How to argue against an RFE (supplement J + NIW)?

[Sherbs]

I successfully self-petitioned under the NIW and filed the i-485 based on this. I just received an RFE to submit Supplement J.

The instructions for Sup J clearly state "Individuals seeking or granted a National Interest Waiver of the job offer requirement and individuals seeking or granted classification as an alien of extraordinary ability under INA section 203(b)(1)(A) **** do not need to file Supplement J. **** "

Has any other NIW petitioner received this particular RFE? What did you/your lawyer do?

My only explanation is that the adjudicator has issued this by mistake. There is no job offer as one was not necessary and my employer will not complete Supplement J. I am currently (and intend to remain) working in the field on my valid H-1b.

Has anyone got an example letter of how I should (politely) argue my case? Or any concrete advice on what I should do?

[Usform007]

I successfully self-petitioned under the NIW and filed the i-485 based on this. I just received an RFE to submit Supplement J.

The instructions for Sup J clearly state "Individuals seeking or granted a National Interest Waiver of the job offer requirement and individuals seeking or granted classification as an alien of extraordinary ability under INA section 203(b)(1)(A) **** do not need to file Supplement J. ****

Has any other NIW petitioner received this particular RFE? What did you/your lawyer do?

My only explanation is that the adjudicator has issued this by mistake. There is no job offer as one was not necessary and my employer will not complete Supplement J. I am currently (and intend to remain) working in the field on my valid H-1b.

Has anyone got an example letter of how I should (politely) argue my case? Or any concrete advice on what I should do?

I read somewhere that is not required for NIW or EB-1a but you quotet this ?National Interest Waiver **** of the job offer requirement **** meaning that is required a job offer?

I hope someone who has experience with NIW will reply to your post, but I suggest to hire an attorney for this specific RFE.

[Sherbs]

I read somewhere that is not required for NIW or EB-1a but you quotet this ?National Interest Waiver **** of the job offer requirement **** meaning that is required a job offer?

I hope someone who has experience with NIW will reply to your post, but I suggest to hire an attorney for this specific RFE.

Yes, the instructions barely make sense! I think this means that being granted the NIW petition (which I have been) waives the need for a job offer (i.e. the need for a job offer is waived in the national interest).

Would love to hear from anyone else in this situation. I could hire a lawyer but they will want to review my entire case (I filed i-485 myself) and I have neither time, money or patience for that!

[Usform007]

Yes, the instructions barely make sense! I think this means that being granted the NIW petition (which I have been) waives the need for a job offer (i.e. the need for a job offer is waived in the national interest).

Would love to hear from anyone else in this situation. I could hire a lawyer but they will want to review my entire case (I filed i-485 myself) and I have neither time, money or patience for that!

I am posting to keep this thread live as it is important topic.

If you are not able to fill in supplement J, I think you need to prepare a letter to tell where you will work after getting green card. If you employer has plan to extent your contract, you can mention in the letter.

Please keep in mind, this is just my opinion.

[Sherbs]

I am posting to keep this thread live as it is important topic.

If you are not able to fill in supplement J, I think you need to prepare a letter to tell where you will work after getting green card. If you employer has plan to extent your contract, you can mention in the letter.

Please keep in mind, this is just my opinion.

I am on an open ended contract (at will) and still employed on a H-1b that has 2 years left on it. My employer, which is not the same one I had when I applied for the NIW (I-140), has had nothing to do with the process since I self petitioned so it's going to be very difficult for me to obtain this letter. Fortunately I am still employed in the same field.

[Usform007]

I am on an open ended contract (at will) and still employed on a H-1b that has 2 years left on it. My employer, which is not the same one I had when I applied for the NIW (I-140), has had nothing to do with the process since I self petitioned so it's going to be very difficult for me to obtain this letter. Fortunately I am still employed in the same field.

I understand that your current emplyer has nothing to do with your application. However, he/she still may help you to fill J supp. As I know J supp is to probide evidence that you will have a job in your field after you get green card. Also, you should tell your employer that if I-485 get dennied you have to leave the country probably after H-1b ends.

*this is an opinion*

[Nucleus]

RFE on NIW

I am on an open ended contract (at will) and still employed on a H-1b that has 2 years left on it. My employer, which is not the same one I had when I applied for the NIW (I-140), has had nothing to do with the process since I self petitioned so it's going to be very difficult for me to obtain this letter. Fortunately I am still employed in the same field.

I am in same situation. Applied NIW in 2016 and took 12 months to get approved. I moved another university of same position but got RFE about Suppl J. I consulted many friends and 5 lawyers all they suggested that Suppl J is not clearly required.
I hired lawyer to respond it and he is sending the RFE without Suppl J citing filing instruction. My institution although had agree to sign the Suppl J but I am afraid the two options given there does not apply for NIW. So filing suppl J for NIW seems lying information since I-140 was not based on the Job category. So submit with cover letter explaining why it is not required should work in my view. Many others have done same things if you search in other forum.

[Nucleus]

I successfully self-petitioned under the NIW and filed the i-485 based on this. I just received an RFE to submit Supplement J.

The instructions for Sup J clearly state "Individuals seeking or granted a National Interest Waiver of the job offer requirement and individuals seeking or granted classification as an alien of extraordinary ability under INA section 203(b)(1)(A) **** do not need to file Supplement J. **** "

Has any other NIW petitioner received this particular RFE? What did you/your lawyer do?

