Need urgent help regarding EB2 application

D

Drquilter

Registered Users (C)
My I-I40 was approved in May of '05 and we submitted all the docs for the I-485 in July '05. Now I get a notice saying that 'the documentation submitted is not sufficient to warrant favorable consideration of my petition' and that I need to submit additional evidence and that 'if the evidence does not establish that my case was approvable at the time it was filed, it can be denied'. What they want is evidence that "I 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 carry out the terms and conditions of the underlying I-140 petition".

Do you guys think a letter from my employer explaining that my position is permanent, plus a cover letter from me describing my intent to continue in this line of work will suffice? Or do I need other evidence (like my recent paper in Nature as a first author), plus evidence that I am continuing in this line of work - presentations to meetings, letters from collaborators.

Do I need to hire a lawyer?

I am totally depressed and surprised, I thougth after the I-140 was approved it was pretty much a burocratic issue. Does this mean that my and my husband's 'permanent' residency (if we get it approved) are always going to depend on my continued work in this line of research? What happens if I lose my job, for example, or if I change research topic?
 
Thanks a lot for your quick response. So I guess you are saying that I have to demonstrate that I am indeed still working in this field and intend to keep doing it, plus publications/presentations/letters from collaborators.

I keep thinking it might be because I am technically a postdoc and therefore there is no guarantee I will be able to keep working in this topic. My boss has offered me a permanent position for the next 5 years. I expect getting a letter from him stating that might help. I am worried now because my visa expires in Dec. and I didn't file Employment authorization because I figured I wouldn't need it after the I-i40 was aproved.

I think I am going to hire a lawyer because I don't want to screw up by doing it myself and messing up at this point in time. I have already contacted two people I know that will reccomend a good one (I really hated the lawyers that prepared the I-140 for us and since I thought the I-485 was easy to get we did it ourselves. Of course none of the documents we sent had anything to do with what they are asking now! It looks like they changed their mind about the I-140 aproval, don't you think? Would you contact your representative? Ours has a very good record with helping immigrants.

It is the Nebraska Center. I got an email notice first but today I received the paper letter. I have double Italian and Uruguayan citizenship. I am not sure what you mean with the priority date? And no, I didn't use EAD, I am still under my H1B visa.
 
Yes, the field I am working now is the same, I am following up on the work I was doing when I applied, but I am also doing another project that uses the same method but in another organism (I am a biologist). I wondered whether my NIW was approved because of the fact I was working in a pathogen that causes human disease, and if I am obliged to stick to that in my future work to keep my 'permanten' residency (if they aprove it after I send this evidence). I am not sure how 'tight' their concept of the field being the same is.

Thanks for your advice again.
 
Dear NIW Nov 04, I have to say you are making me feel much better about this. I gather from your responses that it is not so unusual to get these requests for further evidence before your petition is aproved. I have to say it caught me totally off guard. Maybe naively I thought it was a done deal after they approved the I-140. I will hire a good lawyer as you say to make sure the evidence I submit covers all bases, and hope for the best.

In the meantime I am going to file an employment authorization since it doesn't look this will be solved before the end of the year when my visa runs out.
 
Thanks again, I didnt' know that, but it certainly sounds like a much better option, especially because it allows you to travel without the advanced parole. I will enquire at the University to see how to best handle this. To tell you the truth, right now I feel like my I-140 has been 'disaproved' after being aproved a year ago...

Since posting here yesterday and in large part due to your advice, I have been coming up in my mind with a list of evidence and a draft letter that is sounding more and more convincing (and reassuring to myself!).

I also read around this forum and saw that some people say their attorneys have adviced them that a letter from your employer stating you are still in the same job is sufficient. I guess that as far as they know I could be anywhere by now, since I originally filed in 5/03, and this is 3 years later!

