Eb-1b Rfe

A

akmm

Registered Users (C)
My petitioner (University) finally got the RFE letter a few days back and sent a copy to me. The first page seems pretty generic talking about the time-limit that I have to submit additional documents etc, the consequences thereof and then refers to the 'attachment'

'Attachment' is the next paper which reads -

Please submit a complete copy of the actual letter and/or contract offering employment to the beneficiary (addressed to the beneficiary) issued at the time of hire by the aapropriate university hiring authority pursuant to Title 8, Code of Federal Regulations, Part 204.5(i)(3). This letter or contract must set forth the title, terms and conditions of the position offered. If the beneficiary has changed positions since his initial hire, please send documentation conforming to the above for each position.

Please submit a copy of the relevant portion of the university personnel manual, adminsitrative handbook, etc. that covers the type of appointment offered to the beneficiary.

------------------------------------------

What I understand from my limited knowledge is that they want to ensure the position was refered to as 'permament' in the original letter.

Any advice please ?????

If someone has gone through this, can he/she please share the experience and let me know, if possible the exact wordings of the letter that was submitted as the evidence. My unit is very supportive and is ready to work with me !
 
There is recent USCIS memo about what is considered permanent employment. I do not have exact reference date.

Two things are critical: reasonable certainty of continuous employment and some sort of notice period before layoff (as opposed to hire and fire at will).
These two elements are considered for defining permanent (and reasonable stable) employment.

I am not expert but this should help you probe more.
 
Thanks for the input hotstrike.

I would wait to hear more on this before I compile my response. I still have more than 4 weeks to respond !
 
This is exactly what I received in my RFE. However, they also asked for more evidences to prove that I qualify for EB1b category. I think your Univ attorney should know about this...
Good luck
 
eb2007 said:
This is exactly what I received in my RFE. However, they also asked for more evidences to prove that I qualify for EB1b category. I think your Univ attorney should know about this...
Good luck
Click to expand...


eb2007

I personally believe that our attorney hardly does anything. In my case also she made absolutely no changes to the package that I compiled, including the cover letter !

In RFE also, she has asked me to provide everything and says that she will just forward it.

Therefore, I am seeking advice from everyone !!!!

Can you please suggest me as to what you submitted in support of your case. I know, in case of job letter, I just need to send that. There is nothing that can be done here. Just a plain simple copy of the original letter. In this regard, are there any 'red flags' or are there any statements that, if they are there, would be good for the case?

Did you also submit any additional letter from Chairman/Dean commenting on the 'permanent' nature of job, funding etc. If yes, let me know the exact wording please !

Also, is your case approved now?

Thanks in advance.
 
akmm,
Usually for such RFE's people forward the copy of original offer letter. Tghen along with it they also send a copy from human resources stating the permanency of the job and its indefinite course. Sentence like" this job is permanent and indefinite unless ther is a good reason for termination". A letter from the dept. chair in a same pattern is also sometimes included.
 
Hi akmm,
I haven't responded to RFE yet and still working on the letters as they have asked for more evidences in my case.
My attorney is going to draft a letter for my permanent position issue...I'll let you know as soon as I get a look at it.
BTW did ur RFE asked for permanent position only?
Cheers
 
What is your title akmm? What evidence did you send in your original package to prove permanent (doesn;'t mean forever) nature of your position? Usually, university HR keeps a copy of employment manual at their website. You may want to check that out.
 
Hi Blueone

My title is Research Associate.

At the time of filing I submitted a letter from Dean, School of Medicine that the post is permanent. I never submitted the original hire letter which they need now. The original letter says that the job is dependent on funding !!

I guess, in addition to the copy of original letter, I will again submit a letter from my PI and Dean stating that the lab is well funded (our lab has 6 active RO1s) and the funding is available atleast for next 5 years.

Also, I intend to provide a detailed list of funding that my PI received in last 20 years to argue that our research has always been well-funded and there is no reason to think otherwise even beyond the current funding !

Does that make sense ?

Any suggestions ?

Thanks in advance to everyone
 
This is very tricky and I think depends on how you present it. Most universities don't sponsor a grant based employment exactly because of this.

How long until the current funding runs out? I think you should get a letter (from the same authority that signed the original letter) that says your job is permanent without sounding like they have changed their minds (this is where it gets tricky).

On a different note, this permanency rule just doesn't make sense. What if your letter says your job depends on your funding and then your show evidence for funding for the next 50 years? Would the IO be happy then?
 
Thanks Drdoctor1

GC-Hopes,

I agree its tricky and that's why I am worried about the whole thing even though some people have responded to me saying that this is an easy RFE !
 
Well I also received this RFE but my attorney seems pretty cool about it. Also my title is Post Doc Res Associate.
I don't know how is she going to handle this??
 
eb2007

as you mentioned earlier, you have other questions to answer as well....that's why your lawyer might think that responding to this part (pertaining to job letter et al) should be an easy job. Also, the officer would be looking at so much evidence in your case (which I am sure you will supply) that the things will get diluted.

In my case, however, this would be the only part that would be scrutinized !

what is your last date for responding to RFE. Mine is Aug 28.
 
Dear AKMM,

For want of time and simplicity, I have the following for your consideration.

Try to harmonize following facts and realities.

1. Generally, post-doc res. associate is not perceived permanent post. However, you can address this by showing functional details of your job dutues. If they are like scientist or regular res. position, you are fine. Take help in drafting appointment letter and showing important assignments with likelihood of long term continuity.

2. Nothing is eternal and permanent. Funded projects have lilmits. It is good that your lab and boss are good with funding. If boss further reassures (in words and on paper) that there is a likelihood of continued funding for long time (several years and beyond or for a foreseeable future for a long time), it may be ok as a permanent ARGUMENT.

3. Be truthful but present facts and realities to address permanent query in all its nuances and subtleties.

4. Reasonable funding continuity + Important job functions + Reassuring words from Bosses & HR + Funding track record + Employee protection (Not fire at will but some sort of notice period) + Long term research agenda with your likely involvement = PERMANENT.

Good luck!
 
In my personal opinion anything related even remotely to "postdoctoral" term will not have a positive effect at NSC.
If you are lucky you can get through. but this being NSC the chances are less.
In our univ. they will not sponsor EB1-OR for postdoc.
each univ. has a different term for the postdoc research associate.
in some univ they call it as Research assistant prof. even though for job responsibilities that is just a postdoc.
now if you teach along with doing research you have pretty good chance even though your title is postdoc.
good luck.
 
"In my personal opinion anything related even remotely to "postdoctoral" term will not have a positive effect at NSC.
If you are lucky you can get through. but this being NSC the chances are less.
In our univ. they will not sponsor EB1-OR for postdoc.
each univ. has a different term for the postdoc research associate.
in some univ they call it as Research assistant prof. even though for job responsibilities that is just a postdoc.
now if you teach along with doing research you have pretty good chance even though your title is postdoc.
good luck."

NIW_help

I never mentioned that there is anything even remotely related to 'post-doc' in either my title or the job letter. Does that increase my chances for approval ?

Thanks a lot for your thoughtful post. I understand that technically all these jobs are post-doc....but.....the wording 'post-doc' is what the service center looks for..to make a negative decision.
 
Yesterday my administrative officer drafted a new job letter that they plan to use for my RFE. I don't know the content of that letter but I'll post it as soon as I know that.
akmm, I have to respond to my RFE before Aug 27th but I intend to respond well before that (2nd week). Let's see how it goes.
I am wondering if I should advice my attorney about this permanent position thing?? I am a bit worried because my title is Post Doc Res Associate which they intend to change it to Res Associate before submitting RFE..
Please suggest
 
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