HELP please! I485 RFE-NSC (letter included)

gl2006hc

Registered Users (C)
Dear gurus and suffering fellows:

Please help!!! Below is the I-485 RFE I received yesterday. Have you had/knew of similar one before? Is this a difficult one?
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1. Please also submit evidence that your employment from October 7, 2004 until February 21, 2006 was authorized by this Service. Such evidence may include, but is not limited to:

§ Copies of both sides of your Form I-94 Arrival/Entry Document;
§ Copies of both sides of your Form I-20 A-B/I-D (F-1 students and dependents);
§ Copies of both sides of your Form IAP-66/DS-2019;
§ Copies of any Form I-797 approval notice/notice of action;
§ Copies of the pages in your passport which show U.S. visas, Immigration admission stamps or other endorsements to include the passport identity pages;
§ Copies of any and all Employment Authorization documents issued to you by this service.

2. Please submit a letter and/or other documentary evidence, which establishes that you will continue to be engaged in the occupation of which the national interest waiver is based. This evidence shall specify how you intent to serve the national interest and confirm that you intend to carry out the terms and conditions of the underlying I-140 petition.
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For request no. 1, do you think submitting one of the items is enough or shall I submit multiple items? I am on H1B now and also applied EAD (approved but not used). What is IAP-66/DS-2019? How shall I handle request no. 2?

I changed job from Oregon (NSC) to California (CSC) while I-485 is pending (after more than 180 days). I do not not know if this complicates the situation although my I-140 is based on NIW and was approved before the job change. The special October 7, 2004 date comes form my H1B visa valid period (10/07/04-10/07/07) from my previous employer in Oregon.

Thank you very much in advance for advice. Best wishes to everyone of us.
 
Hello,

From what I have heard that's a pretty standard I-485 RFE for NIW.

For #1, I think one substantial evidence, like H1 approval notice should be enough.

For #2, I would write a self-statement, get at least a letter from your current employer, and get a letter from your previous employer if posssible, to show that you have been working in the same field and will continue to do so.

I am in the same boat with you and am afraid that I will get the same shit. PLEASE, do let us know what you did and the result after you get through this.

wish yo best of luck!


gl2006hc said:
Dear gurus and suffering fellows:

Please help!!! Below is the I-485 RFE I received yesterday. Have you had/knew of similar one before? Is this a difficult one?
----------------------------------------------------------------------------
1. Please also submit evidence that your employment from October 7, 2004 until February 21, 2006 was authorized by this Service. Such evidence may include, but is not limited to:

§ Copies of both sides of your Form I-94 Arrival/Entry Document;
§ Copies of both sides of your Form I-20 A-B/I-D (F-1 students and dependents);
§ Copies of both sides of your Form IAP-66/DS-2019;
§ Copies of any Form I-797 approval notice/notice of action;
§ Copies of the pages in your passport which show U.S. visas, Immigration admission stamps or other endorsements to include the passport identity pages;
§ Copies of any and all Employment Authorization documents issued to you by this service.

2. Please submit a letter and/or other documentary evidence, which establishes that you will continue to be engaged in the occupation of which the national interest waiver is based. This evidence shall specify how you intent to serve the national interest and confirm that you intend to carry out the terms and conditions of the underlying I-140 petition.
------------------------------------------------------------------------
For request no. 1, do you think submitting one of the items is enough or shall I submit multiple items? I am on H1B now and also applied EAD (approved but not used). What is IAP-66/DS-2019? How shall I handle request no. 2?

I changed job from Oregon (NSC) to California (CSC) while I-485 is pending (after more than 180 days). I do not not know if this complicates the situation although my I-140 is based on NIW and was approved before the job change. The special October 7, 2004 date comes form my H1B visa valid period (10/07/04-10/07/07) from my previous employer in Oregon.

Thank you very much in advance for advice. Best wishes to everyone of us.
 
niwsam,
Thanks a lot for your feedback. I will surely keep you informed how this goes (i.e. what documents will be submitted, and the outcome). PLEASE let me know if you gain more knowledge about what additional documents would be helpful for #2 reqeust in my RFE. This sucks and hope you do not have to go through the same thing. For this case, do we need to worry about the AC21 shit? Have you seen a sample letter for #2 request on this forum?

Thank you and wish you the best!

Hao
 
Hi Hao,

Unfortunately I don't think I have more experience on this than you do. The good side is that I never heard anyone's NIW 485 was turned down due to job change. So I believe you'll be fine as long as you defend your case as hardly as you can.

Like all other RFEs for NIW, there is really no standard answer to them. I think the most helpful document is your previous employer's letter. If they are cooperate enough to describle your previous job as close as what you are doing now, there shouldn't be any problem for you to pass.

as for ac21, I think it's not relevant to NIW case.

Again, best of luck!
Sam

gl2006hc said:
niwsam,
Thanks a lot for your feedback. I will surely keep you informed how this goes (i.e. what documents will be submitted, and the outcome). PLEASE let me know if you gain more knowledge about what additional documents would be helpful for #2 reqeust in my RFE. This sucks and hope you do not have to go through the same thing. For this case, do we need to worry about the AC21 shit? Have you seen a sample letter for #2 request on this forum?

Thank you and wish you the best!

Hao
 
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