Nsc Eb1-or Rfe

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pamit73

Registered Users (C)
Got an email from NSC that an RFE was issued on my case. Going by the trend over the past few weeks, I think it should be about "permanent position". I hope that is it and nothing else.

I am a scientist at a University. Depending on what the RFE specifically asks for, I am considering sending in letters from everyone, boss, chair, dean, HR, etc., stating that my current position is "permanent".

I will keep you all posted as I receive the actual RFE letter. Hope all of you will be kind enough to share your experiences and advice.

Could NSC EB1-ORs who have received RFEs please post their adjudicating officer initials/codes. Thats the code located at the bottom of the first page on the RFE.
 
I am sure you are following my thread on RFE
As per my lawyers the said letters should ensure approval but ......
I had thsi question that even if teh RFE is about permanent position shall we send any other document related to our outstanding criteria like additional papers, presentations etc etc..........
 
RFE Recd.

Guys,

Received my actual RFE letter today. It only asks for a permanent job offer letter. This is what it says -

"Submit a letter offering the beneficiary a tenured or tenured-track teaching position, or a permanent offer of employment to conduct research in his academic field. It is expected that all concerned parties, including the chancellor and the beneficiary, will sign the letter that you submit, as necessary. It is also expected that the submitted letter will identify the beneficiary's expected rate of compensation and any factors that might necessitate the termination of the employment relationship."

RFE issued by NSC/NQK EX380.

My original petition only included a letter from department chair to NSC stating that I have been continuously employed for six years and they want my GC so that I can continue my employment.

Anyone get an RFE with similar wording with "Chancellor letter"...and "factors necessitating employment termination"? If so how did you respond? Krendel', nsceb1, pcOR03 and others could you please advise? Can this letter be obtained right now and dated for right now?

Anyone with an RFE from NSC/NQK EX380? Could you please post?

Honkman and others...any suggesstions. I had planned on submitting the following

1) HR letter stating my current employment is "permanent".

2) Offer letter for my current position stating that employment is a "continuing employment". "Continuing employment" is what our University calls permanent employment. For example, tenured faculty are on "continuing appointment". I am on a research position though. This letter is dated about 6 weeks after petition filing.

3) To support (2) I will include job advertisement approved by the University which states "contuinuing employment" and the authorization to hire provided by the Provost's office. The actual offer letter is given by my supervisor and states that he is making the offer based on authorization obtained from the Provost and Vice-chancellors office.

4) My acceptance letter of the offer.

5) Job offer letter dated 2 years before petition filing which says "continuing employment" but not as explicitly as the newer offer letter. We were not thinking about EB1-OR at that time and the letter was hence not tailored for that purpose.

6) Letter from the department chair describing both my offer letters and elaborating on "continuing" versus "permanent" and certifying that they are one and the same.

Do you think these documents should be enough. Do I have to describe conditions for employment termination since the RFE explicitly asks for it. As far as I am aware of, termination is possible on moral/ethical grounds and other factors involving general university budget cuts which may result in a lay-off of several permanent employees.

Or, should I just get a letter from Chancellor/Provost office dated for say today and which states that the offer of employment and my current status is "permanent" and stating compensation and conditions which might result in termination?

Since the RFE only asks for "permanent job offer letter", is it safe to assume that they are happy with my other qualifications for EB1-OR classification.

Any advice is sincerely appreciated.
 
Rfe

hi Pamit
All the best for RFE
few points:

Termination of employement relationship can be ten lines or just one line statement.

Based on AAO decisions in 2004 at NSC,

They like original old letters.

HR letter is important-good you have one

Continuing employment is not only criteria for permamnent position

Good to have such letter prior to date of filling.

Yes, you need not have to send anything to prove your OR status. That might dilute your RFE response. As it is small envelope they send cannot accomodate more stuff.You can add/mention additional acheivements in cover letter.
 
eb1doc said:
hi Pamit
All the best for RFE
few points:

Termination of employement relationship can be ten lines or just one line statement.

Based on AAO decisions in 2004 at NSC,

They like original old letters.

HR letter is important-good you have one

Continuing employment is not only criteria for permamnent position

Good to have such letter prior to date of filling.

Yes, you need not have to send anything to prove your OR status. That might dilute your RFE response. As it is small envelope they send cannot accomodate more stuff.You can add/mention additional acheivements in cover letter.
Click to expand...


My RFE response (EB1 OR) was 9 page cover letter and 150 pages of supporting documents. Maybe thatswhy it is more than 5 months and no decision. btw, what it means " LUD change but no new msg" ...
 
Rfe

Well Bhakum

Yours RFE needed that much input so no surprise if it went upto 9 pages. However the one for Pamit, krendel or NSceb1 is specific about permanent position which don't need much explaination.

While checking online......LUD changes (means date changes) but the text remains the same in the mesage box.......It happens mainly when you go for finger printing!!!
 
case status 1-800 msg

For the past 2 weeks, whenever I check the case status through their 1-800-number, it says" We are sorry. Due to a temporary problem we cant access your information. Pls try again later". I wonder if they took my case out of their system and working on it or already made a decision and mailed a letter? It worries me. ANyone had similar experiences?
 
eb1doc said:
hi Pamit
All the best for RFE
few points:

"Continuing employment is not only criteria for permamnent position"
.
Click to expand...

Thanks for your response. In my case "continuing" is "permanent" and matches all the key criteria cited in AAO decisions that I have reviewed. Some of these include "automatic renewals" without anyone having to do anything, "independent of grant funds", "reasonable expectation of continued employment", "no time-limit or ending date on contract", etc. Even our HR did not have any problems substituting the word "continuing" with "permanent".

Proving the "permanent" nature of my present employment is not a problem for me. The issue I am pondering on is:

The job offer letter for my current (I was promoted 6-weeks after petition filing) job explicitly confirms "permanent" employment. However, the job offer letter for my position at the time of filing does not state "permanent" that clearly.

Given this situation, should I send all the documentation I have listed earlier or just send a chancellor or equivalent letter stating my current job offer details as the RFE is explicitly asking for.

I am traveling right now and am yet to pose this question to my attorney. I will post my attorney's thoughts on this here when I have something from them. In the meantime any suggestions from the forum members?
 
pamit73 said:
Thanks for your response. In my case "continuing" is "permanent" and matches all the key criteria cited in AAO decisions that I have reviewed. Some of these include "automatic renewals" without anyone having to do anything, "independent of grant funds", "reasonable expectation of continued employment", "no time-limit or ending date on contract", etc. Even our HR did not have any problems substituting the word "continuing" with "permanent".

Proving the "permanent" nature of my present employment is not a problem for me. The issue I am pondering on is:

The job offer letter for my current (I was promoted 6-weeks after petition filing) job explicitly confirms "permanent" employment. However, the job offer letter for my position at the time of filing does not state "permanent" that clearly.

Given this situation, should I send all the documentation I have listed earlier or just send a chancellor or equivalent letter stating my current job offer details as the RFE is explicitly asking for.

I am traveling right now and am yet to pose this question to my attorney. I will post my attorney's thoughts on this here when I have something from them. In the meantime any suggestions from the forum members?
Click to expand...


IMO send all letters you collected over the years and also current letters with your RFE and some additional explanantion. But better talk to your lawyer about that and let him decide on the best way (if you trust your lawyer).
 
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