More specific 221(g) domicile question

[G&Mhk 1]

My wife got a blue slip 221(g) last week at her interview here in HK related to domicile. Let me explain my question.

When I started the I-130 a year ago, I put down on the cover letter that my employer here was transferring me to the US 'cause that's what we had discussed then.

Things changed over time and on the 864 I put down that I would be starting up a U.S. office in the city where my wife and I would end up.

My employer and I both want my current position to end so that I can clear my taxes here. The position in the US for the same company (they are registered there as well) will be a slightly different position.

So I will be effectively resigning here and starting over there with the same company.

But the consulate said that they wanted a "notarized letter" from my employer about the transfer.

So my question is: is this going to be a big hassle if the "transfer" turns out to be more a position has been created for me in the US with the same company? It's not exactly a transfer...I should have gotten this in writing a year ago but things were just in the discussion stage then.

None of this is related to finances as my mom is the co-sponsor.

I'm also preparing all the usual documents to prove intent to re-establish domicile (taxes, bank accounts, voting registration, etc.).

Thanks.

[NikLR 13,227]

Get a letter from your employer in the US stating that you will be at such and such company, in such and such position, at such and such salary, in such and such location. Basically an employment letter.

[G&Mhk 1]

Get a letter from your employer in the US stating that you will be at such and such company, in such and such position, at such and such salary, in such and such location. Basically an employment letter.

I have and I'll be working from home initially. We haven't finalized salary yet.

I guess I'm wondering why the blue slip asked for just one thing and not for me to prove domicile.

Should I go ahead and submit all the other evidence I have for proving domicile even though they only asked for the letter?

Thanks.

[NikLR 13,227]

I would just submit what is asked for.

[G&Mhk 1]

I would just submit what is asked for.

Okay. Thanks.

But then I'm still hung up on the word "transfer" which is originally what I thought what was going to happen. The new position turned out to be a new one, not a transfer of this one. So it's not as much a transfer as it is a new position created for me so that I can work for the company once I get back to the US (since we already have US employees).

And salary may not still be finalized until after I leave here.

So if the letter says I've been offered a new position based in the U.S. it should be okay?

When I got hired here my appointment letter didn't mention salary. It was specified in the contract for the first year.

And for a US job I don't need a contract.

[NikLR 13,227]

Basically you need this employer letter to either prove your job will continue in the USA for the AOS or that you have a job in the USA for domicile purposes.

Either way it doesn't matter why they ask, just provide them with an employment letter as they asked for. You're transferring within the company really, just taking up a new position.

[G&Mhk 1]

Basically you need this employer letter to either prove your job will continue in the USA for the AOS or that you have a job in the USA for domicile purposes.

Either way it doesn't matter why they ask, just provide them with an employment letter as they asked for. You're transferring within the company really, just taking up a new position.

Thanks. Yeah when I saw the blue slip I freaked out and wondering why they were asking about my job when my mom is the co-sponsor for financial reasons. Then my wife went in again and they handed her the domicile handout to give to me. So it's for that reason, I'm sure.