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Change of address + RFE

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  • Change of address + RFE

    I filed for my I485 in July 2007 with a PD of May 15th 2006. Received a RFE for employment verification in Sep 2008 and we responded immediately. But, by the time they received my response. visa numbers were unavailable and did not get a response back from USCIS. In the mean time, I got transferred by the same employer who sponsored my I140 from Southern Cal to Northern Cal last Aug. I changed the address online and also filed AR11. Today, my lawyer received a RFE with the following statement

    "The documentation submitted with your application and/or a review of service records indicate you no longer reside in same state or geographical location as the underlying I140 and/or job location specified by your employer

    Therefore submit a current dated letter from your original I140 employer which addressed this discrepancy. The letter should indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist."


    It also goes on to say, if you changed your employer, file a AC21. Obviously, i cant file a AC21 since I didn't change job. Has any one been in this situation. Any insight would be extremely helpful. Here are my questions and I hope to answers for.

    What kind of letter should I send to USCIS?
    Is it enough to send a letter from my employer stating I got transferred and the terms and conditions of I140 remain the same. Anything specific we need to mention in the letter?
    Does my 140 get invalidated just because I moved to a diff geographical area?

    Is there a need to submit a AC21 since this was not a job change?

  • #2
    Just provide what you already mentioned from your current employer. AC21 scenario can be used with current employer too if you changed your job location but not necessary.

    Your lawyer should be able to give you the right guidance.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Thanks for the response. My lawyer says we should send both a letter answering the concern and also do a AC21 just to cover the worst case. But, I want to make sure invoking AC21 won't hurt. Thoughts?

      Thanks

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