RFE on Geographical change for I-485

A

aznj123

Registered Users (C)
Hi,

I have received the following RFE on my I-485.

"Your application 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."


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

Please let me know, anyone has received this type of RFE and any sample employer letters? Any suggestions.

Thank you,
aznj123
PD -May 2003
140 AD - 2005
485 RD - 06/2007
EAD AD - 08/28/2007
 
Hi aznj123,

I saw you have similar post sometime back. Actually, I have also received the similar RFE on my I-485. Just wanted to know what happened in your case and what kind of letter did you sent.

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..
 
My Lawyer sent Employer Verification Letter, Approved LCA (can work in any state) and 140 approval.

Best of luck,
AZNJ123.
 
Hi

I received a similar RFE letter. May I ask if your case being approved after you submit the response?

thanks
yan

aznj123 said:
My Lawyer sent Employer Verification Letter, Approved LCA (can work in any state) and 140 approval.

Best of luck,
AZNJ123.
Click to expand...
 
I am waiting.

EB3 - INDIA
PD - 05/2003
Labor AD - 2005
140 AD - 2005
485 - RD - 06/2007
FP - 07/07
RFE Reply - 09/21
LUD 06/04, 07/09, 07/10, 08/28, 09/21, 09/28, 09/30, 10/01
 
where to file LCA

what is the procedure to file LCA? if we file it, does it affect any of our pending I-140 or i-1485 applications? i mean is it just a notification like address chagne which you submit to USCIS or it is an application which you will file and USCIS will take days and days to approve it?

is it possible to file LCA stating that employee can work in any US State so that one does not have to file it on every relocation. in consulting work a person travels alot some time between states so asking to clarify this.
 
LCA is nothing but Labor approval notice, which has all conditions of the employment. Your lawyer might be having. No need to apply again.

Usually all Lawyers will apply Labor "Can work in any state". Check with your lawyer.

If they file labor with "work in only one state", then you need Employer letter regarding change.
 
verbage to address the discrepancy

hi aznj123,

can you please paste the letter you provided in response to this rfe. Essentially, I am looking for the actual verbage in the employer letter in response to address the discrepancy of having different geographical location from the actual LC location.

that will be helpful as I am not getting what exactly to cover here.

thanks
M..
 
Received same RFE today

Hi aznj123,

I got the same RFE letter today:

"Your application 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."

Working for the same employer since GC filed.

Can you please post the employment letter which was submitted to USCIS with hiding your personal info.

It will be a great help.

Thanks in advance.
 
Did you use AC21?

Did you use AC21 for changing employer? If you used AC21, there is no restriction on geographic location. The new job just needs to be have similar job responsibilities.
 
Received same RFE

I am with the same employer, who filed my GC.

My attorney says:

"you simply need to submit an employment letter by stating your salary, job description and starting date"

Please let me know what else do I need to submit for this RFE.

Thanks in advance.
 
You need Regular employer verification letter with job title, salary and how long you have been working with the following description.

"We hereby confirm again that the terms and conditions of the employment petition as described in our I-140 and the approved Labor Certification shall continue to exist.

Attached with letter please find a copy of our labor certification (LC), the original of which is in your record. As you can find from our LC, the work location we indicated in our petition is everywhere in the United States."



Best of luck
 
simply submit new EVL (emplyment verification letter) which will also state that you are with the same company but just working in a different state. But make sure that it is valid for they will check if indeed your original sponsoring company has an office in a different stated other than the original location when ur LC was filed.
 
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