NIW 485 RFE please suggest

M

MGGK

Registered Users (C)
My NIW I-140 was approved when was a postdoc in a university and now working as a scientist in a different university.

Recently I received RFE on my pending 485 to provide "Documentary evidence which establishes that you continue to be engaged in the occupation that is the basis of your national interest waiver".

As postdoc I was working on 2 main areas (say for e.g. organic and inorganic environmental pollutants) of the same field (e.g. Environmental pollution) and I had presented my research accomplishments in both to get NIW. Now as a scientist I am focusing on only one of the areas (e.g. inorganic pollutants) presented in NIW petition. Since this is a new job, I am bit hesitant to ask my new boss to write a letter to include both the areas in the letter (& I am unlikely to work on other area in this job)...

My question: "is it ok to use employer letter highlighting only one of the areas outlined in NIW, although both the areas were included in NIW".

I am working with an immigration attorney and my attorney thinks it is ok since my research is in same field.

I am bit nervous...please suggets. Thanks in advance.

MGGK
 
MGGK said:
My NIW I-140 was approved when was a postdoc in a university and now working as a scientist in a different university.

Recently I received RFE on my pending 485 to provide "Documentary evidence which establishes that you continue to be engaged in the occupation that is the basis of your national interest waiver".

As postdoc I was working on 2 main areas (say for e.g. organic and inorganic environmental pollutants) of the same field (e.g. Environmental pollution) and I had presented my research accomplishments in both to get NIW. Now as a scientist I am focusing on only one of the areas (e.g. inorganic pollutants) presented in NIW petition. Since this is a new job, I am bit hesitant to ask my new boss to write a letter to include both the areas in the letter (& I am unlikely to work on other area in this job)...

My question: "is it ok to use employer letter highlighting only one of the areas outlined in NIW, although both the areas were included in NIW".

I am working with an immigration attorney and my attorney thinks it is ok since my research is in same field.

I am bit nervous...please suggets. Thanks in advance.

MGGK
Click to expand...

Well when you provide letter as documentary evidence you don't have to go into details of inorganic or organic....go in borad sense.....thumb rule say what "is " not what "is not"..................along with that if possible show them your achaivemnets relating to proposed NIW in thsi job also
like proposed or approved grants or papers or posters or talks
You can also get letters from other people who can corraborate both research problems are similar,.............................
 
You should be fine. In the letter, you could say that you have made signficant contributions to the understanding of environmental pollution. In your current capacity as a research scientist at ..., you are contributing to... inorganic environment pollutants. The officer who is adjudicating is not an expert in your specific area. The fact that you changed job has triggerred the RFE. If you can show you are working in a subset of the main research theme of environmental pollution, you are OK.
You could only run into problem, say for instance, quit your job as postdoc and become a realtor, etc, which has no relevance to your I-140 NIW description.
 
Thanks eb1doc for your suggestions. Like you have suggested along with this letter I am planning to submit statement outlining my future research/plans, latest publications, posters, presentation abstracts etc.

When you say broader sense... do you mean employer says that I am working in the field of "environmental pollution" without going into details? dont I need to provide job description? what do I write in there...

Appreciate your reply.

MGGK
 
eb1doc,
I think AC21 is not applicable for NIW and EB1-EA. These are usually self-petitions and therefore the beneficiary is not tied to a particular employer. He/she has to just continue in the same/similar field after I-140 approval.
 
Thanks 2006gc for comforting e-mail..that is what my attorney told!...I am feeling better now. I am planning to submit a statment outlining my future research plans along the lines you have suggested..

eb1doc thanks for your reply...this was NIW application..so did not file AC21 although I changed job after 6 months from 140/485 RD.

MGGK
 
2006gc said:
eb1doc,
I think AC21 is not applicable for NIW and EB1-EA. These are usually self-petitions and therefore the beneficiary is not tied to a particular employer. He/she has to just continue in the same/similar field after I-140 approval.
Click to expand...

agree! people/lawyer still do that some time

and as 2006gc said "The fact that you changed job has triggerred the RFE"

i wonder how BCIS know about job change which generated such RFE!
 
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MGGK said:
Thanks eb1doc for your suggestions. Like you have suggested along with this letter I am planning to submit statement outlining my future research/plans, latest publications, posters, presentation abstracts etc.

When you say broader sense... do you mean employer says that I am working in the field of "environmental pollution" without going into details? dont I need to provide job description? what do I write in there...

Appreciate your reply.

MGGK
Click to expand...

yes! borader letter from current employer will help
job resposnibilities should be carefully written keep original petition right in front of you when you write that as that is only document officer has when he sees ur RFE reply!
 
eb1doc thanks for your reply.

This RFE is also due to not including medical at the time of filing...I was expecting the RFE...I guess USCIS might have noticed job change because I filed AR 11 indicating address change (viz a must) and finger printing in new place.

MGGK
 
MGGK said:
eb1doc thanks for your reply.

This RFE is also due to not including medical at the time of filing...I was expecting the RFE...I guess USCIS might have noticed job change because I filed AR 11 indicating address change (viz a must) and finger printing in new place.

MGGK
Click to expand...

AR11 .........concering different city .........yup i can guess ....did you get medical RFE too????
 
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