) May be trying to generate worjk for them selves. :) In fact for NSC to do some useful work, no visas left over for this year :) surprise.
Click to expand...

What is your PD??
 
I applied for 140/485 with sub labor on April 28th, 2004 in EB2 in NSC. Completed FP in june 2004 and Biometrics code 3 in Oct, 2005. Apllied for 3 rd EAD for me and my wife recently last month and got approved. Inquiry opened with Congressman in Feb 2006 got reply as in background check. So Congreeman office requested FBI for case status, received usaual answer( under background check). changed job recently in April 2006 and applied for AC21 though attorney. Got 485 RFE e-mail today. Don't know what is in it.

Thank you. Will share more info after I get a copy of 485 RFE from attorney.
 
Ditto here...
I have an RFE on my 485 with two parts, first of which has the same verbage as what you have jotted down here
The documentation Submitted with your application and a review of Service Records indicates that you no longer reside in the same state or geopraphical 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 your original Form I-140 employer which address this discrepancy. The letter should also indicate wether the terms and conditions of your employment-based visa petition(or labour certification) continue to exist.

I was in Chicago for 7 yrs, moved to Bay Area last yr but with the same employer.

What docs should I submit?

Here is my details:
LC PD - Aug 02
LC AD - Dec '02
140/485/765 RD - Apr '03
EAD AD - Jul '03
140/485 RFE - Aug '03 (Employers ability to pay)
RFE responded Sept 20, '03
AC21 using EAD to a different company Oct 13, '03
Mar '04 - EAD renewal & 131 filed
Mar 22, '04 - 140/485/765/131 denied
2nd 140/485/765 RD - Sept '04
140/EAD/131 AD - Nov '04
EAD/AP Renewal AD - Oct '05
485 RFE - Jun '06 (different work location from LC petition and status question)
India
 
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change of location

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.


nordkapp said:
Ditto here...
I have an RFE on my 485 with two parts, first of which has the same verbage as what you have jotted down here
The documentation Submitted with your application and a review of Service Records indicates that you no longer reside in the same state or geopraphical 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 your original Form I-140 employer which address this discrepancy. The letter should also indicate wether the terms and conditions of your employment-based visa petition(or labour certification) continue to exist.

I was in Chicago for 7 yrs, moved to Bay Area last yr but with the same employer.

What docs should I submit?

Here is my details:
LC PD - Aug 02
LC AD - Dec '02
140/485/765 RD - Apr '03
EAD AD - Jul '03
140/485 RFE - Aug '03 (Employers ability to pay)
RFE responded Sept 20, '03
AC21 using EAD to a different company Oct 13, '03
Mar '04 - EAD renewal & 131 filed
Mar 22, '04 - 140/485/765/131 denied
2nd 140/485/765 RD - Sept '04
140/EAD/131 AD - Nov '04
EAD/AP Renewal AD - Oct '05
485 RFE - Jun '06 (different work location from LC petition and status question)
India
Click to expand...
 
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