I-485 RFE and NIW:permanent letter of employment requested

T

texxy10

New Member
I got a RFE for a permanent letter of employment from employer for my I-485. I have an approved I-140 based on NIW. I thought NIW does not require permanent employment offer. Pls comment why they asking NIW for letter of permanent employer since my I-140 is not filed by my employer.
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My stats
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Filed with Nebraska SC
NIW I-140 concurrently with I-485 filed Aug. 30, 2005
NIW Ap in 2 weeks, approved sept. 14, 2005.
Fingerprinted Oct. 1, 2005
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RFE I-485 received November 24, 2005
I quote-
"Submit a currently dated letter from your prospective permanent employer describing your present job duties and position in the organization, your proferred position ( if different from your current one) and the offered salary. The letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition continue to exist."
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Current job- Postdoctoral research associate.
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I think they just want to be sure that I am carrying out the type of research that I based my NIW on. WHAT DO YOU THINK? I did not expect that NIW approved will be asked for letter of permanent employment.
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Action taken: Obtained letter from my boss who hired and requested that permanent job is used to describe my current research associate position.
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Current Status: Awaiting decision on RFE response. Will inform forum of final decision. Thank you all.
 
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share info!

Please share your stats...when and where (service center) you applied? when you got approved? which country?
Thanks,
 
Hey,
do you have a job or you don't? which status are you in? I mean H1 or F1?
I am F1 and have I140 in NIW appoved fromTSC. They are asking about just the offer letter or real paystubs?
 
I have NIW and I attached employment letter, I think it is a routine, they try make sure you work within skills listed on NIW.
Just get a letter from your employer saying your job is 'permanent'. If you have an employer you can get it, you are maybe in trouble only if you are a postdoc, even then you can switch to 'research associate', at least on paper, with same money. Some of my friends did so.
You are in real trouble only if you have no job at all, they then may ask - why no job, if you are so good to get your NIW I-140 approved?
 
I do not need any upgrade, my approval is not happening due to pending background check (PD is current)...
 
hey,
why there would be any problem if he is in postdoc position? Anyway he can get letter from his professor or university stating about empolyment.
Another question, does employment letter state your skills? If not how would they know that you are working in the same area as shown in I-140?
 
texxy10 said:
I got a RFE for a permanent letter of employment from employer for my I-485. I have an approploved I-140 based on NIW. I thought NIW does not require permanent emyment offer. Pls comment why they asking NIW for letter of permanent employer since my I-140 is not filed by my employer.
Click to expand...
Hi texxy10,
This sounds very frightening to me. I know that NiW is self-petitioned, so why do they ask for any letter from your employer?? Could you tell whether you included any letter of employment when you submitted all the docs for I-485?
 
I-485 RFE and NIW:permanent letter of employment requested-My stats

My stats
=========
Filed with Nebraska SC
NIW I-140 concurrently with I-485 filed Aug. 30, 2005
NIW Ap in 2 weeks, approved sept. 14, 2005.
Fingerprinted Oct. 1, 2005
-----
RFE I-485 received November 24, 2005
I quote-
"Submit a currently dated letter from your prospective permanent employer describing your present job duties and position in the organization, your proferred position ( if different from your current one) and the offered salary. The letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition continue to exist."
-----
Current job- Postdoctoral research associate.
-----
I think they just want to be sure that I am carrying out the type of research that I based my NIW on. WHAT DO YOU THINK? I did not expect that NIW approved will be asked for letter of permanent employment.
------
Action taken: Obtained letter from my boss who hired and requested that permanent job is used to describe my current research associate position.
-----
Current Status: Awaiting decision on RFE response. Will inform forum of final decision. Thank you all.
 
I beleive this was EVL(Employment verification) RFE for I-485 and not for NIW!!!Strange thing for NIW!!!!! but we need to give them whatever they want!!! All teh best for your case!!!
 
texxy10, please answer! Did you submit your letter of employment along with other documents previously, when you applied for I-140/I-485? Or not?

This case looks very strange for me at the moment. You have NIW approved. This is a self-petitioned case. Nobody can prevent you now from leaving your current employer and starting a career as a self-employer (in the same field of research), which means that you can write and sign such letter of employment yourself. For example, you can say that now you are a freelance research associate working in your own lab for the US national interests. Am I right?
 
hey pwd2005,
You sound almost right.. you can open your consultancy service. But only problem which I see in this case supose I 485 interview occurs and they ask for paystubs or w2 form and you did not get any clients and have no income then what happens?
 
I did NOT include any letter of employment with the package that was filed in August '05. NIW was filed with the help of an immigration attorney. I assumed my attorney did not request the letter of employment because it was an NIW case and I got NIW approval. Maybe if there was a letter of employment made available to INS with the original concurent submission, maybe there would have been no RFE. Maybe... Even though I currently have a postdoc res. assoc. position, I was still caught by surprise by the demand for letter of permanent employment. Overall, I think they want to make sure that even approved NIW are engaged in the work they proposed they will be doing. So I sent back an employment verification letter written by my boss at work.
Awaiting INS decision.........

Last update on I-485 was 01/09/205: RFE reply received at Nebraska.
 
Hi,
One more problem which I could see is when you are sponsoring any dependents. In that case one needs to show income above povertylines for atleast three years. If you are not earning that much because of just established company then there is problem showing that much money in bank accounts. In that case your dependent's visa may get denied.How to handle this situation? Also what would be dependents status in that case? May be you are approved but your dependent fails.

Also I have one question regarding I-134 form filing. If you are self employed where can I get the report for "commmercial rating concern"?

Your suggestions and comments are appreciated.
 
Curent Update

I-485 case transferred to local office - February 2006
Interview date notice - april 2006
GC Inteview- May 09, 2006
Case Approved- May 09, 2006
Passport stamped with temp permanent resident until arrival of card in mail.
Card good for 10 years.
TOTAL PROCESSING TIME FROM I140/I485 APPLICATION TO GC STAMP: AUGUST 30, 2005 TO MAY 09, 2006 - 81/2 MONTHS

THANK YOU ALL YOUR SUGGESTIONS AND ADVICE DURING THIS PROCESS. WISH EVERYONE GOOD LUCK!!! :cool: :)
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Papers Filed with Nebraska SC.
NIW I-140 concurrently with I-485 filed Aug. 30, 2005
NIW Ap in 2 weeks, approved sept. 14, 2005.
Fingerprinted Oct. 1, 2005
 
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