Eb2-niw denied

**fair enough** · 3rd July 2011, 11:13 AM

Hi everyone,

I have posted in this forum before. Figured I owe you guys an update. Yesterday USCIS TSC sent me a letter "denying" my application.

Here are the dates of my application:
June2010 = Application sent
December 2010 = NOID received
July 2011 = Denial received

The reason for my NOID was the fact that my letters are coming from my inner circles. Although this was not completely true, I obtain 4 different letters (including scientists from Harvard, Stanford and NASA) and still got a denial with the same excuse. My lawyer thinks they didn't even bother reading my answer.

I should also say that in the meantime I received the following notices:
1) NOID has received (Jan 2011) allow us 30 - 90 days to respond.
2) (At the end of 90 days) Your case has been given to a different officer
3) A decision has been made and is addressed to your WRONG address, please confirm (address correction made, no response received)
4) Later I contacted with a US-Congressman, explaining the situation, and they told the congressman office that THEY HAVE LOST MY FILE (A true WTF? moment)
5) In the meantime I received a wrong message stating that my green card is in print (which is wrong b/c I havent even filed i-485)

And finally as of yesterday I received a denial...

**fair enough** · 3rd July 2011, 11:37 AM

So the question is, can I appeal this i140 while also applying a brand new case through EB1A? I really believe that I was unfortunate and came across with a terrible officer. Please help me you guys... Thanks.

**BigJoe5** · 4th July 2011, 06:57 PM

Originally Posted by fair enough

So the question is, can I appeal this i140 while also applying a brand new case through EB1A? I really believe that I was unfortunate and came across with a terrible officer. Please help me you guys... Thanks.

Yes, you can file another I-140 in a different category. Be sure to use the same A# if they have assigned one to you. They would figure it out anyway and that would cause a delay. If you were to file another I-140 in the same category, they would put it on hold and consolidate the cases.

**bichkand** · 5th July 2011, 08:23 PM

I have a few questions:

What is a NOID?
Did you apply through an attorney or did it yourself?
What is an A#?

I did a self petition of I-140 NIW in March 2011 with TSC, what do you think when will I get a response?

Thanks

Originally Posted by fair enough

Hi everyone,

I have posted in this forum before. Figured I owe you guys an update. Yesterday USCIS TSC sent me a letter "denying" my application.

Here are the dates of my application:
June2010 = Application sent
December 2010 = NOID received
July 2011 = Denial received

The reason for my NOID was the fact that my letters are coming from my inner circles. Although this was not completely true, I obtain 4 different letters (including scientists from Harvard, Stanford and NASA) and still got a denial with the same excuse. My lawyer thinks they didn't even bother reading my answer.

I should also say that in the meantime I received the following notices:
1) NOID has received (Jan 2011) allow us 30 - 90 days to respond.
2) (At the end of 90 days) Your case has been given to a different officer
3) A decision has been made and is addressed to your WRONG address, please confirm (address correction made, no response received)
4) Later I contacted with a US-Congressman, explaining the situation, and they told the congressman office that THEY HAVE LOST MY FILE (A true WTF? moment)
5) In the meantime I received a wrong message stating that my green card is in print (which is wrong b/c I havent even filed i-485)

And finally as of yesterday I received a denial...

**fair enough** · 6th July 2011, 11:32 AM

What is a NOID?
Notice of Intent for Denial (we are about to deny you for such and such reasons, unless you prove otherwise)
Their reasons for me were : my letter are coming from inner circle (collaborators, colleagues or advisors) and don't reflect objective opinion. retarded but I still obtained letters from people who do not know me personally and filed a response. They rejected my application based on the same reason, clearly they didnt even bother reading my response.

Did you apply through an attorney or did it yourself?\
Attorney, but changed attorneys after NOID, I figured the initial one didn't do a good job clarifying me. I think the whole confusion is initiated because of her way or writing things..

What is an A#?
You got me.

I did a self petition of I-140 NIW in March 2011 with TSC, what do you think when will I get a response?
It is still too early, give it a 6 months maximum, if you don't hear anything contact them and ask for a response.

**fair enough** · 6th July 2011, 11:33 AM

Also, I decided not to go for an appeal, instead I will apply EB1a directly.

**BigJoe5** · 6th July 2011, 02:08 PM

The A# is the main number assigned to an IMMIGRANT and would be the # that ends up on a greencard. This # is associated with your main immigration file. If you end up in a position where you have more than one A#, then they must be consolidated at some point in time. It is better for you if you get that done at a time when it will not be problematic for you. The classic two examples are when an I-485 or an N-400 is delayed due to the late discovery of a second (or third or additional ) A# and A-file that MUST be consolidated before a final adjudication decision may be made in the present I-485 or N-400 case.

**fair enough** · 6th July 2011, 03:29 PM

Thanks for the information... I think applying solely to EB1A without an appeal will solve the problem. Will I be given a new brand new A# in that case?

Originally Posted by BigJoe5

The A# is the main number assigned to an IMMIGRANT and would be the # that ends up on a greencard. This # is associated with your main immigration file. If you end up in a position where you have more than one A#, then they must be consolidated at some point in time. It is better for you if you get that done at a time when it will not be problematic for you. The classic two examples are when an I-485 or an N-400 is delayed due to the late discovery of a second (or third or additional ) A# and A-file that MUST be consolidated before a final adjudication decision may be made in the present I-485 or N-400 case.

**BigJoe5** · 7th July 2011, 11:48 AM

Originally Posted by fair enough

Thanks for the information... I think applying solely to EB1A without an appeal will solve the problem. Will I be given a new brand new A# in that case?

Not if you provide whatever A# they already assigned to you, if they did. Include copy of the prior petition notice (some piece of correspondence), so they can determine IF they assigned one to you already.