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Got an RFE when filed for amendment
I got my H1 approved in 2015 with a client based in Dallas, TX. When applied for LCA it was an on-site project but the client agreed to work remotely by the time my H1 started (i.e., by Oct 2015). As it is a remote project, I used to work from Wisconsin (where my family resides) and my employer ran a payroll for WI (basically I paid WI taxes).But my employer did not file for amendment and since I was working for the same client neither I was aware that we need to file an amendment. In May,2016 I found an on-site project in Wisconsin for which my employer filed an H1 amendment. After 8 months of filing amendment, USCIS has given an RFE very recently in Feb, 2017. This RFE states that
"The LCA was certified on March, 2015 valid for the work location in Dallas, TX, effective from Sept 2015 to Sept 2018. However, it appears that the beneficiary has instead moved and started working in the state of Wisconsin in March, 2016 as shown on the beneficiary's pay statements. The state of Wisconsin was not listed in the LCA certified on March 2015 as the beneficiary's authorized location for that period of employment."
USCIS has requested that we provide an explanation and submit evidence to establish that we have compiled with the terms and conditions of the LCA, USCIS and USDOL's requirements.
I am not sure how this situation can be handled and what would be the consequences. I spoke to an immigration attorney but could not get great input from the firm. Any suggestions would be highly appreciated and I really need help here.
Also wanted to know if anyone have faced similar situation previously and overcome this issue.
Thanks in Advance!
"The LCA was certified on March, 2015 valid for the work location in Dallas, TX, effective from Sept 2015 to Sept 2018. However, it appears that the beneficiary has instead moved and started working in the state of Wisconsin in March, 2016 as shown on the beneficiary's pay statements. The state of Wisconsin was not listed in the LCA certified on March 2015 as the beneficiary's authorized location for that period of employment."
USCIS has requested that we provide an explanation and submit evidence to establish that we have compiled with the terms and conditions of the LCA, USCIS and USDOL's requirements.
I am not sure how this situation can be handled and what would be the consequences. I spoke to an immigration attorney but could not get great input from the firm. Any suggestions would be highly appreciated and I really need help here.
Also wanted to know if anyone have faced similar situation previously and overcome this issue.
Thanks in Advance!
