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RFEs and specific queries RFEs and specific queries during Labor certification stage.

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  #1 (permalink)  
Old 07-29-2008, 11:54 PM
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Default Tough and tricky RFE on i 485.

Dont know why USCIS has picked me... I got multiple questions in a RFE.
I am posting only three of them.... I am sure gurus here will help me out.

Q1 : USCIS wants to know how come my primary residence was in State A while my employer was in State B. (Travel distance it 6 hours between them by flight)
Q2. There was a overlap of 3 weeks between Company A and Company B. ( as per my experience certificates given by my employers .( company A made a mistake)). Now USCIS wants to know how I could work in two companies for the mentioned period that are located in two different locations.
Q3. my primay residence for till 2005 was State A, and later it was State B. but my employer ran a pay roll in 2007 for one month using my primay address of state A( old address ). now USCIS wants me to explain the discrepancies.

My answer to Q 1 is that I am a consultant .. my job role was to move around the country... hence a primary address is state A while my company was in state B.
- Is there any better answer?
For my question 2. I am saying that its company A made a mistake for giving me an experience certificate even after I had resigned.
I think the law says that we can work for 2 different companies for a short period... but how to answer this? can I blame company A for his mistakes.. or say that I have the right to work for two companies for short period.
For my Question 3. my reply is... There must be a mistake from while running the payroll. I did not pay attention to this because my company used automatic deposit and never actually mailed the check.
- can I say this?

Experts - can you please help me out... atleast one or two questions..
want to know if my line of thinking correct? or should my answers be completely different?.... else, should I be prepared for 485 denial? btw, my i 140 has got approved.
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  #2 (permalink)  
Old 07-30-2008, 12:02 AM
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Quote:
Originally Posted by Coyguy View Post
Dont know why USCIS has picked me... I got multiple questions in a RFE.
I am posting only three of them.... I am sure gurus here will help me out.

Q1 : USCIS wants to know how come my primary residence was in State A while my employer was in State B. (Travel distance it 6 hours between them by flight)
Q2. There was a overlap of 3 weeks between Company A and Company B. ( as per my experience certificates given by my employers .( company A made a mistake)). Now USCIS wants to know how I could work in two companies for the mentioned period that are located in two different locations.
- talk to an attorney but it should be possible to mention that you were on a consulting basis ( not drawing salary) but helped out in transition from old company while you had started working for company B.


Q3. my primay residence for till 2005 was State A, and later it was State B. but my employer ran a pay roll in 2007 for one month using my primay address of state A( old address ). now USCIS wants me to explain the discrepancies.

- this should not be a problem, you can maintain addresses in different places. this seems a lack of information update on your employer part.

My answer to Q 1 is that I am a consultant .. my job role was to move around the country... hence a primary address is state A while my company was in state B.
- Is there any better answer?
- do make sure that both states falls in same labor area/zone i.e. you did not need a new labor to work in a new state. There are all kind of strange laws and some employers donot follow when employees are sent for projects across state lines.


For my question 2. I am saying that its company A made a mistake for giving me an experience certificate even after I had resigned.
I think the law says that we can work for 2 different companies for a short period... but how to answer this? can I blame company A for his mistakes.. or say that I have the right to work for two companies for short period.
For my Question 3. my reply is... There must be a mistake from while running the payroll. I did not pay attention to this because my company used automatic deposit and never actually mailed the check.
- can I say this?

Experts - can you please help me out... atleast one or two questions..
want to know if my line of thinking correct? or should my answers be completely different?.... else, should I be prepared for 485 denial? btw, my i 140 has got approved.
relax it will work out. and congrats on 140 approval.

Hope this helps
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  #3 (permalink)  
Old 07-30-2008, 12:16 AM
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I'm no expert and I did'nt fully understand your situation.
Surely, you will get better responses from the experts on this forum.
Also check with your lawyers on the best way to respond.

