RFE on I-485 (NIW case)

G

gchope2

Registered Users (C)
My I-140 is NIW, and was approved Sept. 2003. My lawyer received RFE asking for "the original letter on company letterhead from your current employer stating date of hire, duties, remuneration and prospect fpr continued employment". I know this is very common. But for my case (NIW), my lawyer ask me to submit my recently publication, award, patent, peer-review, citation, etc to him, he will then draft a letter for my employer to sign. Is that necessary for my case? Also, I am a post-dr, how to address "prospect for continued employment" in reply?

Thanks for any comments.
 
On the safer side, do what your lawyer suggested

My case is NIW and I ever had very similar situation with you before. I received RFE asking for the same content for my I-485. I submitted my future employment letter (post-doc offer) but without attaching any publications, etc. They transferred my case to local office for interview. It is still pending.

I am not sure if attaching other documents really matter. But I believe it won't hurt. Some times I am wondering the CIS may demand higher standard for NIW case during business cycle.

Good luck for your case and please keep us posted about the outcome. Thanks.
 
Lowell,

Thanks for the information,

how soon after replying RFE, you received the transfer to local office? have you scheduled an interview time yet? In my RFE notice, it says between 14 days to 60 days, I should hear something from USCIS.

So far I have not heard anyone with NIW approved only after RFE, all I know is transfered after RFE. Is that true?

Good luck to you too.
 
I believe more is better, I think (remember "I think", I may be wrong) if you go by the route your attorney is saying may be your case won't be transferred for interview because by submitting all that you would leave minimum doubts for IIO for your case. So I think you should send whatever your attorney is suggesting.
 
I heard transfer notice after around 45 days of RFE

Since each NIW is unique, it may really depend on the individual immigration officer. In my case, I guess my post-doctoral offer did not say anything about permanent job prospect (none of post-doc is permanent), the officer may not want to approve immediately without an interview (face-to-face examination). But I haven't heard any denied NIW adjustment (with approved I-140) yet.

I hope they can change their practice to expedite the process.

Good luck to you.
 
It is better to submit everything. My case was trans to local office after rfe (niw) because lawer didnt reply well. Try to get a letter from your boss that will sound like the employment will continue ....
 
jvs1...that doesnt work always too

jvs1 said:
It is better to submit everything. My case was trans to local office after rfe (niw) because lawer didnt reply well. Try to get a letter from your boss that will sound like the employment will continue ....
Click to expand...

I had sent a detailed letter about job duties, goals, prospect of employment etc etc even without being asked in rfe and still was transferred. i guess thats an aspect of NIW....job offer not required but duly transferred always
:(
 
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