The PD of my EB2-NIW 485 became current this month. I was originally working as a Postdoc at a
university. In June 2008, I was hired by my current company, and moved
to another state. I just received RFE from NSC. Here is what the RFE says,
"A review of Service records indicates that you no longer reside in the same state or geographical location as the underlying From I-140 immigrant visa petitioner and/or the job location specified by your intended permanent employer.
Therefore, submit a currently dated letter from your original Form I-140 employer which addresses this descrepancy. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
IMPORTANT: if you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applicants to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND
The application for adjustment has been pending for more than 180 days, AND
The new permanent position is in the same of similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new permanent employer, describing your present job duties and position in the organization, your proffered position (9f different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist."
It appears to me that CIS confused my NIW case with PERM based case. So, I am going to submit a letter with a copy of the approval notice of my NIW I-140 to clarify this issue. However, in any case, I think an Employment Verification Letter might still be needed to respond to CIS's RFE. I prepared the following draft for my company's HR. Pijiang and 863211, do you guys think it would be sufficient to address CIS's requests?
Dear Sir/Madam:
This letter is to verify that XXX (my current company) employs Dr. n007 as a xxx (my current position) since June 2008. His current annual salary is $xxx.
Dr. n007 was recruited by XXX (my current company) based on his exceptional research ability and accomplishments in the area of xxxxxxx (my specialty) that were the same as those indicated in the I-140 Immigrant Visa Petition as an Advanced Degree Professional Requesting a National Interest Waiver filed by himself and, subsequently approved by the Department of Homeland Security, U.S. Citizenship and Immigration Services.
Dr. n007’s expertise in xxxxxx technology includes xxxxxxxx (some of my skills). His duties as xxx (my current position) at XXX(my current company) include xxxxxxxxxxxxx (brief job descriptions), which are consistent with those described in his approved I-140 Immigrant Visa Petition.
Although his employment is at will, this is a regular full-time position. We expect to continue to utilize his skills in this position after approval of his form I-485.
If any additional information is required, please contact me at XXX-XXX-XXXX.
Very truly yours,
Human Resource Specialist
In the EVL, when it comes to claim that my current job is in the same/similar area to that indicated in my NIW I-140, does it have to be parsing and elaborating? There is no job descripition in NIW I-140 petition. What should I do? I really need you guys' comments and advises. Thank you so much for your help.