But here is something to think about and ask your lawyers. You can maintain your primary residence in another state in the interim period and travel back and forth until you are ready to move your residence. I wonder if you can get a letter from some friend from the other state that you used to stay with him whenever you were away from your primary home (may not even be necessary. an explanation should suffice)

For the company problem, if you have good relations with comp A, can you ask them to redo the letter and also mention the mistake? Also consider if you were being paid after a delay. In many cases, ones current period pay will be paid after two weeks. The max I have seen/heard is 4 weeks and that payperiod will be mentioned in your paycheck.

payroll? No idea!!! how did they know that one month's pay was credited at your primary residence?

Last edited by willigetagc; 07-30-2008 at 12:34 AM.
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  #4 (permalink)  
Old 07-30-2008, 01:10 AM
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dontworry is infamous around these parts dontworry is infamous around these parts
Default Beware!

I think this guy is a phony. Anyone else thinks the same?

1. His questions are way to0 wierd. I have never seen USCIS issue RFE with such details, let alone more than one question per RFE.
2. His profile is totally bogus. All of his dates are same 7/7/7. Registered today...

my 2 cents.
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  #5 (permalink)  
Old 07-30-2008, 02:11 AM
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Quote:
Originally Posted by dontworry View Post

I have never seen USCIS issue RFE with such details, let alone more than one question per RFE.
Then you really haven't seen anything yet. Go to Track itt and check some of the RFEs people received from NSC during that period. It will make your head spin.
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  #6 (permalink)  
Old 07-30-2008, 02:24 AM
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r u EB2, whats ur PD?

As for answers, you need to take this to a qualified lawyer. This is a special scenario. Take a second opinion if u can....

For Ques 1 - USCIS may still revoke ur 485...if ur labor cert did not say that ur job is relocatable anywhere in US...So be careful before u use that answer.
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Last edited by jonty_11; 07-30-2008 at 02:27 AM.
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  #7 (permalink)  
Old 07-30-2008, 03:29 AM
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Coyguy is on a distinguished road
Default Thank you all for the replies.

Dear Texcan. - Thank you for your kind words.

Dear wiligetagc - I spoke to my lawyer. He seems to be as confused as any other experts would be.
but thank you for the reply. I will take couple of lines from your post.

Mr dontworry - You need not worry. best help u can do for me is not post such replies... dont waste time. yes I did put wrong dates but that is not the problem.

Jonty 11 - I am in EB2. My labor certification says that my primary location is State X and secondary location is 'other location'.
btw, will a labor cert such as mine be of help?

Buddyinsfo - I have 7 questions in total.. even I was shocked to know to what level they r scruitinising my application.
btw, my labor got approved in july 07. and they have taken up my application well in advance.
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  #8 (permalink)  
Old 07-30-2008, 08:23 AM
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you really should talk to a qualified attorney, ur case has been picked up by an IO who is intent on dotting every i and crossing every t!
inline...

Quote:
Originally Posted by Coyguy View Post
Dont know why USCIS has picked me... I got multiple questions in a RFE.
I am posting only three of them.... I am sure gurus here will help me out.

Q1 : USCIS wants to know how come my primary residence was in State A while my employer was in State B. (Travel distance it 6 hours between them by flight)

were you on H1 at thsi time? afaik this is ok as long as your H1 LCA was for your place of work and thats where you worked. You can say that you are a consultant who travels temporarily to client sites while maintaing your primary residence elsewhere.

Q2. There was a overlap of 3 weeks between Company A and Company B. ( as per my experience certificates given by my employers .( company A made a mistake)). Now USCIS wants to know how I could work in two companies for the mentioned period that are located in two different locations.

Did those 3 weeks matter in any way in you meeting your I-140/LC requirements? If not, then you could try explaining the confusion there as a typographical mix-up. Do you have a copy of your I-140 filing? That has a section on employment history, waht does that say? Also, what did you fill in your 485 application form for employment history in the biographical info section. If everywhere but those letters its 3 weeks, the argument that its a typo there will make sense.

