First of all I want to thank all members of this forum for keeping helping people like me to go through the immigration process madness!
I am posting here for the first time although it was the first source of information for me while preparing my petition.
I have received NOTICE OF INTENT TO DENY and need your advice on how to proceed.
My summary:
• Filed self prepared I-140 to TSC through e-file 04/15/07
• PhD in physics from intermediate US university (2005)
• 11 published papers in intermediate and highly ranked journals
• First author paper cited 60 times, others – 110 times, 170 total
• Employed in small R&D company for two years on H1B status, working in physics applications for medical research in obesity and diabetes
The INTENT TO DENY states:
1. not enough proof to wave labor certification
I have used the following: Specialist in multiple disciplines – no category exist in labor certification process to evaluate all my skills.
2. Relative to my employment bringing benefits to National Interest. It states that I have proven that I have accomplished in the field and the field is importunt to national interest but: “There must be proven results and an acceptable level of implementation of such results into society and practices in the field. The evidence submitted does not convince this Service that such level of achievement has been achieved”
I have used published articles, conference presentations, awards and quotes from reference letters.
So far this is what I plan to send in response:
1. Labor certification
• Company is going to apply for grants from USDA, FDA, and DOD (application of our technique in security systems) for various systems development – some of them require residency status of key researchers. Lengthy labor certification will restrict me from being in this grants which will delay systems development and effect national interest.
2. Proven results and implementation
• Since the petition filing, one grant with me as one of the key researchers submitted to FDA was approved. I don’t have yet official approval notice but I’ll try to get something.
• My citations grew a little from 170 to 200 – I will try to present it in a nice form.
• I will get reference letters and statements about company sales increase and instruments overall improvements as a result of work.
If you could give me your opinion on my situation – you’ll help a lot. If you could share additional ideas and answer my questions – you’ll save me!
Questions:
1. How different a reply to INTENT TO DENY from reply to RFE should be?
2. Any ideas how long cover letter should be?
3. What else I could use to justify Labor Certification wave? Couldn’t really find one to look strong.
4. I have read that the documents could get lost in the mail room but people receive INTENT TO DENY or RFE. The advice was to call Service Center and ask. If this is actually happened, do you think they will tell? After all they’ve sent a response meaning that they have the documents.
5. Would the reference letters help me considering the type of proof they ask? If yes – what should be covered in them?
I am ready to fight!!! I just want to make sure that my response will be straight to the point.
I apologies if I am asking too much, but I really need your advice!!!
I am posting here for the first time although it was the first source of information for me while preparing my petition.
I have received NOTICE OF INTENT TO DENY and need your advice on how to proceed.
My summary:
• Filed self prepared I-140 to TSC through e-file 04/15/07
• PhD in physics from intermediate US university (2005)
• 11 published papers in intermediate and highly ranked journals
• First author paper cited 60 times, others – 110 times, 170 total
• Employed in small R&D company for two years on H1B status, working in physics applications for medical research in obesity and diabetes
The INTENT TO DENY states:
1. not enough proof to wave labor certification
I have used the following: Specialist in multiple disciplines – no category exist in labor certification process to evaluate all my skills.
2. Relative to my employment bringing benefits to National Interest. It states that I have proven that I have accomplished in the field and the field is importunt to national interest but: “There must be proven results and an acceptable level of implementation of such results into society and practices in the field. The evidence submitted does not convince this Service that such level of achievement has been achieved”
I have used published articles, conference presentations, awards and quotes from reference letters.
So far this is what I plan to send in response:
1. Labor certification
• Company is going to apply for grants from USDA, FDA, and DOD (application of our technique in security systems) for various systems development – some of them require residency status of key researchers. Lengthy labor certification will restrict me from being in this grants which will delay systems development and effect national interest.
2. Proven results and implementation
• Since the petition filing, one grant with me as one of the key researchers submitted to FDA was approved. I don’t have yet official approval notice but I’ll try to get something.
• My citations grew a little from 170 to 200 – I will try to present it in a nice form.
• I will get reference letters and statements about company sales increase and instruments overall improvements as a result of work.
If you could give me your opinion on my situation – you’ll help a lot. If you could share additional ideas and answer my questions – you’ll save me!
Questions:
1. How different a reply to INTENT TO DENY from reply to RFE should be?
2. Any ideas how long cover letter should be?
3. What else I could use to justify Labor Certification wave? Couldn’t really find one to look strong.
4. I have read that the documents could get lost in the mail room but people receive INTENT TO DENY or RFE. The advice was to call Service Center and ask. If this is actually happened, do you think they will tell? After all they’ve sent a response meaning that they have the documents.
5. Would the reference letters help me considering the type of proof they ask? If yes – what should be covered in them?
I am ready to fight!!! I just want to make sure that my response will be straight to the point.
I apologies if I am asking too much, but I really need your advice!!!