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approve1gc

Registered Users (C)
I need help, I have an AOS applied through LC approved 140 but the RFE asked me for completion of 5 years in MUA area.
How do I let the INS know that mine is thru ALC not NIW?Any suggestions
 
I might be naive here, but this should be something fixable in your reply to the RFE.

Write a friendly letter explaining your suprise about receiving this RFE and that you believe that it must be an oversight on the side of the Agency. Explain that you didn't apply under USC X.XX.xxx (the physicians NIW) but rather under USC X.XX.xxy (the regular LC based I140). Put a copy of your approved LC as well as the approval of your I140 into the reply and refer to them in your letter.
 
Hadron

The RFE comes with a Yellow Cover letter with Bold letters placing the NIW ALIEN PHYSICIAN on it and says that all evidence must be attached with this letter.This must be something new they are doing with NIW , Thanks a lot
 
Yes, Obviously they have made an error. These guys have something like 10 minutes to process a I485, the guy saw physician and threw it into the NIW RFE pile.
Maybe you would want to get a lawyer to respond to this. I don't think it will be a problem, you are not required to serve in a MUA and that is the end of it.
 
Thanks Hadron,

I had J-1 earlier but finished my waiver with 3 years serving in MUA.
I think they have made an error.Hopefully it will be fixed soon.
 
RFE asking for NIW (for ALC based I-485)

approve1gc said:
The RFE comes with a Yellow Cover letter with Bold letters placing the NIW ALIEN PHYSICIAN on it and says that all evidence must be attached with this letter.This must be something new they are doing with NIW , Thanks a lot

i think NSC was the one that started issueing these pink/yellow labels on top of the NIW petitions. what service center is yours?
hadron is right ... the guy at USCIS saw your prior J1, J1 waiver and thought you were using NIW.
a reply should fix it.
.
 
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