Discuss Serge's I-485 USCIS Case

Hello,

Can u please explain what was the RFE? I can see it was because of Geographical issue. Are you working from a different place?
or for a different office? And is this something you can take care of?

and more important, is it RFE for I-140 or I-485? Have you replied to it?

This is weird RFE. We are consulting company. HQ is in CO, client is in NM. PERM have provision for it. So I am puzzled why they ask or why they assume NM is my permanent address. We just got RFE today. I will update when my lawyer come up with an answer.

Is it on your I-485 or I-140? and what it exactly says? I mean is it asking you to be in head quarter or just ask you to show you are working for them? Becuase GC is for future employment.

It's for 485. I provide exact wording in comment.

The documentation submitted with you application indicates that you do not reside in the same state or geographical location as the underlying Form I-140 or job location specified by your intended permanent employer. Please explain how you are able to work for company in Colorado, while maintaining permanent address in New Mexico.

I guess this is something you can easily take care of.
Because your client is in NM, Also because GC is for future employment, they can say the future opportuinity is in Colorado, like you have a job offer.

Because it is the same issue with me, please let us know what your lawyer thinks and does for this.

Hello,

Did you talk to your Lawyer? What did he say?
I asked somebody and he said it is not a problem at all, they can say you are going to go there once it is approved.

Hello,

Any update or news on this?

Lawyer just sent me the draft of response letter. We will put accent on temporary nature of my current assignment. Here is a quote from response draft:
"Our company develops software for a number of clients. The software development is usually done in-house. On occasion, it is necessary for our employees to provide software development services at the client site.
When we filed the labor certification application, in light of this reality, we answered the question regarding work location as follows, “NNNN zzzz, xxxxx, Colorado 80XXX” and “and other anticipated job sites in the U.S.” We were informed by our attorney that this is the proper way to list job locations when an employee may be working at our office in Colorado or may be working at a client site. In fact, our attorney has informed us that he has filed hundreds of applications involving similar fact situations with this designation and has never encountered a problem"

Hello Serge,

did you submit the document? After submitting the document, did the online status change to case has been resumes? in case yes, How long did it take to be changed?

Response was sent on Dec 22nd and CRIS notification arrived on 29th. I guess it is bad example since there was Christmas and USCIS was closed on 26th.

Hello,

I got RFE today about the same thing. I work for the company in CO office and the position on labor is in Omaha!
But they have different offices. By any chance, do you have a sample of what you replied to them? Was it from your company or your lawyer wrote it on behalf of you?

Also when you talked to him, was he confident this can be taken care?

I have a copy of RFE response letter. I will post exact wording later today. In PERM we have one address in CO and "unanticipated job site in the US" as second address. Which is true, since consulting is what we do. PERM is approved, I-140 for that PERM is approved and now they ask how I work for company "A", while working for company "B". Which is total nonsense.
Anyway, our response was built around temporary nature of out-of-state assignment. I have 50% confidence in what will happen next. USCIS is unpredictable. But if they deny it, there will be whole bunch of reasons for MTR.

Hello Serge,

Any update on your case? Did the online status change to documents received and case processing has been resumed?

Hello Serge,

My deadline is 29th January and as you said it takes almost a week for them to change the status and acknowledge the response.
I dont know I should get the CRIS email by January 29th or just mail them before 29th and it would be accepted?

Any idea?

CRIS is not 100% reliable. They updated the status of my AP two weeks after I received actual papers from my Lawyer. You can try to call their customer service.

Wow Serge!

Congrats man, you got the approval! Really happy for you and hopefully I will make it too!

Thank you.

hello serge,

have u received the card? can u share the time line> thx,

Hi Serge and Alwayshopeful,

Hope you got your RFEs resolved. I am in a desperate situation here. I got the same RFE and need to respond by June 7th. My lawyer is not too sure in our situation here as in my labor and I-140 they had just given the company location (my employer is also a consulting company). They had NOT kept it general to say 'or other locations in US" and had just given their location.

So, do u think it is OK if my employer gives a letter saying that even though it was intended for me to work from employer location (and the intent is same for future)........... it is just that looking at economic condition ...I have been temporarily loaned to the client in a different state... and I will come back and resume employment in the employers ofice/ state once my work with client is done or i get GC.

PLEASE HELP.

Yes, my RFE was resolved. We treated it as EVL request. As far as I know, we didn't put much attention on the fact of "And unanticipated location" in PERM.

Good luck.

Hello pinky20,

First of all, the response to RFE depends on the nature of company and job. In my friend Serge's case, it was mentioned in his LC that the job can be done in other locations. My case, it was only valid for one city but that is the HQ's location, my company has an office in the residence city. So they basically said in the response that I am working in their development center. I did not see what they said, but i guess you can take care of this. Dont forget GC is in nature for a future job offer. Best of luck and ask me in case you need anything.