H1b extension RFE for living far from office - 100 miles out of MSA

USA H1B
1

Hi,
I am on H1b and I live around 100 miles away from my office, I travel everyday to office and do not WFH.

I have received RFE in my h1B extension explaining the reason and they have mentioned about MSA.

Do I have to include my home address in LCA when I do not work from that location. whats the best way to handle this situation.

2

Hi @Sandeep_Arora

MSA only comes into picture for the work location address.

But, staying 100 miles away certainly creates a doubt in USCIS officer’s mind.

Can you share more details about the RFE and the documents requested to help me answer your query in a better way?

3

Hi Anil,
Thanks for your response,

below is the screenshot for the RFE:

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I have moved far from office recently because my wife was pregnant and we took apartment near her office. it takes me 1 hour 30 minute to drive from home to work.

this is my 6th year of h1b and from the last 5 years i was living near to office.

how should I respond to this RFE. what are your recomendations.

4

Looks like USCIS is looking at each H1B application very closely these days. I have not heard of this RFE before.

Anyways, since you have got the RFE, you will have to explain the reason for moving as your wife’s medical condition.

You would need to share the following documents to prove it:

  1. Wife’s medical reports.
  2. Wife’s office location address and job details.
  3. Your old residence address closer to your own work location.
  4. Your residence move to distant location within the last 1 year to help your wife’s office commute shorter.

I think you should be able to get H1B approval if you can submit the legitimate proofs and a valid medical reason to move.

5

Thanks for your response,

This is exactly what i had decided to give them

I am also planning to include a letter of explanation along with the documents.

Regards

Sandeep

6

Sounds like a good idea. All the best.

Let me know if you need more information.

7

Hi Anil,
I have question on this.
Right now the distance between my work location and residency address(Both NH) is about 4 mile, but i am thinking to move to the next state(MA) and will be driving to my current JOB location (approx 64 mile).

do i have to worry about this for my next extension? will i have chance to get RFE as well?
do i have to do amendment right now if i move to MA?

thank you

8

Hi @AP_83

The H1B amendment is required if your MSA (metropolitan services area) changes for your job location.

I know many people commute daily between NH and MA for job and they have not faced any issue.

But, as we see the above RFE, it seems USCIS is carefully judging every single aspect of H1B application. I would suggest to talk to your employer or attorney before moving.

This is tough times for H1B workers.

9

Thank you Anil,
I spoke to my Employer and they asked to attorney(have sent above RFE), they said not to worry because its commutable distance and as long as i am driving everyday to work.
and there is no need to do any amendment as you said just need to update new address to USCIS by using AR11.

thanks again for you you response!!

10

Hi @AP_83

Good. Its always good to confirm. Enjoy and let me know if you need more information.

14

My H1b extension got approved.

2 Likes
15

Congratulations and thanks for sharing.