Appealing the Denial case of EB-1EA at NSC

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madgu-gc2005

Registered Users (C)
Hi all - especially EB-1 EA and OR guys,

I took a deep breadth after I heard the news of denial of EB-1EA from NSC. Ofcourse I have a back up (EB2-NIW APPROVED).

I am planning to appeal to the decision that NSC made on my case. Ofcourse through my attorney. But I still need your feedback.

Eb1doc: do you have any suggestion what are the documents I need to send? I will write the full story of my case in my next posting. just want to know what do you think about me appealing. Please see this thread that I started today

http://immigrationportal.com/showthread.php?t=237190

I am also thinking to efile another I-140 petition under EB-1EA.
Any suggestion is welcome.
 
madgu-gc2005 glad you took a deep breath. First of all good thing you have a back-up.
Regarding your lack of "Letter of employment" I ask my attorney and she said, this topic is a big issue in the lawyers association , even though is a self-petition USCIS keeps doing this, talk to you lawyer about it. My lawyer said there alot of legal opinions and memos regarding this issuse.

hope you feel better! and good luck on the appeal!
 
Hi madgu-gc2005, Really sorry to hear the denial of your EB-1EA. Regarding the appealing, as far as I know, you need to use the materials that you HAVE submitted with your petition, and you need to show that the INS officer has ignored your evidence/cited incorrect criteria when the judgement was made. Having a concise letter that explains your scientific contribution and employment won't hurt, however, sending too many new stuff won't help. My info may not be very accurate, so please also ask other people's opinions. Good luck.
 
to appeal is definitely a good option to go. Yes you should simply address the reasons led to your denial term-by-term, explaining how you think the USCIS officer has neglected your evidence and clarify each issues, then you should be fine. Not much additional information is needed because the AAO office would only consider the evidence submitted at the time of the initial petition.
wish you good luck!
 
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