Pl. Help - RFE Received, Dec. 2000 Case !!

T

tulu nine

Registered Users (C)
Hi All :

Finally I have recieved RFE from NSC Director, Terry E. Way, for the following two issues :

1. Please submit a letter and/or other documentary evidence which establishes that you will continue to be engaged in your area of extraordinary ability. This evidence shall specify how you intend to work in your area of extraordinary ability and confirm that you intend you to carry out the terms and conditions of the underlying I-140 petition.

2. Submit two written statements, sworn to or affirmed by at least two persons who were living at the time and who have personal knowledge of the events you are trying to prove, for example, the date and place of birth, marriage or death.

It seems to me that the first issue is for an employment letter and the second one for affidavits of birth, instead of birth certificate. I will greatly appreciate if any one can help me to reply this RFE. FYI, my I-140 was approved under EB1-EA category at TSC. One more thing, did anybody receive this kind of RFE, is it a common format for RFE for EB1-EA ?

Please help !! Thanks in advance.

Regards,

Tulu Nine.
 
I got the same RFE as your #1. Replied with an employment letter and a sworn affidavit that I was working in the capacity as described in I140.

Good Luck
 
Question for Zaak !!

Hi Zaak :

I am just wondering whether it will be possible for you to post the format of your sworn statement showing your intention to continue your work in the areas underlying in the I-140 petition. It will be a great help.

Thank you.

Tulu nine.
 
Late reply

Sorry , I was out of town. Here is the affidavit.



AFFIDAVIT OF
_________________________________
ATTESTING TO THE INTENTION TO CONTINUE TO WORK
IN A MEDICALLY UNDERSERVED AREA


I, ______________ DECLARE AND STATE AS FOLLOWS:
1. THAT I AGREE TO CONTINUE TO WORK FULL TIME AS A PHYSICIAN IN AN
AREA OR AREAS DESIGNATED BY THE SECRETARY OF HEALTH AND HUMAN
SERVICES AS HAVING A SHORTAGE OF HEALTH CARE PROFESSIONALS.

2. THAT I COMPLETED THREE (3) YEARS ON H-1B STATUS ON _________.
DURING THIS TIME AND CONTINUING TO THE PRESENT, I HAVE BEEN
SERVING THE MEDICALLY UNDERSERVED AMERICAN CITIZENS AS
REQUIRED UNDER §203(b)(2)(B)(IV) OF THE IMMIGRATION AND NATIONALITY
ACT,
“EFFECTIVE DATE. – The requirements of this
subsection do not effect waivers on behalf of alien
physicians approved under section 203(b)(2)(B)
prior to November 1, 1998, the Attorney General
shall grant a national interest waiver pursuant to
section 203(b)(2)(B) except that the alien is
required to have worked full time as a physician for
aggregate of three years (not including time
served in the status of an alien described in
section 101(a)(15)(J)) before a visa can be issued
to the alien under section 204(b) or the status of
the alien is adjusted to permanent resident under
section 245.”
3. THIS AFFIDAVIT IS MADE UNDER PENALTY OF PERJURY.
_______________________________________

SUBSCRIBED AND SWORN TO BEFORE ME THIS_____DAY OF ______, _____.
______________________________
NOTARY PUBLIC
MY COMMISSION EXPIRES:_____________________
 
Hey Zaak
can u please specify if u were/are subjected to 3 year or 5 year rule and when did u apply for 485
I got my 140 approved in May under NIW for MD (5 year rule)and applied fro 485 in jume 2002 in TSC was wondering if I will also get RFE do u know if any one has done Lab Cert after filling 485 through NIW
am finishing three years in Oct of this year
Thanx and all the best
Kidsdoc
 
Hi there,

I am by the old 3 year rule. I think you can do labor cert but I do not think they will let you have your GC before 5 years as the NIW law would apply.

That is my interp., but I did not do labir cert and therefore do not know for sure.

Hope this helps,

regards
 
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