Bad news coming

Very sorry about your development and hopefully things will sort out for you. You should tell the lawyer in plain terms that this is not done. He is not doing you a favor. He is porviding a service for a top notch fee and a standard equivalent to that fee should be expected. In any other profession this would tantamout to a breach of contract and refund of advance payments. On top of that he has the nerve to tell you that he is too busy to work on your case which is nearing deadline.

I think you should let the forum know who this lawyer is so that other can avoid him/her.
 
Your husband's situation

graduation2003 said:
Thank you all. I have an appointment with the university's international advisor in ten minutes. I will keep you guys posted.
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After you finish your appeal, I think you need to focus on your husband's issue too. He is also in a very critial situation (you mention he is using the EAD to work now). I don't want to scare you, but he might be out of status if he doesn't take reaction before the associated I-485 denial comes.

Find a attorney and act quickly!

Best luck!
 
Graduation2003:
I'm so sorry about your case. Hope you appeal succesfully.
I also worried about my case since I have the same officer as your EB-1EA RFE.(Is it EB-1EA case denied? I assume.) It's been a month since I send in the response and so far, only 1 update saying that they received my response and has not been touched again.
Anyway, best luck for your appeal and take care of your husband's status too.
 
Dear graduation2003,

I am very sorry to hear about your case. Hope you will get it fixed really soon and win your case. May God be on your side!

P.S. I would also endorse comments of nikkasingh and honkman. It's a real shame what your attorney has done with your case.

The best of luck with your appeal!
 
Hi guys,

I've sent out my appel letter this afternoon. It should be received by USCIS tomorrow morning. I used Fedex Express same day delivery. I didn't count my cost. I had a meeting with my attorney this morning and finalized the letter. The meeting was not happy each other. Anyway, he finished the letter around noon. Because the firm office is in downtown. I almost got parking violation ticket this morning. I was rush out the door last second and shout out, "I am leaving", but I was not lucky afternoon during I met another attorney. $40 fine for parking violation. I've sent out a check for the ticket. I just want to get rid of the bad luck and have a refreshed myself tomorrow.

I am so tired, but I will keep posting. Also, I would have some questions to discuss with you. I think this forum is not a place only to post person's LUD, RD ND etc.. It should be a learning and research place as well. We don't want to be a law professional. We just want to get some basic knowledge to figure out our questions and use these knowledge to protect ourselves. I still need more time to recovery from this hit, but I believe I will be the final winner. I will be stronger and stronger. Good luck, everyone. I wish everyone is winner. My husband was really like this word when we were playing at Vegas.

I want to thank people who helped and encouraged me in past several days. I will meet two attorneys tomorrow. I will let you guys know.
 
The two denial letters we received last week for my EB1 and NIW. After read over the letters, my impression was that, the two letters are pretty similar. They used almost same reasons and evidences to deny my petitions. Obviously, my two petitons are in different categories, they should use different stands to evaluate my cases. Unforunately, they didn't. It seems the NIW is becoming more and more difficult to be approved. The approved stand of NIW is more closed to EB1. For postdoc researcher, they only have rarely chances to be approved for EB1 and NIW petitions, even though we know some approved cases, the petitioners were only Ph.D. students. Correct me if I am wrong. An attorney said these words to me, "Whenever they smell postdoc, they tight their net". The denial reasons are listed as below,

1. No enough publications
2. No enough citions
3. My name was not metioned in the grant
4. some evidences was submitted with my RFE letter prior the filling date.
5. Postdoc is a temporal job and you are under a training.

In NIW denial letter, they said they don't argue I match first two criterias, but I didn't establish a connection to third criteria.
 
graduation2003,

Is your husband still in status in the appeal process? What did the lawyer or the university say about that point? many people have the same problem.

I appreciate your info!
 
samwhite said:
graduation2003,

Is your husband still in status in the appeal process? What did the lawyer or the university say about that point? many people have the same problem.

I appreciate your info!
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I have met with 5 lawyers yesterday and today. I got two answers:

Answer 1 from my lawyer and the other one:

After my I-140 got NOID (notice of intent dinal), if I appeal (which I did already), my husband still can use his EAD to work and even it is renewable (transfer I-485 to a new I-140) until we get final denial from AAO, then my husband can not use EAD any more. During appeal, EAD is till valid.

If I didn't appeal, the denial decision is final, my husband has to stop working.
His status is still H-4, he doesn't need to leave USA to apply H-4 again.

Answer 2 from other three lawyers:

No matter I appeal or not, since I-485 has been already denied, my husband has to stop working now and leave country to apply H-4 again ASAP.
 
