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Thread: I140 EB1B OR denied

      
  1. #1

    I140 EB1B OR denied

    I can not believe that it happens to me.
    Here is my background.
    1. biomedical scientist at contracted national lab.
    2. 2005 ph.d graduated
    3. 20 papers (9 during phd, 11 during work)
    4. 124 citations.
    5. 5 media reports.
    6. 7 invited review to other manuscripts.
    7. 4 regular memberships.
    8. 3 student awards.
    9. 8 recommendation letters, including one from Academic Science Member of USA

    Critique from USCIS.
    1. the awards the beneficiary has recieved were student awards, don't meet the criteria.
    2. the beneficiary's membership in the scientific orgranization does not contain any information about the membership requirement.
    3. the majority of these cited articles were written and published while the beneficiary was a student.
    4. the beneficiary has judged the work of others by judging written material before it is published.
    5. the evidence of the alien's work in original scientific or scholarly research contributions was again primarily done while the beneficiary was a student.
    6. evidence of the alien's authorship of articles, again, the majority were done while the beneficiary was a student. a few were published in 2006.
    7. the beneficiary does not have the three years of experience in either teaching or research since he obtained phd in 2005.

    what should I do? do I need a appeal?

    My situation is kind of complicated.

    I got the academic offer as a tenured-track professor, and I will change the job in Oct.

    I don't know whether I should
    1) rebutal this decision before I change the new job?
    2) reapply again based on new employer.

    if option 2, can I still apply EB1B-OR category if I have previous denied record.

    many many thanks, I am so sad for my situation.

  2. #2
    Quote Originally Posted by firer View Post
    I can not believe that it happens to me.
    Here is my background.
    1. biomedical scientist at contracted national lab.
    2. 2005 ph.d graduated
    3. 20 papers (9 during phd, 11 during work)
    4. 124 citations.
    5. 5 media reports.
    6. 7 invited review to other manuscripts.
    7. 4 regular memberships.
    8. 3 student awards.
    9. 8 recommendation letters, including one from Academic Science Member of USA

    Critique from USCIS.
    1. the awards the beneficiary has recieved were student awards, don't meet the criteria.
    2. the beneficiary's membership in the scientific orgranization does not contain any information about the membership requirement.
    3. the majority of these cited articles were written and published while the beneficiary was a student.
    4. the beneficiary has judged the work of others by judging written material before it is published.
    5. the evidence of the alien's work in original scientific or scholarly research contributions was again primarily done while the beneficiary was a student.
    6. evidence of the alien's authorship of articles, again, the majority were done while the beneficiary was a student. a few were published in 2006.
    7. the beneficiary does not have the three years of experience in either teaching or research since he obtained phd in 2005.

    what should I do? do I need a appeal?

    My situation is kind of complicated.

    I got the academic offer as a tenured-track professor, and I will change the job in Oct.

    I don't know whether I should
    1) rebutal this decision before I change the new job?
    2) reapply again based on new employer.

    if option 2, can I still apply EB1B-OR category if I have previous denied record.

    many many thanks, I am so sad for my situation.
    I think this is the main one
    the beneficiary does not have the three years of experience

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