CSC EB-1 OR/EA/NIW I-140 Tracker

My attorney haven't got the RFE yet.

My attorney haven't got the RFE either. How comes it take so long? Any idea?
 
Today, my attorney got the letter of intent to deny my case which was mailed on Oct. 31. (EB1-OR). However, the good news in that damned letter is that the immigration examiner thought I'm an engineer and not a researcher though s/he thinks I passed the "Outstanding" criteria. So I have a strong rebuttal to prove him/her otherwise.

Thanks to all who responded to me, especially Jaxen.
HFIG
 
Originally posted by HFIG
Today, my attorney got the letter of intent to deny my case which was mailed on Oct. 31. (EB1-OR). However, the good news in that damned letter is that the immigration examiner thought I'm an engineer and not a researcher though s/he thinks I passed the "Outstanding" criteria. So I have a strong rebuttal to prove him/her otherwise.

Thanks to all who responded to me, especially Jaxen.
HFIG
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Hi, HFIG:

It seems that the CSC is now unnecessarily picky on dealing with the EB-1b(OR) case. Back to this April, I also got a RFE, which required me to submit more supporting documents. One of them is stated as :
"Submit an offer of employment in the form of an original, signed letter from: A United States university or institution of higher learning offering the beneficiary a permanent research position in the beneficiary's academic field; or a department, division, or institute of a private employer offering the beneficiary a permanent research position in the beneficiary's academic field".

Actually in my original submitted documents, my job description has clearly stated I am taking a permanent postion at ... doing research work. However, we just didn't send a signed official offering letter -- I am working for a large company where I am doing networking research and development (R&D). My attorney and myself believe that it is because I am working in a private institution that the CSC was asking for such a letter.

HFIG, what is your academic area? Are you working as a engineer (f.g, job title like electrical engineer, etc.) or reseach scientist? BTW, you said you have passed the "EB-1b criteria" as stated in the CSC letter. What does it mean? Has the letter explicitly said you have satisfied xxx of the six points for eb-1b? Thank you!
 
csc-eb1b:

I have not seen the letter myself. My attorney told me the content of the letter on phone. He mailed a copy of the letter to me yesterday. When I get it I will let you know about it. I'm in the field of electronic materials working as a researcher. I hope INS rewards hardworking people like us instead of putting impediments after impediments on our paths.
 
Originally posted by HFIG
csc-eb1b:

I have not seen the letter myself. My attorney told me the content of the letter on phone. He mailed a copy of the letter to me yesterday. When I get it I will let you know about it. I'm in the field of electronic materials working as a researcher. I hope INS rewards hardworking people like us instead of putting impediments after impediments on our paths.
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HFIG:

Would you like to share the feedback you got from the INS?
Thank you!
 
csc-eb1:

I got the letter last night. The letter goes as follows:

"The description of the beneficiary'y duties show that he uses existing principles and technology to solve practical problems and develop effective methods of semiconductor design or related technology such as cellular phones.....it is apparent that the beneficiary's research does not include the type of advanced theoretical research which can be considered comparable to the work of researchers at universities or other institutions of higher learning"

It went on:" Though the beneficiary meets Title 8, part 204.5(l)(3)(i) requirements, the petitioner has not demonstrated that the position meets the criteria specified in section 203(1)(B)(iii)(III)"

Well, it seems to me that my petitioner made a mistake with the job description and functions (engineering tasks) whilst I really do theoretical research. However, I have been given an opportunity to rebut so I keep the fingers crossed. This GC process is a hassle.

HFIG
 
Originally posted by HFIG
csc-eb1:

I got the letter last night. The letter goes as follows:

"The description of the beneficiary'y duties show that he uses existing principles and technology to solve practical problems and develop effective methods of semiconductor design or related technology such as cellular phones.....it is apparent that the beneficiary's research does not include the type of advanced theoretical research which can be considered comparable to the work of researchers at universities or other institutions of higher learning"

It went on:" Though the beneficiary meets Title 8, part 204.5(l)(3)(i) requirements, the petitioner has not demonstrated that the position meets the criteria specified in section 203(1)(B)(iii)(III)"

Well, it seems to me that my petitioner made a mistake with the job description and functions (engineering tasks) whilst I really do theoretical research. However, I have been given an opportunity to rebut so I keep the fingers crossed. This GC process is a hassle.

HFIG
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HFIG:

Thank you for sharing your feedback from INS!
Let's pray that the INS will finally reward the hardworking people like us!
 
Post RFEs

It would be very much appreciated if those you got RFE in this category (EB1-A/B) post their RFEs here on this bulletin board for all to share.

HFIG
 
Post RFEs

It would be very much appreciated if those who got RFE in this category (EB1-A/B) post their RFEs here on this bulletin board for all to share.

HFIG
 
EB1b(OR) Approved at CSC!

Hi,

I just checked the on-line status of my EB-1b(OR) application
and got the magic words "your case has been approved". Here
are some important dates:

ND: Jan.15, 2002
RFE: April.11, 2002
RFE reply: June 19, 2002
Approval: Dec.18, 2002.

May anyone who is still waiting get his/her approval soon!

Thanks.

-csc-eb1b
 
I140-eb1b approved!

My online case status indicates I140 was approved on Dec 19.

What a joy and relief that there were no hassels, though the waiting period over the last few weeks was unbearable.

Details:
RD: 8/6/02
Company: Intel

Good luck everybody who is awaiting their respective I140 approvals. See you on the I485 forums.

Milind
 
I-140 Approved!

I-140 Approved (EB1-b).


Details:

RD: 7/26/02
ND: 7/29/02
RFE: 10/31/02
RFE replied: 11/26/02 (Overnight Delivery)
RFE Received : 12/10/02 (Website notice)
AD: 01/06/03

Good luck and see ya in 485 forum.

HFIG
 
Hi HFIG,

I filed I-140 OR petition in May 2002. Today (Feb 21, 2003) I received the intent to deny letter from them for the same reason, they thought my work belongs to "engineer" instead of "researcher" although they believed I met all the "researcher" requirements. I am indeed doing research work in a private company. Can you shed any lights how did you reply and convince them. I am very thankful for your help.

You have a great day. Hope we all can receive GC soon.

Ahruo
aruo@yahoo.com
 
Hi Aruo:
Since you satisfy the conditions under EB1, you are in better shape. List the theoretical research work you do and mention any theory/mathematical model you have developed which is connected to your work. When you do that, all will be well.
Good luck!
HFIG
 
NIW approved

NIW 140/485 concurrent filing

NIW 140
ND 10/2/02
RFE generated 12/18 received 1/2/03
Responsed 3/04/03 ND from onlin status 3/7/03
AD 3/10/03 from online
just got oringinal approval


485/AP/EAD
ND 10/2/02

still waiting

good luck to you all. see you in 485 forum soon.
 
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