RFE on I-140 Downgrade

Anil Mtkr

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Hello Everyone,

I got below RFE for I-140
“Provide evidence to establish  that the location of  intended employment listed on form I-140 is with same MSA”

Here is my case details:
PERM has my previous client location as primary worksite address, I’m currently at employer location not in same MSA as in PERM.
but in my job duties it is listed that I have to travel/relocate to unanticipated locations for short/long term assignments.

Can I use unanticipated locations mentioned in job duties some how to get RFE cleared 

any advice will be really helpful.

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If the PERM has the "travel/relocate" language, then there is an argument to be made that working at a new client location is ok, IF the employer's main office or HQ is the same or within the same MSA as the original location.

Normally, when a PERM is done with "travel/relocate" language, the recruitment for the case is done at the employer's HQ or main office with that address listed as the primary worksite. If the primary worksite was instead the client location (of that time period), it's harder to make this argument. Murthy Law Firm has dealt with this issue and variations on it for many years.

If you wish to see whether Murthy Law Firm can help you and your company respond to the RFE, you can contact us online at law@murthy.com or via the Chat feature on Murthy.com. I hope that this has been helpful.

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