I-485 RFE (NIW), suggestions please!

P

puma2012NIW

Registered Users (C)
I submitted my I-140 (NIW) and I-485 last September. My I-140 got approved two months ago and I got I-485 RFE this week.

The following is the detail in the I-485 RFE letter. It looks they request a job offer. But I did send a copy of employment letter to them last year. Any suggestions will be welcome.

"You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This 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 (or labor certification) continue to exist."
 
puma2012NIW said:
I submitted my I-140 (NIW) and I-485 last September. My I-140 got approved two months ago and I got I-485 RFE this week.

The following is the detail in the I-485 RFE letter. It looks they request a job offer. But I did send a copy of employment letter to them last year. Any suggestions will be welcome.

"You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This 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 (or labor certification) continue to exist."
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HI PUMA,

I have not received any RFE for my I-485 so far but my I-140 got approved on March 1, 2006. See below my details. Try to get a letter from your Boss and administration/HR. I do not think this is a serious problem. You send the letter again and probably USCIS wants to see whether you are in the same field or you have changed.

Good luck
 
puma2012NIW said:
I submitted my I-140 (NIW) and I-485 last September. My I-140 got approved two months ago and I got I-485 RFE this week.

The following is the detail in the I-485 RFE letter. It looks they request a job offer. But I did send a copy of employment letter to them last year. Any suggestions will be welcome.

"You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This 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 (or labor certification) continue to exist."
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Quite surprsing to get such letter RFE for NIW
I guess you just have to provide one
I agree its simple RFE
just get a
1. current date letter
2. submit old offer letter
from HR/boss and / or chairman
cover all issues asked in the letters!
u will be fine!!!
 
Do you need a job offer for NIW

I am surprised see such a RFE, NIW is an independent application, doesn't require a job offer, is based on your work and abilities, so why should they ask for a letter of that sort? is more similar to the EB1 OR, any way si strange with USCIS, they can ask anything at anytime!!!!!!!!!!!!!
 
goo_y,

There is nothing surprising here at all. This is becuase NIW (EB2) in an employment based application. Hence job offer is definitely required. It is a simple and straightforward RFE and one should simply request his employer to write a letter certifying that one has a full time job and wishes to continue support and request USCIS to expedite I-485 approval.

Best,
 
GC is for future employment..............moreover, NIW does not require any job offer. For NIW-US, USCIS generally checks just one's employment.
 
I received a similar RFE

puma2012NIW said:
I submitted my I-140 (NIW) and I-485 last September. My I-140 got approved two months ago and I got I-485 RFE this week.

The following is the detail in the I-485 RFE letter. It looks they request a job offer. But I did send a copy of employment letter to them last year. Any suggestions will be welcome.

"You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This 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 (or labor certification) continue to exist."
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Puma2012NIW,

I received a similar RFE about a month ago (EB2-NIW; NSC; I-485 RD: August 2005). USCIS asked me to (a) provide a currently dated employment letter and (b) to prove that I continue to work in the same field as I got my I-140 approved.

In answering the RFE (a), I obtained an employment verification letter from the department chair in which he described job duties, salary, and employment start date. You need to clearly say in the letter that you have been working in the same field of national interest since you filed your I-140 or even after I-140 approval.

Good luck!
 
Freemann said:
Puma2012NIW,

I received a similar RFE about a month ago (EB2-NIW; NSC; I-485 RD: August 2005). USCIS asked me to (a) provide a currently dated employment letter and (b) to prove that I continue to work in the same field as I got my I-140 approved.

In answering the RFE (a), I obtained an employment verification letter from the department chair in which he described job duties, salary, and employment start date. You need to clearly say in the letter that you have been working in the same field of national interest since you filed your I-140 or even after I-140 approval.

Good luck!
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Hi Freemann,

In your Employment Verification Letter, did it say you held a permanent job? thanks
 
puma2012NIW said:
Hi Freemann,

In your Employment Verification Letter, did it say you held a permanent job? thanks
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Permanent job is prerequisite for Eb1-OR...but if you have fun for thsi case it will help...if you don't ..i guess it will not harm!
 
puma2012NIW said:
I submitted my I-140 (NIW) and I-485 last September. My I-140 got approved two months ago and I got I-485 RFE this week.