By the way, do you know if there is a way to find in the internet other letters people have used in my circumstances? I am wondering in particular how to address the part that says 'this evidence shall specify how you intend to serve the national interest and confirm that you intend to carry out the terms and conditions of the underlying I-140 petition'. I am not sure what they mean by this last part ... maybe what I need to do is consult with an immigration attorney, paying them by the hour...
 
I'd like to know as well!

I wonder if it is because I applied in Dec. 03 and now it is May '06 and basically they are asking for proof that I am still conducting this research. That would make sense.

Or it could be that when I filed the I-485 for myself and my husband (who is also a researcher but we just applied for one I-140 since I could get better letters because of the caliber of my collaborators) I did not include proof of financial support since this is not listed in the I-485 instructions. However after I got this RFE I did some online research and found a very useful page reccomended by this forum () that lists this as something you should provide with the I-485. After my I-140 was aproved I fired my lawyers because they kept asking me for money after the fact, having done nothing since the filing, and we did the Adjustment of Status ourselves since it just looked like a lot of form filling. Now I wonder if that was a mistake.

What I didn't provide either is an affidavit of financial support for my husband (I don't think my daughter counts for this since she is an american citizen by birth) and I am not sure if I should provide that now, even if they did not ask for it, or wait until they ask for it to aprove his case, making this take even longer!

I have a lawyer now (a family friend who shouldn't try to screw me like the previous guys who I almost reported to the board) who is going to assist me in replying to the RFE (faxed it to her yesterday) and I'll make sure I ask why they might have issued this. She said that Nebraska is very difficult (she usually works with Vermont) and the letter should have specific wording to be effective.

I'll keep you informed

DrQuilter
concurrent EB1&EB2/NIW submitted 12/03 (Nebraska)
EB1 denied (long shot!)
EB2/NIW approved 5/05
I-485 submitted 7/05 (myself and spouse)
Biometrics code 2 done 4/06 (both)
RFE for me 5/06 - IAP66 (J1 in '93) and 'continued engagement in NIW field'
 
Have you placed an employment letter along with I485 package. The employment letter should say that your job is permanent with ...payment. Also, the affidavit is important for the spouse. But that cannot be the reason for this RFE. I wonder it is the employment letter? 2003 applied and 2006 approved doesnot make a difference. The USCIS officers have all information about your jobs.

And also I think you should include your daughter's name in the form even if US citizen. Just my thought.
 
You are right, the two documents they are requesting are things I forgot to include with the I-485. Tells me I screwed up and this is probably because I decided to do it without an attorney because I had had such a bad experience with my I-140 application with them, but also that I should be OK just sending the docs they request. Like the Director for International Services at the University told me, there is probably some guy in the USCIS office wanting to approve this as much as I want to get it off his desk, since the I-140 was approved and all, but they have a checklist and they cannot tick these two items off because I forgot to supply them with them.
 
is this officially RFE of I-485?
if yes then EVL is very common RFE

I guess this not big issue!
don't worry about it!
they just want to reconfirm that you are still engage in NIW research
if you are then you are fine.
1.submit letters from boss/university/dean/ stating that you continue to do same research relate dto NIW
2.Also, submit evidences such as papers/presentations etc reflecting the input.
3. The rule says you need to be engage in NIW 180 days of i-140 approval but some escape even after day 1 and still USCIS don't bother them...some don't it is good idea to go by rule...you are fine
 
eldhon said:
Have you placed an employment letter along with I485 package. The employment letter should say that your job is permanent with ...payment. Also, the affidavit is important for the spouse. But that cannot be the reason for this RFE. I wonder it is the employment letter? 2003 applied and 2006 approved doesnot make a difference. The USCIS officers have all information about your jobs.

And also I think you should include your daughter's name in the form even if US citizen. Just my thought.
Click to expand...

i beleive i missed this thread earlier

EVL important document for I-485 guys....they will probably not care about the position being permanent or not but surely will look out for statements like "continued employement etc etc".

affidavit o fsupport is not that important!
 
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