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Bakha777

I-485 RFE - Address Discrepancy

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Hello. I received following I-485 RFE (EB2 ROW):

"The documentation submitted with your application and a review of USCIS records shows that you do not reside in the same state or geographical location as the underlying Form I-140 immigrant visa petitioner. Your form G-325A and application indicate that you reside in City A, NJ. The employer is in City B, Iowa. 
Therefore, submit a currently dated letter from your original Form I-140 employer which addresses this discrepany. The letter should also indicate the terms and conditions of your employment-based visa petition (or labor certification) continue to exist." 

My situation: I work for this consultancy company for 5 years (they are based in Iowa). I have been living in NJ for the same time and working in one of their clients here. So, I have been here at the time they started greencard process (with Labor certification) 2 years ago. 

Perm Labor Certification address is Iowa. 
My H1B LCA address is New Jersey, where I currently work at client location (FYI). 

So, what are your opinions on this? My company is working with a lawyer who will be working into this, but I wanted to get other thoughts.

I believe greencard application is for the future position that will be available immediately once applicant is eligible to start working. Under my H1b, I can continue working in NJ and once my greencard application is fully approved, technically then I will have to be in Iowa office for work to be in compliance with Labor certification employer address. Is that correct?

 

Do we simply provide a letter stating the coditions of the employment-based visa petition continues to exist?

 

Thank you

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So, does your employer have clients in Iowa?

If not, this looks like an attempt to avoid paying the higher prevailing wage in NJ.

And while the GC is for a job in the future, the employer can't know when the I-485 will be approved, so the job has to be available throughout the process. Has it been available to you all the time from filing the LC to now?

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