HELP please! I485 RFE-NSC (letter included)

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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.
 
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.
Click to expand...


Point 1 is very easy part of RFE

point 2 looks like asking for EVL . if you are engage in similar kinda (even in broad sense) research then you are fine

all the best!!
 
eb1doc said:
Point 1 is very easy part of RFE

point 2 looks like asking for EVL . if you are engage in similar kinda (even in broad sense) research then you are fine

all the best!!
Click to expand...
Thank you very much for your reply, eb1doc and sertra2002. They comfort me a lot.

eb1doc and sertra2002, you are gurus from your numerous posts. Could you please advise what kind of letters/documents would be useful for the point 2 of my RFE? Both my current and previous jobs are in semiconducotr/microelectronics area although they are not exactly the same. Thank you very much in advance.

With all the best wishes!!
 
REE replied

I mailed my RFE response out last week. Below are what I prepared for the RFE (hope this is helpful to those who may get similar RFE in the future):

For part 1, I sent out whatever I have: all I-94, all EAD, all I-797, all I-20, and all my passport pages with visa stamps and identity info.

For part 2, which is the more difficultone, I prepared:

1. Two reference letters testifying I am doing research work in the same field on which my NIW was based, one from a manager of my current company and one from a colleague of my previous employer.
2. A response letter with a separate Future Plan section to describe my plan to conduct research work in the future per the terms and conditions in my NIW petition.

I do not knwo if these are enough but certainly hope they are. I also got employment verification letter (EVL) but did send it out since 1) RFE does not specificaly ask for it 2) the reference letter from my current employer and I-94 suggest my employement status and 3) the standard EVL format I got is so simple and looks useless to me.

Best wishes to us all. I will keep you posted - painful waiting started already...

Hao
 
Weird RFE on I-485

My RFE Says:
****************
The petioning employer stated on form I-140 that you would be employed in their <XXX City>, <XX State> location. Yet your form G-325 Biographic Information Form shows that you have never resided in <XXX City>, <XX State> . Please explain the descrepancy.
*****************

I do work for the petioning employer but at different location since the day my labor was applied. I believe this situation is a very common for most of the consulting companies.

Since the GC is for a future job and that one doesn't need to report to
the employer or job location until 485 gets approved.

Did any one get a similar RFE? If yes, how was it answered?

Thanks in advance,
dwd123
 
Last edited by a moderator:
my 2cents

dwd123,

I guess you just need a letter stating why there is a discreption and convince USCIS the I-140 your 485 based is still valid.

You may also ask other gurus for ideas.

Good luck
 
dwd
you are better off asking this question in a separate thread. you can expect more replies then.

dwd123 said:
My RFE Says:
****************
The petioning employer stated on form I-140 that you would be employed in their <XXX City>, <XX State> location. Yet your form G-325 Biographic Information Form shows that you have never resided in <XXX City>, <XX State> . Please explain the descrepancy.
*****************

I do work for the petioning employer but at different location since the day my labor was applied. I believe this situation is a very common for most of the consulting companies.

Since the GC is for a future job and that one doesn't need to report to
the employer or job location until 485 gets approved.

Did any one get a similar RFE? If yes, how was it answered?

Thanks in advance,
dwd123
Click to expand...
 
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