My only explanation is that the adjudicator has issued this by mistake. There is no job offer as one was not necessary and my employer will not complete Supplement J. I am currently (and intend to remain) working in the field on my valid H-1b.

Has anyone got an example letter of how I should (politely) argue my case? Or any concrete advice on what I should do?

I had recently got the same RFE and also in similar situation. Changed the job after I-140 was approved but in same field. I consulted 5 lawyers and few of my friends. I also googled it and found everyone has send RFER with citing filing instruction which clearly says it does not require. I hired lawyer to respond it and he also agree that Suppl J is not clearly required. My university was willing to sing the Suppl J but it seems marking either of optioins in Part 1 in Supp J does not fit for NIW. If I do it it means I am lying or misrepresentation of the information since NIW I-140 was not based on job so there is not job protabilty act under INA section 204 applies on it.
In my view, sending the letter why it is not required for NIW should work.

[Sherbs]

I had recently got the same RFE and also in similar situation. Changed the job after I-140 was approved but in same field. I consulted 5 lawyers and few of my friends. I also googled it and found everyone has send RFER with citing filing instruction which clearly says it does not require. I hired lawyer to respond it and he also agree that Suppl J is not clearly required. My university was willing to sing the Suppl J but it seems marking either of optioins in Part 1 in Supp J does not fit for NIW. If I do it it means I am lying or misrepresentation of the information since NIW I-140 was not based on job so there is not job protabilty act under INA section 204 applies on it.
In my view, sending the letter why it is not required for NIW should work.

I have composed a letter noting that NIW petitioners are *waived* of the requirement of a job offer, citing the instructions that clearly say as much and had my employer sign a letter that I am employed in the same field as specified in the I-140.

I have added my last three salary slips to further prove I am actually employed. I will send the package by the end of the week. Fingers crossed that I have saved myself $$$ on lawyers fees and won't need to hire one in an emergency when the NOID comes along...Nucleus please keep me posted on whether you RFE is accepted and I will do the same.

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I understand that your current emplyer has nothing to do with your application. However, he/she still may help you to fill J supp. As I know J supp is to probide evidence that you will have a job in your field after you get green card. Also, you should tell your employer that if I-485 get dennied you have to leave the country probably after H-1b ends.

*this is an opinion*

They are not going to sign supplement J. They also know that the moment I get PR I no longer need them to employ me so they are in no real hurry to help me out. I have another couple of years left on the H-1b so they are not worried.

[Ryan 2018]

I just received the same RFE. After reading the answers, I think it's better to first tell them that it is not necessary to fill this form because the case that we applied is not based on a job offer.

[brucedjones]

I had exactly the same RFE some months ago. My attorney prepared the response but it consisted of the following, cover letter explaining supplement J was not needed but we are doing our best to comply; letter from my employer describing my current employment (same field as petition); paystubs for last 3 months and most recent W2; completed supplement J, but only the applicant part, we left the employer part blank. We also made a request to expedite at the same time since a mistake had been made.

The response was accepted, and our case was transferred to our local field office very shortly afterwards. Best of luck!

[Sherbs]

I had exactly the same RFE some months ago. My attorney prepared the response but it consisted of the following, cover letter explaining supplement J was not needed but we are doing our best to comply; letter from my employer describing my current employment (same field as petition); paystubs for last 3 months and most recent W2; completed supplement J, but only the applicant part, we left the employer part blank. We also made a request to expedite at the same time since a mistake had been made.

The response was accepted, and our case was transferred to our local field office very shortly afterwards. Best of luck!

Excellent news: my package is the same except for the W2 since that was supplied already in the I-485 filing.

I think they just look at the EB2 checklist, which states that Supp J is needed, and then send out the RFE to all who did not submit Supp J, including those who applied under NIW. I also heard that a huge number of people's priority dates will be coming current soon and they are trying to get as many cases out of the way as possible to prepare for the influx (not sure how true this is).

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I just received the same RFE. After reading the answers, I think it's better to first tell them that it is not necessary to fill this form because the case that we applied is not based on a job offer.

Note that you get one chance and one chance only to respond to an RFE so you need to tell them everything in one go.

[Sherbs]

Excellent news: my package is the same except for the W2 since that was supplied already in the I-485 filing.

I think they just look at the EB2 checklist, which states that Supp J is needed, and then send out the RFE to all who did not submit Supp J, including those who applied under NIW. I also heard that a huge number of people's priority dates will be coming current soon and they are trying to get as many cases out of the way as possible to prepare for the influx (not sure how true this is).

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Note that you get one chance and one chance only to respond to an RFE so you need to tell them everything in one go.

I just received a DENIAL because I failed to provide Supp J! Not even a NOID! Arrrrrgh.

[Usform007]

I just received a DENIAL because I failed to provide Supp J! Not even a NOID! Arrrrrgh.

I am very sorry for you. I read from previous comments in this thread that attorney suggests to fill a partial supp J. I wish you knew this earlier. I really hope for you to be able to reapply.

[Ryan 2018]

I just received a DENIAL because I failed to provide Supp J! Not even a NOID! Arrrrrgh.

How did you respond them answering the rfe?
What do you mean by NOID? did they tell you a reason?