NIW被当作PERM RFE EVL# EB23 - 劳工卡
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EB2 NIW (NSC) PD 2009/11，RD 2012/2/2, 2012/6跨州换工作使用EAD卡。
7月初收到RFE Letter，主申请人是RFE 693和EVL，副申请人是693。
RFE letter里对EVL的要求，感觉是被当成了PERM，提到了I485 pending>=180d才可以
还工作等，现
在正在DIY response, 很犹豫除了提供EVL+693外，要不要在cover letter里提一下自
己是NIW，可又怕提了多事，万一要是被RFE NIW相关就又多了件麻烦事儿。
麻烦大家帮我出出主意，谢喽。
以下附RFE EVL原文，请诸位参详。
On January 11,2011, USCIS issued a Policy Memorandum directing Service
Centers processing certain visaretrogressed
applications for adjustment of status to request additional information
prior to a final decision. This
policy is reflected in Chapter 23.5(t)(4) of the Adjudicator's Field Manual
(AFM). Specifically, review of your
application shows that:
I
. You are an Employment-Based Principal Applicant
. An immigrant visa is not immediately available, and
. A valid job offer may be required for your adjustment.
You must submit a currently dated letter from your petitioning (Form I-140)
employer, verifuing that their job
offer to you continues to exist. If their job offer no longer exists or you
no longer intend to work for the original
I-140 employer, you may be eligible to adjust pursuant to visa portability
under section 204fi) of the
Immigration and Nationality Act if:
. Your Form I-485 application has been pending for 180 days or more, AND
. Your new intended permanent employment is in the same or similar
occupational classification as the
original Form I-140 job.
Note that the current job offer letter from your original or new employer
must state the title and duties of the
offered position, the minimum educational or training requirements, the date
you began (or will begin)
employment and the offered salary or wage. This letter should be on company
letterhead and signed, in the
original, by a person authorized by the organization to make or confirm an
offer of permanent employment.
7月初收到RFE Letter，主申请人是RFE 693和EVL，副申请人是693。
RFE letter里对EVL的要求，感觉是被当成了PERM，提到了I485 pending>=180d才可以
还工作等，现
在正在DIY response, 很犹豫除了提供EVL+693外，要不要在cover letter里提一下自
己是NIW，可又怕提了多事，万一要是被RFE NIW相关就又多了件麻烦事儿。
麻烦大家帮我出出主意，谢喽。
以下附RFE EVL原文，请诸位参详。
On January 11,2011, USCIS issued a Policy Memorandum directing Service
Centers processing certain visaretrogressed
applications for adjustment of status to request additional information
prior to a final decision. This
policy is reflected in Chapter 23.5(t)(4) of the Adjudicator's Field Manual
(AFM). Specifically, review of your
application shows that:
I
. You are an Employment-Based Principal Applicant
. An immigrant visa is not immediately available, and
. A valid job offer may be required for your adjustment.
You must submit a currently dated letter from your petitioning (Form I-140)
employer, verifuing that their job
offer to you continues to exist. If their job offer no longer exists or you
no longer intend to work for the original
I-140 employer, you may be eligible to adjust pursuant to visa portability
under section 204fi) of the
Immigration and Nationality Act if:
. Your Form I-485 application has been pending for 180 days or more, AND
. Your new intended permanent employment is in the same or similar
occupational classification as the
original Form I-140 job.
Note that the current job offer letter from your original or new employer
must state the title and duties of the
offered position, the minimum educational or training requirements, the date
you began (or will begin)
employment and the offered salary or wage. This letter should be on company
letterhead and signed, in the
original, by a person authorized by the organization to make or confirm an
offer of permanent employment.