Hi graduation2003,

good luck with your appeal.

if you would like to share, how many publications and citations you have?

also, what does this mean?
4. some evidences was submitted with my RFE letter prior the filling date.

thanks a lot.

graduation2003 said:
The two denial letters we received last week for my EB1 and NIW. After read over the letters, my impression was that, the two letters are pretty similar. They used almost same reasons and evidences to deny my petitions. Obviously, my two petitons are in different categories, they should use different stands to evaluate my cases. Unforunately, they didn't. It seems the NIW is becoming more and more difficult to be approved. The approved stand of NIW is more closed to EB1. For postdoc researcher, they only have rarely chances to be approved for EB1 and NIW petitions, even though we know some approved cases, the petitioners were only Ph.D. students. Correct me if I am wrong. An attorney said these words to me, "Whenever they smell postdoc, they tight their net". The denial reasons are listed as below,

1. No enough publications
2. No enough citions
3. My name was not metioned in the grant
4. some evidences was submitted with my RFE letter prior the filling date.
5. Postdoc is a temporal job and you are under a training.

In NIW denial letter, they said they don't argue I match first two criterias, but I didn't establish a connection to third criteria.
Click to expand...
 
Graduation2003,

So what you got is a "denial notice" or "notice of intention to denial"?

They are very different.




NIW2005RFE said:
Hi graduation2003,

good luck with your appeal.

if you would like to share, how many publications and citations you have?

also, what does this mean?
4. some evidences was submitted with my RFE letter prior the filling date.

thanks a lot.
Click to expand...
 
Sorry to hear about your case.

About your husband's going back to H-4, why can't he just apply for H-4 from here? Why does he have to leave the country? My impression was that if your EAD is cancelled you can always apply for H-4, I may be wrong.
 
graduation2003 said:
I have met with 5 lawyers yesterday and today. I got two answers:

Answer 1 from my lawyer and the other one:

After my I-140 got NOID (notice of intent dinal), if I appeal (which I did already), my husband still can use his EAD to work and even it is renewable (transfer I-485 to a new I-140) until we get final denial from AAO, then my husband can not use EAD any more. During appeal, EAD is till valid.

If I didn't appeal, the denial decision is final, my husband has to stop working.
His status is still H-4, he doesn't need to leave USA to apply H-4 again.

Answer 2 from other three lawyers:

No matter I appeal or not, since I-485 has been already denied, my husband has to stop working now and leave country to apply H-4 again ASAP.
Click to expand...
Graduation2003
Is your husband leaving the country and getting H4 stamped?
 
Chipman said:
Graduation2003
Is your husband leaving the country and getting H4 stamped?
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No, he didn't. We consulted several lawyers in the past week, the most lawyers think that H-4 and EAD are separate issues; using EAD based on I-485 won't terminate his H-4 based on my H-1. He always has a valid H-4 as long as my H-1 is valid.
 
graduation2003 said:
No, he didn't. We consulted several lawyers in the past week, the most lawyers think that H-4 and EAD are separate issues; using EAD based on I-485 won't terminate his H-4 based on my H-1. He always has a valid H-4 as long as my H-1 is valid.
Click to expand...
graduation2003
I am in same situation, if you want to discuss further please send me PM
 
To Graduation2003,

Graduation2003,

I have been here for a while. However, this is my first post.
Thanks for sharing the information. If possible, please share more with your qualifications and refence letters so that we may get something from your cases and you can also find the weak part of your petitions. I checked wth most of your postings. However, I cannot find any information about your qualifications. As you mentioned, this is not just a place to track the LUD. through the forum, we can learn something and do a better job for our applications.

For EB1A, if we are strong enough, it's not difficult to be approved. Three of my friends just got approved from NSC within half year. After tallking with them, I found that they are really strong. They have very high citaions rate (several hundereds) and they were reported on TV or national newpapers. They all filed the petitions by themselves. Their cover letters are only 7-10 page long. For most cases, however, we are not so strong. Another friend's citation is very low, totally less than 10 times. However, he got a significant award. He also got approved after RFE. Whether it can be approved also depends on luck and the immigration officers.

For NIW, it is becoming as difficut as for EB1A. Some friends got RFEs for the third prong asking evidences similar to EB1A. It is really hard to answer. Some reference letters are very strong, stating we are one of top few people or less than 3% etc. However, if we cannot provide enough evidence to support the statements,the reference letters become questionare. Another friend just got his NIW approved last week. His citation is also very low, I think it's 7 times. However, one thing good is that all the letters were written by the referees themselves. Although there are no sentences like "one of few", "less 3%", they have very disinterested comments. This kind of letters are more valuable than others. I think this is the main reason his case was approved (he has 11 papers on so so journals in his field). When I heard this, it was a shock. According to experience of others, he should first get a RFE since his case is not so strong. Anyway, we have to try the best to make our petition more persuative.
 
graduation2003 said:
Chipman, I just sent you PM.
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thanks I got your PM but I can not send you PM becasue you have exceeded stored private messages quota and PM can not accept further messages until you clear some space. Please let me know when you clean up your PM
 
Chipman said:
thanks I got your PM but I can not send you PM becasue you have exceeded stored private messages quota and PM can not accept further messages until you clear some space. Please let me know when you clean up your PM
Click to expand...

Chipman, I have some free space now.
 
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