Q3. my primay residence for till 2005 was State A, and later it was State B. but my employer ran a pay roll in 2007 for one month using my primay address of state A( old address ). now USCIS wants me to explain the discrepancies.

what is the exact question in the RFE? How did USCIS know that one months payslip had the wrong address?

My answer to Q 1 is that I am a consultant .. my job role was to move around the country... hence a primary address is state A while my company was in state B.
- Is there any better answer?
For my question 2. I am saying that its company A made a mistake for giving me an experience certificate even after I had resigned.
I think the law says that we can work for 2 different companies for a short period... but how to answer this? can I blame company A for his mistakes.. or say that I have the right to work for two companies for short period.
For my Question 3. my reply is... There must be a mistake from while running the payroll. I did not pay attention to this because my company used automatic deposit and never actually mailed the check.
- can I say this?

Experts - can you please help me out... atleast one or two questions..
want to know if my line of thinking correct? or should my answers be completely different?.... else, should I be prepared for 485 denial? btw, my i 140 has got approved.
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  #9 (permalink)  
Old 07-30-2008, 03:34 PM
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Default

Oh its me the lucky...!!
Quote:
Originally Posted by meridiani.planum View Post
you really should talk to a qualified attorney, ur case has been picked up by an IO who is intent on dotting every i and crossing every t!
inline...
Thank you meridiani. Your answers sound better. I am gaining some confidence now.

Q1 : USCIS wants to know how come my primary residence was in State A while my employer was in State B. (Travel distance it 6 hours between them by flight)
Meridiani -were you on H1 at thsi time? afaik this is ok as long as your H1 LCA was for your place of work and thats where you worked. You can say that you are a consultant who travels temporarily to client sites while maintaing your primary residence elsewhere.
CoyGuy - I was on H1B during this period. and I have plans to mention that I used to be consultant that required me to travel. hence I provided my friends address as primary location in state A to handle my mails such as bank documents, pay stubs.....

Q2. There was a overlap of 3 weeks between Company A and Company B. ( as per my experience certificates given by my employers .( company A made a mistake)). Now USCIS wants to know how I could work in two companies for the mentioned period that are located in two different locations.
Meridiani - Did those 3 weeks matter in any way in you meeting your I-140/LC requirements? If not, then you could try explaining the confusion there as a typographical mix-up. Do you have a copy of your I-140 filing? That has a section on employment history, waht does that say? Also, what did you fill in your 485 application form for employment history in the biographical info section. If everywhere but those letters its 3 weeks, the argument that its a typo there will make sense.
Coyguy - These 3 weeks did not matter for my qualifying for EB2. I resigned from company A during the first week of May in 2005 and started working for company B the following week. After 2 years when I requested for experience certificate, I was given a letter till 05/31/05.
while filing my G-325 A, I had mentioned 04/2005 as my last day in Company A ( just ignored one week)..... so the problem I belive


Q3. my primay residence for till 2005 was State A, and later it was State B. but my employer ran a pay roll in 2007 for one month using my primay address of state A( old address ). now USCIS wants me to explain the discrepancies.
Meridiani - what is the exact question in the RFE? How did USCIS know that one months payslip had the wrong address?
Coyguy - - Here is the RFE for my pay period related question.
Records indicate that for the pay period of 07/02/2007 to 07/15/2007 while working for the company X ( present company), you indicate you were IL, however your address is noted on the pay stub as FL. The pay period from 07/16/2007 to 07/29/2007 indicates your address on the pay stub as IL. Please submit a written statement addressing the discrepancies of the addresses you are noting on the Form G 325 and the information as indicated on the pay stubs from Company B ( present company )

I have plans to write that its a mistake from my employer.and submit my tax returns document that indicates that I paid my tax only to IL.
Should I also attach a document from my employer saying that its a mistake from his side?
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  #10 (permalink)  
Old 07-30-2008, 04:45 PM
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getgc2008 can only hope to improve
Default hey good to see you here

P..d , hey good you are getting some good answers from the gurus here.
Hoope this helps.
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  #11 (permalink)  
Old 07-30-2008, 05:33 PM
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hey bud, your situation is not bad at all. If I were you I would'nt be worried.

for (1), your reason is a good one. Just make sure that your explanation is watertight. Think about any and all counter questions that could arise.

for (2), you should be able to explain it very easily. It is even better if you can get hold of bank statements (for a small fee you should be able to get that from your bank) that shows when the paycheck stopped from company A. But carefully examine the dates just so that you dont add to the confusion.

