Shocking News of Denial of EB-1A at NSC

I feel Madgu you should go for the appeal if it won't take much time and money. Meawhile, you can think of the other options like submitting once again EB1.
What was the major reason they mentioned for the denial? anything specific?
I have seen people getting approval after appeal, I do not remember the web site, I will try to look into it and PM you.
 
EB1-EA RFE from NSC

I had applied for I-140 (PP, at NSC on the 19th of November 2006). I have a year-old Ph.D. in Veterinary Medicine (Molecular Virology, US university). I have total 22 publications (7 from the US in which five are first-authored; rest are from India - total 11 first author papers). I have 37 awards (all of them as a student - two from American Societies, one from a big multi-national pharmaceutical company, 31 from India, others from other places). I have had four fellowships and scholarships. I am a PI in one small grant and co-PI in one NIH funded contract and two pending grants. I have two invention disclosures. Unfortunately, I received RFE on 28th of November. I have to submit the responses by Feb 22, 2007. I have the following queries:

1. The RFE contained all the 10 points listed (as has been for most others)

2. The first point said that "USCIS acknowledges that you have received several accolades, particular granted to students but the documentation does not explain the merit of the organization, significance of the award, and the selection criteria.
But, we filed all these along with our original application. However, once I got the RFE, I have asked these Societies to provide a document stating the needed information. Now, my lawyer thinks that we should not include these becos' they pertain to student honors. COULD ANYONE SUGGEST IF WE CAN INCLUDE THESE DOCUMENTS IN THE RFE RESPONSE, SINCE IT WAS SPECIFICALLY POINTED OUT OR ASKED FOR?

3. I am also a reviewer of a online-journal. The USCIS has asked for the selection criteria to serve as reviewers to this journal. I asked the editor and he said that the criteria is a PH.D. and publications. COULD ANYONE SUGGEST IF WE CAN INCLUDE THESE CRITERIA IN THE RFE, SINCE IT WAS SPECIFICALLY POINTED OUT? ARE THE CRITIERIA WORTH MENTIONING?

4. I have requested 3 additional letters (one from a member of National Academy of Sciences). Is this enough or should I get more?

5. My papers have been cited well (not very high.... but 7-10 and by researchers from different countries). I just had another citation when the RFE came back. Will that help?

Please give your valuable suggestions. Thank you.
 
Couple of suggestions

Dear Madgu,

I agree with sagn that you should change your title to something like "Research Scientist". As sagn said, the title of "Research Assistant" typically refers to someone without a Ph.D. degree and the word "assistant" does not sound good when one spells only the first three letters of it.

You can talk to secretatry or department chair in your department office to change the title. It would be an easy task and should not cost your boss a penny. Just explain to her/him about your situation.

With the new title and other things in hand, I suggest you file another EB-1EA I-140 petition. Of course, I would appeal the denial at the same time if I were you.

Good luck!
 
dgrajan, my question to you is if you have claimed that you qualify for a criteria in your original application, can you ignore that when you reply for RFE? Is that your lawyer suggesting?

Also try to get more independent expert letters.
 
Freemann said:
Dear Madgu,

I agree with sagn that you should change your title to something like "Research Scientist". As sagn said, the title of "Research Assistant" typically refers to someone without a Ph.D. degree and the word "assistant" does not sound good when one spells only the first three letters of it.

You can talk to secretatry or department chair in your department office to change the title. It would be an easy task and should not cost your boss a penny. Just explain to her/him about your situation.

With the new title and other things in hand, I suggest you file another EB-1EA I-140 petition. Of course, I would appeal the denial at the same time if I were you.

Good luck!
Click to expand...
Is there any rule or restriction to apply for another EB1-EA if the previous one is pending or denied?
 
