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Topic: RFE for I-485 (advise please)
I got an RFE for my I-485 asking for evidence that I continue to work in the area of national interest for which my I-140 (NIW) was approved.
I am assuming that a letter of employment would suffice well for this. What content should the letter entail? Should it be a generic LOE by the HR.
I was working in academia before but now in the industry as a researcher. Please advise.
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Hi.
Don't worry- if you're still working in the same field as you were when your NIW was approved, you'll have no problem. Submit current letters from your peers stating that you are still making significant contributions in your field. Emphasize the contributions that you have made since having your NIW approved. Submit any articles that you have published and any articles that have either cited your work or discussed your work since having your NIW approved. The RFE should state exactly what it wants to see by ways of evidence, but I hope that this helps a little.
Good luck!!
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I'm expecting one of these as well. Do they have specific requirements or is it just a one-sentence RFE?
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Nebraska is notorious for sending this kind of RFE for NIW applicants. I never saw this kind of RFE from TSC.
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The RFE specifially states documentary evidence that establishes that I continue to engage in the ocupation that was the basis of my national intereste......evidence may include but not limited to "currently dated letter from your present employer" recent publications/ongoing research.....reent awards and grants etc
I am doing the same research in the industry now as was doing back in academia, so that should not be a problem. I also can provide reent publications and porposals (also from my new job). In terms of letter from employer, I don't think my company (fortune 500) would be anxious to write a specific letter in this regard. ALL I will be able to get is the traditional letter of employment giving my research director title, sallary and the usual offical jargon. As for peers, Also no body in the comany will be willing to write some letter on my behalf with out asking HR/legal
Please advise
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You should get the SAME supporting documents (same nature) that you filed with your I-140 but about your future projects, today's projects, your acivity after I-140 was filed.
It should NOT be the same documents as you can understand, but the same list of supporting documents that you did file with your I-140 originally. Try to get employement leters with detailed explanation that you are perfect and outstanding. It could be from professors, peer organizations, even coworkers with "names" in your field. They want to see that you is not only "special"(they approved and agreed in your I-140) , but you will be "special" and you will be working in this special field in near future (nature of AOS for NIW). More papers you will get - more chances. as much as you can. We did file once for person - it was 50sm. file, around 10 lb. It was approved. BUT take our time, you should collect as much as you can.
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I don't think I have to prove at this point any further outstanding nature of my projects and skills. The RFE specifically states that since I moved and no longer work with the University, so ONLY prove that I am still working in the same occupation.
A letter of employment and current research protocols of my present work should suffice well in my opinion.
There are several cases with exact such RFEs on other sites....that got approved and none of them gave this kind of evidence that you are suggesting. IT is I-485 not I-140.......not sure where we are going with this
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I would like to add here that a south african freind of mine got the same RFE for his I-485 application in Nebraska last year.
Since his application was pending for more than a year, they wanted to make sure he is doing the same kind of research.
All he did is submitting a letter from the chair stating that he still in the same position doing the same research (which is in the NIW).
It is true, Nebraska is particular about that since another friend whose I-485 NIW was pending for almost 2 years, got an approval right away after almost 2 years of I-140 approval with not a single question about him doing the same job.
Good luck
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Hnks
Thanks for your input. I totally agree and This is the same feedback on other sites where folks just presented a letter of employment and recent publications and got approved. I am not sure where girl7 is coming from??? 10 lb evidence......scary!!!!
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It was based on my experience. That is all. Nothing to scare you.
It is your case and you should probably do what you want. Good luck to you!
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As I said, I am very much anticipating the same RFE and plan to do only 2 things:
1- Get a letter of employment from my current employer detailing my current work, and
2- Get another letter from my former colleague at my old institution that I still collaborate with them and have at least 2 manuscripts pending.
My new place doesn't publish (it's a start-up drug-development pharma), but I hope that will not be a problem.
Although others may have provided a lot more evidence than that, I absolutely believe it is not necessary. The I-140 is already approved, and one should not have to re-establish eligibility for the immigrant category.
Coldplay, how did they know that you moved? I am wondering whether you provided an employment letter/offer from your new place of employment with your original I-485 submission?
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I agree with you. Your plan should be just fine. This is I-485 not an I-140 peitition.
As in my case, my only problem is that it is a fortune 500 company and so I can only get a traditional EVL, which would show my title as director of same category of researh that i was doing in academia. Rest I plan to provide reports for my ongoing researh at the company.
I did not provide them with any letter. But I did move from H-1b to EAD, plus placed the change of address form. SO that should given them enough room to inquire and conclude that I no longer work with the same instituition.
If you did not change your status and address, that you might as well be just fine and they might not come back with any inquiry.
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Also playguy
besides manuscripts, try to get that into the letter from your previous institution that (in present and future) you are part of their scientific exchange/teaching program as well.
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Thanks coldplay - I still haven't heard anything about my I-485 but I am 95% sure I'll get an RFE like yours (and perhaps other problems like TB skin test) because it's been a while since I applied plus I also moved (although I did include the offer letter of my new employer with my I-485 package, which I prepared myself without a lawyer). I'll take your last suggestion, thanks, that's a good idea.
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Update.
GOT email from CRIS welcoming the new permanent resident. Got approved in 7 days after responding to the RFE.
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Wonderful news!! Congratulations to you!!!!
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did you go through your employer or filed by yourself..
as I am also in the same boat but working in same filed and in university
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Hi,
I also noticed in my case in USCIS web site stating a notice for Additional RFE has been sent .(I suppose to my employer who never bothered to update me, the RFE was dated June 17,2008.
Till date no update in the sebsite of USCIS or my employer. What is the time frame for filing a reply for RFE is it 30 days/45 days or unlimited period.
Can any one advise me.
Rgovi
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the time frame depends on the nature of the RFE...usually 30-60 days MAX
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It was a self petitioned NIW
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YOU Need to work fast,
I found on my case (website) that a RFE was issue on June 19, My lawyer received the letter and email on June 22,
the due date for USCIS to have the paper on their desk is aug.04. my lawyer request more time and it was denied...I was out of the country . I cut everything off and came back to organize and sent paper on time
ADVISE YOU NEED TO ACT FAST
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I got an RFE for my I-485 asking for evidence that I continue to work in the area of national interest for which my I-140 (NIW) was approved.
I am assuming that a letter of employment would suffice well for this. What content should the letter entail? Should it be a generic LOE by the HR.
I was working in academia before but now in the industry as a researcher. Please advise.
Congratulations great,
Would you list exactly what did you submit for the RFE? |
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Users currently subscribed this discussion: Palguy, hnks, kabdogegc, advinm41, metr5550, coldplay331, Shahrooz74, rgovindarajan, girl7, anotherdreamer, ajisasha
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