485 Rfe

[nara1233]

My 140 was approved in 2003 in EB1-OR. After a long delay in the namecheck at FBI, finally received an RFE for the 485 which states

“Please submit a letter and /or other documentary evidence, which establishes that you will continue to be engaged in the occupation on which the national interest waiver is based. The evidence shall specify how you intend to serve the national interest and confirm that you intend to carry out the terms and conditions of the underlying I-140 petition.”


My lawyer says that it is just a standard request to show that I am still employed and that the officer at INS has got confused with my EB1-OR for an NIW petition. My lawyer feels that a letter from my employer showing that I am still working under the terms of employment in the OR petition and also informing the officer that it is an EB1-OR and not an NIW petition should do.

Anyone has any idea/experience on this?

Thanks

 

[jaishreeram]

Hi,
I would be interested in what reply you provide to INS? I am in NIW category with approved I-140. This RFE applies to me. What sort of evidence did you provide to show employment verification? I mean did you sublit paystubs, w2, letter from employer etc?
Please keep us posted.

 

[nara1233]

The only problem with the message is that I am not in NIW and in EB1-OR. According to my lawyer it is probably a clerical error. For proving that I will be continuing my research here, they would draft a letter to be signed by my employer. My attorney feels that is the only thing that may be needed. The lawfirm and our HR deal with these things directly. So I may not know the exact wordings of this letter.