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 MurthyDotCom » MurthyForum » RFE & Audits » I140 RFE for working at client address than at the company address

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AuthorTopic:   I140 RFE for working at client address than at the company address
vegasboyforu
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 06, 2009 10:00 AM Click Here to See the Profile for vegasboyforu   Reply With QuoteEdit or Delete Message
Please let me know if anyone faced the same issue as me

My I140 RFE details are:
CIS notes that the certified ETA 9089 lists the work to be performed in section H, nos. 1 and 2, to be at the company address (Utah). From the record of salary paid to the beneficiary by the petitioner, the beneficiary has continued to live in client location (Florida). Those pay records show that beneficiary's residence is Florida is almost 2 years as of now. None of the descriptions of the position account for any other worksite other than the worksite listed for Utah. The labor certification as written does not support the beneficiary working in other locations.

Please submit prevailing wage determinations that were valid at the time your petition and accompanying Form 9089 were filed for your location in Utah, and the beneficiary's apparent work location in Florida. The prevailing wage determination must have been obtained by the employer in accordance with 20 CFR 656.40.

If the beneficiary has relocated to Utah, or the nearby area, please send evidence of that relocation.

Please send evidence, including photos and documentary evidence, of the address designated on the ETA 9089 where work is to be performed, Utah address, to document that it is a place of work.

Please drop your comments if any one faced the same issue

Regards,
Krishna
Posts: 8 | Registered: September 11, 2006
Attorney_9
Attorney		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 08, 2009 12:58 PM Click Here to See the Profile for Attorney_9   Reply With QuoteEdit or Delete Message
This is a common issue where the individual is not currently working in the geographic area listed on the Labor certification. You should consult with an attorney to discuss your case in detail.
Posts: 489 | Registered: September 17, 2007

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