I need help!!!! This is a very serious concern to me and my family (including my babies).
I received a denial letter on my NIW (i-140) 2 weeks ago from NSC. I guess they don't like my qualification. I'm not sure if I need to appeal it. Please help me on this if anyone knows or has similar case with mine. Below is my story:
Assistant Professor in public health (with Ph.D., MPH, MA)
6 publications in HIV/AIDS and substance abuse (b or c journals in the field but all scientific articles in the US)
Principal investigator for about $46000 grant (funding from state gov't agency) - this one was not acknowledged in both letter to NSC (interesting to know why they did not consider it)
more than 20 citations on my articles
higher salary (more than $70000/y)
peer-reviewer of 3 scientific journals
8 reference letters from people that I know of
2 supportng letters from indepdent journal editors
my 6 year H-1b expires in 10-29-06
I-140/485 concurrent application (1-3-05)
RFE received and response sent out to NSC in early September
Denial letter arrived (12/29/05)
I did myself for the inital letter (1-140 application) but hired later an attorney for RFE - it was my mistake hiring a lawyer who never filed or prepared NIW and even NIW RFE responding letter.
Of the 3 factors in Matter of NY Dept Transportation, first 2 being met, but the last one is not met, according to their decision letter. It states, "the Service can't conclude that the petitioner presents a prospective benfit that will serve the national interest to a substantially greater degree than that of a qualified US workers with similar qualifications and/or work experience. The petitioner has not demonstrated that it would be contrary to the national interest to potentially deprive an employer of his services by making the offere position available to qualified US workers. No evidence has been presented to establish that the benefit conferred by the petitioner's field of endeavor would be defeated or that the national interest of the United States would be adversely affect if a labor certification were required."
My working visa expires in coming October. I'm not positively sure if I need to appeal this decision. If I appeal, I have to do it alone. No money to hire lawyer....Anybody appealed with this similar case? What's the fee for I-290B? The letter says at the end of the letter a fee of $110 shhould be accompanied, but I=290B require a $385 fee... which one is right? Also, how long does it take to get their decision for I-290B?
I would greatly appreciate if anyone can share or respond to this. Thanks very much.