EB1 EA denial one example after appeal

I just read the appeal denial of an EB1 EA case submitted to california center.
The candidate is a PhD in chemistry from India, 5-6 publications and 30 citations,
the appeal committee says that the 5 citations not sufficient to claim EA category and self and coauthors citations will not be counted.
CSIR fellowship is not counted as an award
Patents are not counted,
Reviewer in journals like (organic chemistry, one more journal in chemistry) are not counted as judging others work.
Membership in ACS is not even counted as a membership in scientific society.
so basically reading it, come to the conclusion that the appeal will be a disaster. What more they want???????? I lost all hope in getting an approval?
Please read it if you have time!

http://149.101.23.2/graphics/lawsregs/admindec3/b2/2005/jan1805_01b2203.pdf
 
eb1a-query said:
Is there any rule or restriction to apply for another EB1-EA if the previous one is pending or denied?
Click to expand...

there are not rules, but they said is good to wait a couple of months...but u never know, if it goes to TSC i might get approved fast and easy..
 
good_y said:
I just read the appeal denial of an EB1 EA case submitted to california center.
The candidate is a PhD in chemistry from India, 5-6 publications and 30 citations,
the appeal committee says that the 5 citations not sufficient to claim EA category and self and coauthors citations will not be counted.
CSIR fellowship is not counted as an award
Patents are not counted,
Reviewer in journals like (organic chemistry, one more journal in chemistry) are not counted as judging others work.
Membership in ACS is not even counted as a membership in scientific society.
so basically reading it, come to the conclusion that the appeal will be a disaster. What more they want???????? I lost all hope in getting an approval?
Please read it if you have time!

http://149.101.23.2/graphics/lawsregs/admindec3/b2/2005/jan1805_01b2203.pdf
Click to expand...

Thanks good_y for sharing the information. I went through the appeal denial letter and I found the wordings in this appeal denial were used in my denial letter too. What USCIS director is talking about - scientist means they should publish papers and reviewing papers is their duty to do. What I am understanding here is the case is denied USCIS does not want to revert their decision even if they get appeal from the petitioner. I am giving a second thought. I do not know where the wisdom lies.

You will get your approval. do not worry.
 
what does it mean

Hi:

I replied RFE 12/28 for EB1-EA. I saw LUD today and 01/03. But today there were several missed call (fax calls). I found my fax machine is out of order. I dont see any approval/denial in USCIS homepage. what can I do?

Sagn
 
sagn said:
Hi:

I replied RFE 12/28 for EB1-EA. I saw LUD today and 01/03. But today there were several missed call (fax calls). I found my fax machine is out of order. I dont see any approval/denial in USCIS homepage. what can I do?

Sagn
Click to expand...

what was the fax no.? can you retrieve? did you apply on your own or you filed through attorney? till today there is no change in online message in my case. so now online message does not mean anything. that is what i think.

Good luck
 
sagn said:
Hi:

I replied RFE 12/28 for EB1-EA. I saw LUD today and 01/03. But today there were several missed call (fax calls). I found my fax machine is out of order. I dont see any approval/denial in USCIS homepage. what can I do?

Sagn
Click to expand...
Hi Sagn,
Did you hear anything from USCIS. please update
Thanks
 
MyEB1_2006 said:
Madgu,

Sorry to hear that.

I feel you can try again though. Thats what i plan to do if my application is denied.

good luck!
Click to expand...
My EB1-2006,
Did you see any LUD or change in your status?
Thanks
 
good_y said:
Hi Sagn,
Did you hear anything from USCIS. please update
Thanks
Click to expand...


Sure I will. Until this morning I dont see any change. I will call monday, if I dont see any LUD.

Sagn
 
madgu-gc2005 said:
what was the fax no.? can you retrieve? did you apply on your own or you filed through attorney? till today there is no change in online message in my case. so now online message does not mean anything. that is what i think.

Good luck
Click to expand...


I could not retrive the fax number. I applied on my own. RFE was handled by a lawyer.

Thanks

Sagn
 
Please don't waste your time and money in appeal

I am sorry to hear about your EB1 denial. I have been through this before. I made appeal. Result :mad: wasted 11 months for appeal outcome. In my opinion don't waste your productive time. Try to submitt undersome other category.
Goodluck.
 
krcsp said:
I am sorry to hear about your EB1 denial. I have been through this before. I made appeal. Result :mad: wasted 11 months for appeal outcome. In my opinion don't waste your productive time. Try to submitt undersome other category.
Goodluck.
Click to expand...

Thanks krcsp for letting me know. Yes i have gone through the appeal cases and most of them under EB-1EA are negative and so i have already decided that I am not going for APPEAL. I have EB-2NIW approval and my PD is sep. 2005.
 
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