RFE on I 140

[Reshmi_L]

Labor date : Jan 2006 EB2 India

I filed GC through a company in NY.

Ever since I worked in NY. - No issues

My I-140 got approved on may 2007. Got EAD and started using EAD since 2009.

Got an RFE on Feb 8 2011 that in my past job (which was in Texas), the H1 was filed in Philadelphia.

The RFE says: The G-328 filed the i-485 does not contain residence address information for Philadelphia.

Also it appears that for some reason USCIS had revoked all the H1s for that company in 2009.

But by then I had already switched to the NY company (in 2005).

How to deal with this situation.

Please help

[Belle]

Talk to a lawyer. Looks like you had a crooked employer that filed LCA for one location, while you were working at another.

G-328? Do you mean G-325? If so, then the RFE should be on your I-485, not your I-140. Can you double-check?

[Reshmi_L]

Thanks for the reply. The RFE is on I 140 which was approved on May 2007. It's G-328.

There must be many cases like that. We are scheduled to meet a lawyer. What are our chances. Has anyone faced such situation in the past?

[Belle]

Honestly, I am surprised the USCIS even asked that question. It really does not matter where you got the experience, what matters is... that you have the experience. OK, you may have had issues with your H1 at that time, however, it is again not relevant to your experience or your I-140. The USCIS may suspect that you are lying about the experience, but you may simply say that you were working in TX, and it was your employer who screwed up your LCA, and you had no way to fix it.

[Reshmi_L]

Here it is: when we filed for i- 140, there was no mention of address. It's only in G-325 that we mention the list of past employers and then below the address where we stayed.

The current company is in NY and I am working in NY. But Then when I mention the XXX company in Philly, there is no corresponding residential address for Philly. The RFE says :

ETA from 9089, Section K concerns Alien Work Experience, for Job 2 the benificiary claims to have worked for XXX in Philly. The benificiary claims employment for date1 to date2. However the G-328 filed with the I-485 does not contain residence address information for Philly. The Form I-129, Petition for Alien Worker does not contain an alternate job site address; therefore the benificiary was to report to philly address. The US Department of labor regulations require that the company employing foreign workers must provide and maintain a permanent worker location at the home office.

Now the experience can be proved by showing the paystubs and the W2. But what about the clause that they are refering about the job site address.

It was 7 yrs back and i had no idea about this LCA work location stuff then.

[Reshmi_L]

I have all the paystubs and w2s that prove my experience. Even if this RFE is answered, there is a chance that I might get RFE on I485 due to the above mentioned violation. I had left US and entered on H1 in 2006. Somewhere I read that it resets all past status.

But the only glitch I have is that I have shown it as one of my experiences in my labor. If this experience is excluded, even then i qualify for EB2 as I have more experience/requirements than required. But is the very mention of this experience have any issue for unauthorized work.

[Belle]

"ETA from 9089, Section K concerns Alien Work Experience, for Job 2 the benificiary claims to have worked for XXX in Philly. The benificiary claims employment for date1 to date2. However the G-328 filed with the I-485 does not contain residence address information for Philly. The Form I-129, Petition for Alien Worker does not contain an alternate job site address; "

Again, it is really G-328? Cause I don't know of such form.

Your problem is that you did not read what you signed in the LC. Your LC says you lived in PA, but you did not. That's why they think you are cheating on the LC. Maybe there is a way to get over it since you have other experience, just blame it on the employer. Get yourself a good lawyer.

[Reshmi_L]

It is G-325.

In the past employers address, I have mentioned company YYY, Philly.

In the next section, where i am suppose to mention my own address, I have mentioned texas as I was working there and also stayed.

There is nothing false. I can provide evidence that I actually have the experience.

W2s, paystubs, 2 affidavits. My lawyer said that since that is a consulting company, they send consultants to client locations. Which was my situation.

[Belle]

"It is G-325.

In the past employers address, I have mentioned company YYY, Philly.

In the next section, where i am suppose to mention my own address, I have mentioned texas as I was working there and also stayed."

Well, you weren't working in PA, you were working in TX, so there is a bit of an incosistency here. Your LC states that you were WORKING in PA. That's where the problem is.

[Reshmi_L]

Last week I got GC.

seems that USCIS was trying to find out if I had real experience.