RFE received. Need advice!

K

Krendel'

Registered Users (C)
I got a letter from the NSC today.

It's saying: " the Service acknowledges receipt of the paperwork that documents the change in the beneficiary's position, but this does not establish that the newer position is a permanent one. Therefore, submit a copy of a letter that offered the beneficiary a permanent research position in the alien's academic field. Please note that this letter should be signed by someone with authority to hire permanent employees".

Previously I submitted a letter from the Head of our Department, where my position discribed as a full-time permanent position. I also attached the letter from HR, and in my cover letter box "permanent position" was checked.
What else do they need? What kind of additional evidence I should submit?
Any suggestions/experiences?
Thank you!
 
Krendel' said:
I got a letter from the NSC today.

It's saying: " the Service acknowledges receipt of the paperwork that documents the change in the beneficiary's position, but this does not establish that the newer position is a permanent one. Therefore, submit a copy of a letter that offered the beneficiary a permanent research position in the alien's academic field. Please note that this letter should be signed by someone with authority to hire permanent employees".

Previously I submitted a letter from the Head of our Department, where my position discribed as a full-time permanent position. I also attached the letter from HR, and in my cover letter box "permanent position" was checked.
What else do they need? What kind of additional evidence I should submit?
Any suggestions/experiences?
Thank you!
Click to expand...

1) What do they mean by "change in beneficiary's position" or "the newer position"
2) What is the nature of your appointment? Post-doc? Faculty? Researcher/Scientist? renewable term-appointment/continuing appointment/tenure-track? End date on contract?
3) Is that all they want?

Based on what my lawyer had told me when I had filed, you should not have gotten this RFE. According to the lawyer, they did not see any problem submitting the letter like the one you have submitted.

In case you haven't, check on the AAO decisions. There are a lot of cases refering to this issue. Baed on their reasoning, and indications of what they would have liked to see you can decide on what you need to send.

Keep us posted.
 
Krendel' said:
I got a letter from the NSC today.

It's saying: " the Service acknowledges receipt of the paperwork that documents the change in the beneficiary's position, but this does not establish that the newer position is a permanent one. Therefore, submit a copy of a letter that offered the beneficiary a permanent research position in the alien's academic field. Please note that this letter should be signed by someone with authority to hire permanent employees".

Previously I submitted a letter from the Head of our Department, where my position discribed as a full-time permanent position. I also attached the letter from HR, and in my cover letter box "permanent position" was checked.
What else do they need? What kind of additional evidence I should submit?
Any suggestions/experiences?
Thank you!
Click to expand...


Are you by any chance research associate at an university ? And did any of your papers mentioned the word postdoc somewhere ? I have the impression that the USCIS has often some problems to believe that a research associate/postdoc position is permanent since they often depend on grants which are mainly for 2-3 year. Did the letter from the Head of your Department clearlt mentioned where the money for your position comes from and that there is no "time limit" on that source,eg. grant, fellowship etc. ?
 
Thank you for replies, guys!

Yes, I am a Research Associate in University. Here some quotes from the Head's letter:"The DepartmentXXX employs Dr. XXX on a full time basis as a Research Associate at an annual salaryXXX per year. The position... is a permanent position in the Department XXX and has been posted and approved as a permanent position through the Department of Human Resources. See attached form."
In this attached form they mentioned that currently (3 years ago) I am a post-doc, but proposed position is a Research Associate. May be that why the INS mentioned about "newer position".
No, in the Head's letter he didn't say anything about grants or "soft" money, or any sources for funding.
I also submitted another letter from the Head about research experience where he stated that I was hired as a post-doc, but 3 years ago changed my position to Res. Associate.
I still don't understand what do they want!
 
Krendel' said:
Thank you for replies, guys!

Yes, I am a Research Associate in University. Here some quotes from the Head's letter:"The DepartmentXXX employs Dr. XXX on a full time basis as a Research Associate at an annual salaryXXX per year. The position... is a permanent position in the Department XXX and has been posted and approved as a permanent position through the Department of Human Resources. See attached form."
In this attached form they mentioned that currently (3 years ago) I am a post-doc, but proposed position is a Research Associate. May be that why the INS mentioned about "newer position".
No, in the Head's letter he didn't say anything about grants or "soft" money, or any sources for funding.
I also submitted another letter from the Head about research experience where he stated that I was hired as a post-doc, but 3 years ago changed my position to Res. Associate.
I still don't understand what do they want!
Click to expand...

Do they somewhere clearly write where the money for your salary comes from and that it doesn't have any kind of time limit ?
 
honkman said:
Do they somewhere clearly write where the money for your salary comes from and that it doesn't have any kind of time limit ?
Click to expand...
specifically about my salary no, they didn't. But I submitted a letter from Budget and Fiscal Planning saying about annual budget of University and that our Department has the ability to meet the financial obligation of hiring DrXXX to fill the position of Res. Associate.

Honkman, do you have any suggestions?
 
