485 rfe ,urgent help needed

L

lafernando17

Registered Users (C)
Hey Guys,

I got this RFE after my 1-140 approval for NIWEB2


1)Please submit documentary evidence which establishes that you continue to be engaged in your field of extraordinary ability. Such evidence may include, but not limited to; a currently dated letter from your present employer; copies of recent or ongoing publication or research; copies of recent awards, grants or fellowships or such documentation confirming that you continue to be engaged in your area of extraordinary ability as described in the underlying form I-140 immigration petition.

2) Please provide proof of your continuos employement authorization in the US from Feb 2005 to the present. Such evidence may include employement authorization documents (forms I-688 or I-766) granted to you by this service. Form 1-797 approval notices,showing you were granted status in an employment authorized non immigrant classification or copies of form 1-94 arrival/departure records showing you were admitted to the US in an employment authorized nonimmigrant status.

MY MAIN HEADACHE IS NUMBER 2 AS I CAME TO THE US ON A J-1 VISA AND HAVE MAINTAINED THAT STATUS TILL NOW. WHAT EMPLOYMENT AUTHORIZATION SHOULD I SHOW AS DS-2019 IS NOT LISTED AMONG THE THINGS STATED ABOVE
Please advise me what to do,
 
Can't you just submit copies of I-94 showing you were legally admitted into the US? What is the worry then?

GC
 
I already submitted my latest 1-94 with the initial submission.
I also looked at the 1-94 for J-1,it only states J-1/D/S i.e J-1 Duration of Status. There is nothing on it that says employment authorization.
Has anyone had similar experience?
 
Why are you worried.

You were on J1 status and show proof that you were working on J1 status. For me the situation was just employment letter in I-485 petition. I proved that and that is it.

For you gather that you engage in continuous work in the field of interest that you disclosed in I-140. So show publications, or if any and say that you were in the same field of research or if anything for that matter.

I luckily had publications and so did not have problems.

You can work in J1 or in EAD whatsoever that is authorized. show your proof of approval in J1.
 
DS2019 IS the document to show authorization to work.

( for eg: even if you have J1 visa stamp on your passport, you cannot continue to work for J1 institute without valid DS2019. So DS2019 are the documents you have to send them along with Visa stamp copies onur passport and I 94 card; mention in cover letter about your J1 status etc. I never left US for almost 6 years on J1 visa!!! all i had was DS2019s)
 
cerruti2827 said:
DS2019 IS the document to show authorization to work.

( for eg: even if you have J1 visa stamp on your passport, you cannot continue to work for J1 institute without valid DS2019. So DS2019 are the documents you have to send them along with Visa stamp copies onur passport and I 94 card; mention in cover letter about your J1 status etc. I never left US for almost 6 years on J1 visa!!! all i had was DS2019s)
Click to expand...

Thanks a lot guys. Will follow your advice. I wonder if the guys at USCIS check all the documents sent to them because i sent my DS2019 earlier and yet they ask for employment document for a J-1 holder. I guess i will just resend my DS2019 again and draw their attention to it.
Thanks all.
 
What forum gurus think about my case?

1. PhD from Europe 2006 (not from the top one, blah-blah State University).
2. Currently a postdoc at US University. Pharmacy/Medicine.
3. a) 45 papers in peer-review journals.
b) 11 first authored/Co first authored
c) 30 abstracts in national/international meetings.
4. 120+ citations.
5. Memberships in different societies requires PhD degrees and atleast two nominations
6. Two best poster awards in Conferences....
7. Reviewer for 8 Journals and reviewed 10 papers.
8. Three invitations to submit my research articles
 
KMB1975,I sure you stand a good chance for NIWEB2.
I did NIWEB2 and i had just 14 papers and about 25 citations
 
lafernando17,

Thank you very much for your suggestion. Did you apply by urself or attorney. How long does it take to get the I 140 approval?? what about my chances in EB1a
 
lafernando17, Did you answered your RFE. I am wondering about your I 485. I thought your I 140 NIW EB2 was approved this year. Could it be possible to apply I 485 in NIW. Howmany letters did you submitted. How many pages you write the cover letter.
 
I applied for my NIW 1-140 and 485 by Feb 09 and got the approval for i-140 in october. I immediately sent in the 1-485 for my family members in end of cotober after getting the approval notice of my 1-140. The RFE were sent to us by Nov 4 and i have sent a response back yesterday. I am waiting for a positive outcome now.
Regarding my cover letter,i it was about 17 pages but my advice is to try and write a cover a letter that markets you very well. The lenght of pages is not the issue but how well your case is advocated and argued in the cover letter.
Most of my references letters were 2-3 pages in lenght
 
Which country are you from KMB1975 because thats the main factor that will determine if you can file 1-140 and 1485 concurrently
 
lafernando17, thank you very much for your response. First of good luck for your I 485 appproval. I am from India. we have the Eb2 backlog from Jan 2005 so that I cannot do concurrent filing. How many recommendation letters did you submitted. Is is important to get the recommendation letters from out side. I am also postdoc presently on J1 visa like you.
 
I understand your plight with the backlog for NIWEB2 for Indians. You may want to try another category that is current instead of NIWEB2. I sent in 6 letters of recommendation and only 2 were from my institution. The remaining 4 were from folks outside my loop. You can scan through folks who cited your work and see those whose CV is really impressive and you can ask them to write letters for you. Most people will do if you explain to them that you need to establish that your work is important. Also some of my letters came from folks i approached at confrences
 
Dear lafernando17
In my I-485, I do not have the original birth certificate in 1970 (when I was born). But I have a new original birth certificate in 2009. Is it acceptable? How about your birth certificate?
 
Hichnhati2000,

I obtained a sowrn affidavit from my parents stating my age in addition to a letter from the body that compiles birth records from my country stating that the age my parents declared is okay. I would advice you send what you have and ask your folks in your country to get a sworn affidavit attesting to your date of birth and to attach it to what you are sending
 
Dear lafernando17,
Thanks a lot. I have one concern. Please explain to me. When you put many papers/documents (I-485 form, birth certificate, diploma....) of your I485 application, did you mark these papers/documents into specific numbers 1, 2, 3...so that IO can easily follow when reading your cover letter?

If you have different ways, please let me know. Thanks
 
I-485 and NIW-EB2

Dear lafernando17,
I have read your comments. They are really helpful. I do have a question that I would like to ask. My situation is very similar to yours. I have just received my I-140 approval based on NIW-EB2. A couple of months ago before filing NIW-EB2, I filled for EB1-1 (EA) which I concurrently filled my I-485 with my I-140 EB1-1. I have received an approval for the new filling NIW-EB2 while my EB1-1 is still pending.
I am wondering what to do next? How can I refer USCIS to my I-485 (or if it is necessary to do it?)
I appreciate your assistance in this regard.
 
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