Help, Please!

N

NSCOCT485

Registered Users (C)
I received RFE on 1/31/03. The details as below (exact words):


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 intend to serve the national interest and confirm that you intend to terms and conditions of the underlying I-140 petition.



Has anybody ever seen similar REF? What should I do? I don't think this is a simple employment letter. Do I need to consulting with a lawer on this matter? (I did everything by myself so far).

Please, please share you experience or opinions.


Thank you very much.


My details:

RD: 10/17/2001
ND: 11/18/2001
FP: 05/22/2002
REF: 1/27/2003
 
my opinion

I think you should get current employment letters indicating the same field as that of you I-140. Write a letter saying you plan to devote your energy to the same/similar field as that continues to be your passion, etc. Get a letter from your boss saying similar things.

Can you post your I-140 petition details, such as your field, which center, etc? This is rare for NIW RFE at the 485 stage...
 
Hi!,
There are number of ways to file for immigration, such as employement based, family based and etc. There is another one which is "National Interest Waiver'. This is a category which is rarely applied by employment based immigration applications. However, people with rare skills apply through this channel.
Are you aware that you have applied in this category? if so, you need to show them how rare are your skills, how much you can help economy of the country, recommendation letters from your employers,professors and other organisations. Also any kind of certifications that can prove your mettle.
If not, you have to make sure your I140 is not based on "National Interest Waiver' and talk to your lawyer and INS.
I hope this will help you. Best of luck. Adios.
 
Hi:

I have received the similar RFE from INS on August, 2002 and replied on September, 2002. FYI, my category is EB1-EA (self petioned), RD, ND, December 2000, still waiting for approval.

In my case, I submitted a detailed cover letter stating my accomplishments, present work, and my intention to continue to work in the similar field as mentioned in my I-140 application, including all the supporting documents as I did with my I-140. (Pl. note, the documents I have submitted are all new, that I have received after my I-140 approval, such as, conference/journal papers, review of papers, awards, honorary membership, recommendation letters, etc. etc). I didn't submit employment letter from my present employer, since INS didn't ask for it and also for this category, no job offer is required. (I did submit my employment letter earlier with my I-485 application package, as well as, with my finger print yellow form.)

I just wanted to share this with you. I hope this helps. However, please do not hesitate to contact a lawyer, if you feel the need.

Good luck !!

Tulu Nine.
 
tulu nine:

You scared me to shit in my pants if not to death by checking your previous postings.

I had exactly the same path as yours: I-140 (EB1_EA ) at TSC and then I-485 at NSC. But my ND is in 2002. I don't want to follow your steps any more. Please do not forget to post your approval here when it comes. No mood to continue my writing.
 
NSCOCT485:

Could you please post your I-140 petition details, such as your field, which service center, etc? This is frustrating at the 485 stage.
 
Does NIW I485 always go with RFE???

I heard that couple of EB1 and EB2 cases which do not need a LC (such as NIW) always goes smoothly as long as I-140 passes with no problem. My friend's I-140 NIW case has been denied and then he won the appeal (amazing story I guess). He filed I485 (NSC) around Oct.~Nov. 2001 and waiting for his approval.
According to above sayings, will he get RFE like NSCOCT485
got??? Even they passed I-140 with lots of documents that my friends prepared before??
I am kinda worried because I am in the middle of preparing my NIW case (since I got here and read the threads)
Can anyone please give us a clear idea about this issue??
Appreciate it.

GoodCook
 
Goodcook, Rolling Hills,tulu nine, lincoln, Victor_India

thank you all for the valuable input. My area is biomedical research. I will let you guys know what I am going to submitt later on, since I am working on this right now.

Thanks again.
 
Goodcook, Rolling Hills,tulu nine, lincoln, Victor_India

thank you all for the valuable input. My area is biomedical research. I will let you guys know what I am going to submitt later on, since I am working on this right now.

Thanks again.
 
NIW cases

Hi Friends,

It may be better for us to maintain a NIW case histories at I-485 stage.....

My details;

EB2/NIW
At I-140 stage, I have received RFE. I rplied with tons of documents. With that reply NSC-INS accepted.

I think those RFEs posting now are from other INS centers where they got I-140 acceptance.....but applied I-485 at NSC....

Please post RFE receivers of NIWs... I appreciate your reposponse.....Thanks

My I-485 details:
RD: 2/02
ND: 3/02
FD: 4/02
 
EB1-EAs and NIWs:

You guys are self-sponsored, and EB2, EB3, and EB1-OR are employer-sponsored. NSC requests a current employment letter for EB2, EB3, and EB1-OR because they are employer-sponsored.

You guys are not employer-sponsored, so NSC finds another way to toture you: rewording your I-140 documents to prove something they need.
 
Hi Hills,

That is right....NIWs are self sponsored....but all the evidence they need now at I-485 stage is that whether I-140/NIW person has achieved something/or continuing in the same area...Since NIWs are not required for job offer, INS is aksing a different way for employment that helps US economy....

I know earlier NSC did not ask RFEs for NIWs at I-485 stage....so now they decided to ask RFE in a different manner...
 
Reddi 485, R Hills, thank you for your input.

I do think I need an emp letter. In addition, as Reddi said, they want you to show the continous work in the same area. Evidence such as publications after I140 approval should be ok.

That is what I am thinking.\

How about that.
 
one more thing need to be added here for Reddi 485,

My 140 and 485 are both at NSC, never change my job.

I will let you know my result, don't worry.
 
NIW request

Hi NSCOCT485,

Thanks for your reply. OK It seems to me, INS is asking a kind of continuation of employment in the same area since we applied for NIW (which does not require job offer but without job how can we accomplish national interest). This request is resembles the employment letter of other EB categories...

May I know where about you? or your personal email add. or your telephone number. My email add: VAKA@LAMAR.COLOSTATE.EDU. Please keep in touch. We never know what we need each other regarding INS problems...

I think you submit publications that you obtained after I-140 acceptance. I think that is sufficient. But you may send also the Prinicipal investigator's letter too.

Please respond and keep in touch.. Thanks a lot.
 
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