Urgent Help Me

R

REF

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I got rfe from Texas INS regarding my I-485 see below RFE.

Please submit a Copy of the I129 showing the job location .It is noted the Eastern Service Center approved your H1 status, which should indicate the job location was in their jurisdiction, yet you lived in California during that time.

My parent company located in Newyork but I got placed in California how to resolve this issue please help me

Thanks,
RFE
 
My guess is that, they want to check if all the I-129s and labor certifications are in order and there is no hole in it.

I heard a few cases where consulting companies put H1 workers into different demographics areas without labor certification from those specific areas. Normally BCIS is very suspicious about this kind of cases. For example, if your initial I-129 approval from NJ with NJ labor department, your ex-company was supposed to get another labor approval from CA labor depratment, before they placed you at California. So either you have two I-129 approvals (one from NJ, one from CA) with different labor certificates or you have one I-129 tagged with two labor certificates.
Now, BCIS does not know which one is valid for your case. That's why they sent you this RFE.
Probably your I-485 application had a copy of I-129 with NJ labor. California labor certificate was not attached to it.

Try to discuss with your company and lawyer, and get all labor certificates.
 
I-485 RFE

Actually my employer did not filed california labour certification
If I provide a copy of I129 to BCIS there is no use
my company never filed labour certification california in california
In that case my application will denied because of H1B is specific to location you can't work in california

that's what I am thinking If we provide the letter from company we are unable to provide the I129 form

I don't know what BCIS officer will do

Please share the Info please

Thanks,
 
Try to get a good lawyer who can handle it. That's all I can say.

Logically H1 worker should not be panalized if employer fails to get labor certification. But as we all know, BCIS does not follow logic.
In my opinion, instead of trying to show excuse that I129 is missing (will BCIS believe that? I don't think so), it's always better to play fair from your side. Just tell the fact that your employer placed you at California without labor certification, and you were not aware of it (it's not your duty, but employer's).
 
Regardless of fault, the person who will suffer in the end in case this is not solved will be you. INS could say okay we know it is not your fault, but since your company screwed up, ask them to fix it. Then what?

My suggestion, get a good lawyer who is willing to go toe to toe with INS and sock it to them. I hope things work out for you. Good luck!
 
Hey RFE,
To me your case is not as complecated as you are thinking. I am not an attorney but i can share my views.

1)Even if you are working in Californea with out an LC of Californea, It is not your fault. It is the responsibulity of the company to provide you one. You can blame the company and claim innocent.

2) Gc process is for future employment. That means once you are approved, You are intended to work where ever your labor was applied and approved.

3) You are saying your company is located in Newyork. Where was your 140 approved? Ny or TX?. Where did you file 485?.

If your 140 is approved in NY and filed 485 in Texas. Then that might be the problem Texas wants to know why you filed 485 in texas. Finally why is your case in TSC when your company is in NY?.

Attorney's know very well how to deal these cases. Did you apply through Attorney. If not i know a very good law firm that might help you.

Good luck. Any problem has a solution. We just need to find it.





Originally posted by REF
I got rfe from Texas INS regarding my I-485 see below RFE.

Please submit a Copy of the I129 showing the job location .It is noted the Eastern Service Center approved your H1 status, which should indicate the job location was in their jurisdiction, yet you lived in California during that time.

My parent company located in Newyork but I got placed in California how to resolve this issue please help me

Thanks,
RFE
Click to expand...
 
srm,

from the post, it appears tsc is trying to see if there was any violation of the h1 visa. it has nothing to do with the issues such as gc for future job, etc. however, this does not appear to be a major issue and with proper and good attorney response, i think they will approve. good luck.
 
Today I came to know that my employer refused to provide the copy of I129 I asked please provide the letter like we are unable to provide copy of I129 for that also he refused

what I need to do , In that case my I-485 will be denied

how to response the query please share the Info ...

Can I contact local congrasman do you think it will help
 
RFE,
Your case is not the first case I saw where some consulting company is exploiting the helplessness of H1 visa holders. I don't know what you are trying to negotiate with that company for. That company is not going to help you because either way they are in trouble. If they provide I129, then the LC violation will be exposed. And, if they provide letter for missing I129, still they are in trouble because BCIS provides a guideline for the employers who employ H1 visa holders. According to guideline, they are supposed to keep all the immigration related records. So the best way for them (to save their own butt), not to co-operate with you - assuming that you will try to cover up matter in your own way. Simply, they don't want to invite their trouble.
But there is nothing to cover up from your side. Be strightforward. Get a good lawyer and let the lawyer handle your ex-company. If the lawyer can handle the thing properly, I don't think your GC will be denied. In worst case, it will be delayed for a very good amount of time.
 
pralay,

Thanks, giving good advise today morning it self I handover to my lawyer my lawyer is going to contact my ex-employer for that my lawyer told me he will charge some amount I said that's fine with me.

pralay If my lawyer unable to get that letter what is my options
how to solve the RFE.
 
RFE,
I am not lawyer, so I am not recommanding the best path to pursue. That's why we all suggested to get a "good" lawyer. Discuss with him/her.
Probably your lawyer will try to get a copy of I129 from your ex-employer. If they don't provide that, your lawyer will reply the RFE with correct manner - stating the facts whatever happens and placing the blame to your ex-employer for LC violation.
 
to SRM:
you are mistakenly thinking that the labor in question is the LC for the green card. it is, rather, the LCA (labor condition application) which limits the employment parameters for H1 that the whole issue is about.

to REF:
bud, it seems the only way to deal with it is get a good lawyer, who will deal with BCIS as well as your employer. don't take this on yourself to solve. obviously, your employer's cooperation is important, as you don't want to find yourself out of a job. if your case is being handled by your employer's lawyer, talk to them about it. if not, or if you think the present lawyer is not up to the task, look for a new one, while trying your best not to antagonize your employer. that might be a tough call, but that's about the best advice any one could give you on this forum.

good luck!
 
LC=labor Cetificate. Need not be for California as long as you can show the GC job (future employment) is in the state where it was filed

LCA=Labor Condition Approval pertaining to where you will be working on H1B. This should have been filed for California if you worked in California on H1B. Can you get this from your company lawyer and check?
 
The violation is clearly the employer's. They needed to not only obtain a new LCA, but file an amended H-1 petition when the location changed. If they failed to do so, they are in violation of the applicable regulations. How they will handle this is anyone's guess. It seems that BCIS should not hold this violation against you, but who knows.
 
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