Bakha777 Posted July 8, 2015 Report Posted July 8, 2015 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
JoeF Posted July 8, 2015 Report Posted July 8, 2015 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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