To Krendel'

Krendel'

I got similar RFE from USCIS. In this one page RFE, they asked the evidence for permanent employee. This is probably because there are 6-month probationary period mentioned in the original offer letter and I did't include any other employment letter when submitting I140 petition. So what I did is to ask human resource to write them a letter to certify I was a permanent employee after 6-month probationary period. I don't know whether NSC will be satisfied with the letter. Anyway, I hope this will be a little help to your case.
 
pcOR03 said:
Krendel'

I got similar RFE from USCIS. In this one page RFE, they asked the evidence for permanent employee. This is probably because there are 6-month probationary period mentioned in the original offer letter and I did't include any other employment letter when submitting I140 petition. So what I did is to ask human resource to write them a letter to certify I was a permanent employee after 6-month probationary period. I don't know whether NSC will be satisfied with the letter. Anyway, I hope this will be a little help to your case.
Click to expand...

Thank you, pcOR03!
I submitted such a letter before, they still don't satisfied...
 
My case (see details above) has been approved. It happened really fast! This Monday our counselor sent the RFE reply to the INS, they got it on Tuesday, and yeasterday I got e-mail from the NSC! Wow!
It was a long journey - I submitted I-140 in Nov. 2003.
My wife still doesn't believed. She thinks may be they approved some other case and due to an internal error sent the approval notice to me :) I don't know, is it possible, such a mistake?
Anyway, thanks to all of you for useful advices.
Now it's time to prepare my I-485 form. Yes, I did non-concurrent submition, idiot! :)
 
Krendel' said:
My case (see details above) has been approved. It happened really fast! This Monday our counselor sent the RFE reply to the INS, they got it on Tuesday, and yeasterday I got e-mail from the NSC! Wow!
It was a long journey - I submitted I-140 in Nov. 2003.
My wife still doesn't believed. She thinks may be they approved some other case and due to an internal error sent the approval notice to me :) I don't know, is it possible, such a mistake?
Anyway, thanks to all of you for useful advices.
Now it's time to prepare my I-485 form. Yes, I did non-concurrent submition, idiot! :)
Click to expand...

Congratulations, man!
 
pamit73 said:
So how did you finally respond to the RFE?
Click to expand...

We sent an offer letter (we forgot to include it into primary submission) from my professor, a letter from department' business office, saying that my position is the permanent one, and a position' description. That's it.
 
Offer Letter Date

Krendel' said:
We sent an offer letter (we forgot to include it into primary submission) from my professor, a letter from department' business office, saying that my position is the permanent one, and a position' description. That's it.
Click to expand...

Krendel',

Was the offer letter you submitted a new one or the original offer letter. Basically, was it dated from before or after your petition filing date?

Reason I ask is as follows: I have been on a few different appointments with the same employer rising through the ranks. Those offer letters were not geared towards any immigration petition and were not worded as such. About 1.5 months after filing the petition, I was promoted and I made sure that the new offer letter wording was geared towards satisfying the requirements of "permanent position". Now that I have recd an RFE (haven't seen the RFE but am pretty sire that it asks about the "permanent" issue) I am now wondering if I should submit:

1) Old offer letters with no "permanent" wording in it.
2) Most recent offer letter (dated 1.5 months after petition filing date) reflecting a promotion I received and which explicitly states and provides evidence that the position was indeed permanent.
3) Submit both with an explanation.

Anyone has any insights on this?
 
pamit73 said:
Krendel',

Was the offer letter you submitted a new one or the original offer letter. Basically, was it dated from before or after your petition filing date?

Reason I ask is as follows: I have been on a few different appointments with the same employer rising through the ranks. Those offer letters were not geared towards any immigration petition and were not worded as such. About 1.5 months after filing the petition, I was promoted and I made sure that the new offer letter wording was geared towards satisfying the requirements of "permanent position". Now that I have recd an RFE (haven't seen the RFE but am pretty sire that it asks about the "permanent" issue) I am now wondering if I should submit:

1) Old offer letters with no "permanent" wording in it.
2) Most recent offer letter (dated 1.5 months after petition filing date) reflecting a promotion I received and which explicitly states and provides evidence that the position was indeed permanent.
3) Submit both with an explanation.

Anyone has any insights on this?
Click to expand...

Sorry for delay - I haven't check this site for awhile.
I also work for the same employer since I came to the US and gained different positions at the same lab. After RFE I submitted the old offer letter which had no "permanent" word in it (and be sure this letter is also signed by some university authority, like Provost). But I also sent a letter signed by a manager from our business office where my position was called "permanent". I also attached a description of my position. That's what I did.
 
Thanks for your response. That is encouraging to me. Could you also post your adjudicator initials/code. This is found at the bottom of the RFE cover letter and goes like NSC/TMJ EX321
 
I140 approved at TSC after RFE on Permanent position

I have been following this forum for a long time..I would like to thank everyone for their inputs..it helped me a lot to respond to RFE.
I just received e-mail notification that my I140 (EB1-OR)has been approved at TSC after sending response to RFE. RFE was on Permananet position offer letter. Originally I submitted a letter from the HOD. In response to RFE, I submitted another letter from him along with 2 more letters (one from my boss another from the research dean of the college) detailing the history of funding for the program.
Permanent position matter is becoming a common problem in TSC also..if anyone needs suggestions with this, I would be glad to help.
Thank you all again.
I140 and 485 (EB1-OR)
RD-Oct 22, 2004
FP-May 17, 2005
RFE-Apr 19, 2005
RFE response- Jun 20, 2005
I140 approved on Jun 28, 2005
I485--Waiting
 
You must log in or register to reply here.
Top