The following is the detail in the I-485 RFE letter. It looks they request a job offer. But I did send a copy of employment letter to them last year. Any suggestions will be welcome.

"You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This 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 (or labor certification) continue to exist."
Click to expand...

Hi puma,

How long your H-1B is valid? The reason is if your H-1B is going to be expired soon USCIS might think that you might switch over or you have switched over to a different job. To make sure that you are still in the same field USCIS likes to know your employment details. That is what I think. If this reason is true then I should also get similar RFE by next year this time provided my 485 is not adjudicated by then (my H-1 B is valid till Nov. 2007).
 
No mention of permanent

puma2012NIW said:
Hi Freemann,

In your Employment Verification Letter, did it say you held a permanent job? thanks
Click to expand...

puma2012NIW,

My employment verification letter did not mention the word "permanent" simply because I do not have a permanent job (PJ) now. As some people suggested earlier in this forum, NIW applicants do not need to have a "PJ". My case was approved yesterday.

In your reply to RFE, it is very important to stress that you contiunue to work in the area of National Interest. As an evidence to prove this point, you should include couple of recommendation letters from your current employer emphasizing that you have worked and will continue to work in the area of National Interest.

Good luck!
 
Freemann said:
puma2012NIW,

My employment verification letter did not mention the word "permanent" simply because I do not have a permanent job (PJ) now. As some people suggested earlier in this forum, NIW applicants do not need to have a "PJ". My case was approved yesterday.

In your reply to RFE, it is very important to stress that you contiunue to work in the area of National Interest. As an evidence to prove this point, you should include couple of recommendation letters from your current employer emphasizing that you have worked and will continue to work in the area of National Interest.

Good luck!
Click to expand...


Hi Freemann,

Congratulations for your I-485 approval. Is your PD (priority date) current?

Which one is better if the employment letter is from the Human Rescources of our medical center or from the Chair of the Department?

thanks
 
either or both

puma2012NIW,

My PD was current when USCIS approved my case (EB-2 NIW; worldwide; NSC; I-485 RD: August 2005).

I got the EVL from the chair of the department where I work. You could also get another one from Human Resources (HR): The one from the department would be good for describing your job duties, and the other one from HR would be good for specifically mentioning salary and/or terms of employment.

As eb1-doc suggested, the letter does not need to include the term "permanent" for NIW applicant like you. But if you could pursuade some one to type the word "permanent" somewhere in the EVL, that should be fine. Good luck!
 
Freemann said:
puma2012NIW,

My PD was current when USCIS approved my case (EB-2 NIW; worldwide; NSC; I-485 RD: August 2005).

I got the EVL from the chair of the department where I work. You could also get another one from Human Resources (HR): The one from the department would be good for describing your job duties, and the other one from HR would be good for specifically mentioning salary and/or terms of employment.

As eb1-doc suggested, the letter does not need to include the term "permanent" for NIW applicant like you. But if you could pursuade some one to type the word "permanent" somewhere in the EVL, that should be fine. Good luck!
Click to expand...


Hi Freemann,

Thanks for your suggestion. Do you think postdoctoral research fellow is a permanent position?
 
postdoc position

puma2012NIW,

A postdoc position is normally not considered a permanent position. That is exactly why I could not apply for a EB1-OR based I-140. Instead I used EB-2 NIW. This guideline may not be strict and may depend on the university.

As you have already applied for I-485 and you are dealing with RFE, I stronly suggest that you post your questions on another subforum: I-485 issues > General Issues or I-485 issues > NSC (if your center is Nebraska). This way you would have more information that help you deal with RFE.

Of course I would be more than happy to answer any questions you might have. Take care!
 
Freemann said:
puma2012NIW,

A postdoc position is normally not considered a permanent position. That is exactly why I could not apply for a EB1-OR based I-140. Instead I used EB-2 NIW. This guideline may not be strict and may depend on the university.

As you have already applied for I-485 and you are dealing with RFE, I stronly suggest that you post your questions on another subforum: I-485 issues > General Issues or I-485 issues > NSC (if your center is Nebraska). This way you would have more information that help you deal with RFE.

Of course I would be more than happy to answer any questions you might have. Take care!
Click to expand...

Thanks!
 
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