I140-RFE-help needed

S

supercond

Registered Users (C)
Hi, Friends:

I need help from you guys.

I received the RFE for my I-140 (EB1B-OR). The details RFE:"submit a letter offering the alien a tenured or tenuew track teaching
positiion or a permanent research position in the alien's academic
field......". I am in the Univerisity. Anyone has the similar experience of responding such RFE? What kind of content shall the response letter cover and what additional materials should the University provide?

Any information and sample documents will be highly appreciated.
 
More details ...

Hi Supercond,
Could you please provide more details? What is your current position (tenure-track position within a university, a researcher, a postdoctoral position)? Although I had no RFE I can share my experience on this subject. I am a researcher at university and my I-140 was approved recently.
 
Hi, Streamflow:

My title is "Assistant Scientist" and nature of the position is:"Fixed term renewable". And, it is expected the position can be renewed indifinately....

Thanks
 
A permanent position with no fixed term

Supercond,
I think that my position is very similar. My title is ‘Research Associate’. Of course my position is not a permanent one in nature, but my job offer was written using a ‘correct language’. I think that you need to re-write a job offer using appropriate language. I believe that a problem is in the formulation ‘Fixed term renewable’ position. You should claim that you have a permanent full-time research position. I had two letters, one from the University’s Office of the Vice Chancellor for Research and one from my University’s Department. They state that Dr. ‘Streamflow’ is offered “a full time, research position“, and “This is a permanent position with no fixed term“. These documents also describe my title, duties of the job, and salary. The letter signed by the University’s Vice Chancellor also indicates that Dr. ‘Streamflow’ is considered as an outstanding researcher and “he has performed exceptionally well in the position”. I also had an ‘Employment verification letter’ from my current employer (University’s Department) and two from my previous employers to proof my research experience in the field. Employment verification letter from the University’s Department also indicates that "Dr. ‘Streamflow’ has been employed full time at the University of ... since MM DD, YYYY.”

You also can find an example of a job offer for EB1-OR here: http://www.hooyou.com/eb-1/sample_or.html. I also recommend a paper ‘Current Trends in EB-1-2 Outstanding Researcher Cases’ (http://www.twmlaw.com/new/eb1_2.html). There is a lot of useful information there. Let me know if you have more questions. Good luck.
 
Here is how I responded

May 17, 2005

U.S. Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 82521
Lincoln, NE 68501

Re: Immigrant Petition for Srikanth Siva
File No. LIN-05-015-XXXXX

Dear Sir or Madam:

This will confirm the University’s offer of employment to Srikanth Siva in the position of Instructor, Computer Science. This position is permanent and full-time and the University seeks Mr. Siva’s services to fill the position. The yearly salary is $XXXXX.

All of the terms of the employment petition filed for Mr. Siva continue to exist.

Sincerely,


Signature of Dean and title
*************************


And it was approved within 5 business days. Dont worry, this is a very simple RFE.
 
Thank you guys!

Hi, Streamflow and SrikanthSiva:

Thank you so much for the very helpful replies! That "fixed-term renewable" is defined by the University and the Univerisity filed the I-140. Looks to me: there is no way that we can skip "fixed term renewable" in the response letter to USCIS. The University will have to state that "fixed term renewable" again.

Some office suggest to cover "the past, current and future funding status in our department" in the response letter. Would that be good?

That is very tough......

Any further suggestions?

Thank you all very much!

Supercond
 
My suggestion

Try to avoid : fixed-term renewable

The INS might not understand this...eventhough we are full time, they might think this is a contract type position.

My lawyer drafted this letter and just gave the Dean/chair of the university to sign it. Make sure it is printed on the university letter head as well.

Hope this helps
 
It’s a tricky point

srikanthsiva said:
Dont worry, this is a very simple RFE.
Click to expand...
Srikanth Siva,
You are right this is a very simple RFE but it is very difficult to get a right letter with the ‘magic’ text: “this is a full time permanent position with no fixed term.” A research position at university usually is a semi-permanent one and it is based on ‘soft’ money (grants, programs etc.) In fact this is renewable position although may last indefinitely. For this reason, getting a right letter from university is a very tricky issue. Several my friends who failed to get such letter, filled EB1-1 (‘Alien of extraordinary ability’) or EB2-NIW petitions rather than EB1-2 (EB1-OR). You should know that EB1-1 and EB2-NIW don’t require a ‘permanent job offer’ (and a labor certification too).
 
Try to get another letter

supercond said:
Looks to me: there is no way that we can skip "fixed term renewable" in the response letter to USCIS. The University will have to state that "fixed term renewable" again.
Click to expand...
Supercond,

Theoretically a letter posted by Srikanth Siva is fine. You need just to add a paragraph that this position requires outstanding research (or something like that). For example, “Dr. ‘Supercond’ is considered by those he works with to be an outstanding researcher ...” or “Dr. ‘Supercond’ was awarded this position since he is an outstanding researcher and an internationally recognized expert in the world.” This is because you file EB1-OR.

If it is impossible to get such ‘straightforward letter’, try to get a letter which satisfies both USCIS and your university (a ‘tricky letter’). I agree with Srikanth Siva: try to avoid “fixed-term renewable” phrase. Don’t ask your university to write a new letter. In contrast to this, draft a letter by yourself and just ask to sign. First try to get a ‘straightforward’ letter (posted by Srikanth Siva + my comment). Try to get a letter at your division level rather than at your university level (or vise versa). Explain your situation to your boss, Dean etc. I mentioned yesterday that I had two letters, one from my division (‘straightforward letter’) and another from the university (a ‘tricky letter’).
 
Hi, Streamflow:

My department and the Univerisity will each write a letter. And the University will send the two letters together as response to USCIS. I will keep you and other friends from this forum posted.

I appreciate all of your great help!

Best wishes
 
supercond said:
My department and the Univerisity will each write a letter. And the University will send the two letters together as response to USCIS. I will keep you and other friends from this forum posted.
Click to expand...
Thank you supercond and good luck with your RFE.
 
You must log in or register to reply here.
Top