question about RFE

[honeyhappy]

Hi folks.

I have a question about RFE for 485 pending caes. Atteronys says normally BCIS asks for RFE before approving 485 in most of cases and generally that is for employment verification.

Now my question is if one has 140 apoproved in EB1 or EB2( national interest waiver or outstanding alien) in such categories individual applies independent of any employment, Does stil BCIS worries about Employment verification before approving 485. One of my friend who has applied in National interst waiver has got RFE asking for current employment verification sometime back.
Any experience or thought on this- that BCIS has custom/ rule to ask for such RFE of employmnet? I know there are some approvals without RFE recently reported on this forum. But they are very few.
Thank.

 

[ag28]

you are right

technically employment offer or even employment is not required for NIW/eb1-ea.
however cis sometimes just wants to confirm that you are indeed working in the area for which you had received 140 approval. they are not concerned with job changes or anything else but just because of the inordinate delays, they would like to see if you are not a public charge and are still continuing in the field of work . sometimes rfe is for common things like medicals also.
good luck

 

[fireball]

I filed 140 by EB11 and got the RFE for my 485 recently. Even if EB11/NIW is independent of employment, you will have problem if you don't have job now. More important issue is you have to explain you are working at the same field as what you applied for 140.