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Question: Why am I asked to provide employment letter for my I485 that is based on I140 NIW?

a while back in september of 2015 my I140NIW got approved.
Later on the USCIS sent me RFE on my I485 asking me to provide employment letter.
Do I must have employment in the processing of my I485 when the underlying I140 is national interest waiver?

Ron0 answers 22 December 2016 17:18

I recommend you to hire a lawyer at this stage. You don't want to screw it up at this stage of your application, and lawyer won't charge you too much to respond for a RFE. The letter is to confirm that you are working in the country in the area that you said you were going to work in your NIW petition. If you don't have a job in your area... I guess you are in trouble.
I saw this example online... but I am not sure if that will work for a NIW person:

<today’s date>

US Department of Homeland Security
United States Citizenship and Immigration Service
<your USCIS Service Center address>

Re: Permanent Residence of <your name>

Dear Sir or Madam:

This letter is to confirm that <your name> will be employed with us on full time, permanent basis upon receiving approval of his permanent residence application. He will receive an annual salary of no less than <annual salary>. His job title will be <job title>, and he will be performing the following duties:

Develop full life-cycle object oriented software, including analysis, design of application's specifications, documentation of software user requirements, development of programming using C++ and/or Java languages, Windows NT, design of graphical user interfaces and Object-Oriented Databases(OODBMS) using OMT Methodology, testing and implementation.

Please feel free to contact us if your office should require any further information.


<signature, name and designation of authorized person>
<company name>

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