You can always explain that you rounded G325-A date to the nearest month and also explain that company A (probably) rounded it to the end of the month.

for (3), tax returns are great, bank statement will work too or you can get a letter from your employer (one or more of this would work just fine).
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  #12 (permalink)  
Old 07-31-2008, 01:27 AM
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Coyguy is on a distinguished road
Default Bingo..

Quote:
Originally Posted by willigetagc View Post
hey bud, your situation is not bad at all. If I were you I would'nt be worried.

for (1), your reason is a good one. Just make sure that your explanation is watertight. Think about any and all counter questions that could arise.

for (2), you should be able to explain it very easily. It is even better if you can get hold of bank statements (for a small fee you should be able to get that from your bank) that shows when the paycheck stopped from company A. But carefully examine the dates just so that you dont add to the confusion.

You can always explain that you rounded G325-A date to the nearest month and also explain that company A (probably) rounded it to the end of the month.

for (3), tax returns are great, bank statement will work too or you can get a letter from your employer (one or more of this would work just fine).

Bingo..!! Answer for the question 2 can't be better.
I tried talking to my employer # 1 , but he was in no mood to redo the letter once I mentioned R-F-E.

Well, Thanks Guys....I will put down these answers in a nice format and take a second opinion from an expert....
I still have time till Aug 16th.. hence would be open for improvising my explanation.. Till that time... let me work on my wife’s RFE questions. She got some 5 Qs… but they r relatively very easy.
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  #13 (permalink)  
Old 07-31-2008, 02:34 AM
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According to the latest 245 (k), the status or unauthorized work does not matter after last entry. Ideally even if they see any discrepancies, then should only ask you from last entry to US.

Depending on when you last entered, the Q2 and Q3 (its just one month < 180 days) can be argued.

The only justification needs to be given for Q1. Lawyers generally use 245(k) liberally ...
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  #14 (permalink)  
Old 07-31-2008, 04:36 AM
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Quote:
Originally Posted by Coyguy View Post
Bingo..!! Answer for the question 2 can't be better.
I tried talking to my employer # 1 , but he was in no mood to redo the letter once I mentioned R-F-E.

Well, Thanks Guys....I will put down these answers in a nice format and take a second opinion from an expert....
I still have time till Aug 16th.. hence would be open for improvising my explanation.. Till that time... let me work on my wifes RFE questions. She got some 5 Qs but they r relatively very easy.
all the best. I think this will work out ok for you.
Also, maybe it could be worthwhile hiring a good attorney for this just in case... sometimes USCIS looks for standard responses/templates and good attorneys like Murthy/Rajiv-Khanna can handle these well (esp if you are on EAD, not H1 now, and a mistaken denial would put you out of status).
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  #15 (permalink)  
Old 08-01-2008, 11:31 AM
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dontworry is infamous around these parts dontworry is infamous around these parts
Red face I apologize...

Quote:
Mr dontworry - You need not worry. best help u can do for me is not post such replies... dont waste time. yes I did put wrong dates but that is not the problem.
Coyguy, I apologize for offending you and others on this forum. I thought I was doing good by alerting members to a potential poser (numbersusa or other loudobbians). I felt like Sherlock Holmes. But looking at your subsequent posts, I could see that your really are a genuine help-seeker (based on detailed discussion regarding your case in subsequent posts). I guess I should get back to my day job and as you rightly said, should refrain from wasting my time being negative if I don't have any positive contribution for someone who is under considerable stress.

To all IVians, Lesson learned. Will be more careful

Cheers...
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