Denial letter from CSC

S

StDyn

Registered Users (C)
Unfortunately, I got denial letter today.
For your information, primary reasons of denial are such as below,

1. USCIS were not convinced that your technology is extremely beneficial for US

2. USCIS don't have confidence that your contribution will be national level than local interests.

My brief background is,


Ph.D. in foregin country
1. Three years of Research Associate in good state university.
2. 27 papers including 3 journal papers.
3. Current position is Senior Engineer of US Government Contractor.
4, Participated in several numbers of projects sponsored U.S. Dep. of Defense (DoD) and
5. Managing two projects sponsored by USDoD with Special Security Permit

6. Recommendation Letters
- 5 very strong reco letters from U.S. Federal government agents
- 4 very strong reco letters from foreign government agents
- 2 very strong reco letters from the presidents of worldwide companies
- 3 very strong reco letters from the professors of the US state universities
- 1 descriptive reco letter from US congressman leading DHS Division
- 1 descriptive reco letter from US GSA (General Security Agency) agent

7. Papers are not enough but I expected it could be compromised with careers and recos.

I hope all of you to refer to my case for your database to increase success possibility.

I will try everything what I can do from now, such as,

1. Apeal to CSC
2. Re-filing to TSC
3. PERM

One other option is EB1-OR, however, I'm afraid I have too small papers for this case. Please share your opinion. Your advices are desperately necessary now.
 
StDyn,

I am sorry to hear the bad news. I used to be in the same situation and I know exactly the feeling. But you need to stay positive and do not let the stupid cis ruin the joice of your life. I have the following personal opinions:

1) too many letters from government agencies might have negative effects based on the adjudicator's personal point of view.

2) independent support letters from technical experts with details of your individual contributions/achivements are very important. do not just give general praises, be specific.

3) number of publications is not a decision maker, so is the number of citations. i have seen people with 2 or 3 papers and almost no citations got approved for EA. concentrate on explaining the quality of the papers, ideally supported by independent expert letters.

4) OR is sometimes easier if you have a permanent position, because it has specific criteria to meet (2 out of 6) while NIW criteria is flexible and up to the officer. My NIW was denied earlier this year. My company filed OR with the same documents and it was approved without question.

5) File MTR/Appeal with new independent letters and other materials within 30 days. AAO is approving lots of NIW cases recently. My appeal was approved after 8 months. It takes some money and time, but it is worth the efforts because you could keep your old PD. Refile it. File OR also if possible.

Keep fighting! Let us know how it goes.

Anyway, it's no big deal.
 
Eb1-OR

Sorry to hear about denial
Personally after seeing your background I feel you were teh best candidate for EB1-OR. You said 27 papers !!!!! 3 journal papers and what are 24 other are they posters and abstract. I have colleauge from china who had 32 papers like this but actually 3-4 papers in journals and rest were either published abstract or posters. He got it! I beleive his secret was presentations of his abastracts!!!!!! to ...what i mean is he presented these abstract as if they had tremendous impact!! he also presented letters from thos e people who had seen his abstracts/poster!!! If you are research associate you can ask for permanent position letters. Ther eis thin line of differenec between RA and post doc....depend a lot on univ and human resource
 
i'm sorry to hear about it
but what does "27 papers and 3 papers in journals" means?
You had no lawyer to file this application, right? I think that EB1 is the only category where experienced lawyer is absolutely required. As was mentioned above, in EB2/3 you just need to meet several well defined criteria whereas in EB1 your green card really depends on the quality of coffee the certifing officer had this morning.
well presented case is the must here, so if i were in your shoes, i wouldn't try to save money here...
P.S. i'm not a lawyer or represent any lawyer.
 
michvin said:
i'm sorry to hear about it
but what does "27 papers and 3 papers in journals" means?
You had no lawyer to file this application, right? I think that EB1 is the only category where experienced lawyer is absolutely required. As was mentioned above, in EB2/3 you just need to meet several well defined criteria whereas in EB1 your green card really depends on the quality of coffee the certifing officer had this morning.
well presented case is the must here, so if i were in your shoes, i wouldn't try to save money here...
P.S. i'm not a lawyer or represent any lawyer.
Click to expand...
Well depends how internet savvy you are!
Most of my friends in research circle did self preparation of EB1 and have had success!!!
 
StDyn said:
Unfortunately, I got denial letter today.
For your information, primary reasons of denial are such as below,

1. USCIS were not convinced that your technology is extremely beneficial for US

2. USCIS don't have confidence that your contribution will be national level than local interests.

My brief background is,


Ph.D. in foregin country
1. Three years of Research Associate in good state university.
2. 27 papers including 3 journal papers.
3. Current position is Senior Engineer of US Government Contractor.
4, Participated in several numbers of projects sponsored U.S. Dep. of Defense (DoD) and
5. Managing two projects sponsored by USDoD with Special Security Permit

6. Recommendation Letters
- 5 very strong reco letters from U.S. Federal government agents
- 4 very strong reco letters from foreign government agents
- 2 very strong reco letters from the presidents of worldwide companies
- 3 very strong reco letters from the professors of the US state universities
- 1 descriptive reco letter from US congressman leading DHS Division
- 1 descriptive reco letter from US GSA (General Security Agency) agent

7. Papers are not enough but I expected it could be compromised with careers and recos.

I hope all of you to refer to my case for your database to increase success possibility.

I will try everything what I can do from now, such as,

1. Apeal to CSC
2. Re-filing to TSC
3. PERM

One other option is EB1-OR, however, I'm afraid I have too small papers for this case. Please share your opinion. Your advices are desperately necessary now.
Click to expand...

Sorry to hear, i think u should file to TSC if you can (I am assuming u can since you have mention in your post), they are very lenient compared to any other centers.

Personally nothing matter most then how your present your application, I had a friend, who had 125 journal articles with very good research area and got rejected due to poor presentation.

I think you should apply for MTR/appeal and you will get it. Mean time try to apply for EB1-OR or Eb1-EA

best wish
 
Sorry to hear the bad news. I recall you mention in niw_csc tracker that you got reference before. Can you share what they are referencing at that point? Did they also ask for national scope and beneficial to US in the reference? Normally, I don't think national scope is hard to prove.

StDyn said:
Unfortunately, I got denial letter today.
For your information, primary reasons of denial are such as below,

1. USCIS were not convinced that your technology is extremely beneficial for US

2. USCIS don't have confidence that your contribution will be national level than local interests.

My brief background is,


Ph.D. in foregin country
1. Three years of Research Associate in good state university.
2. 27 papers including 3 journal papers.
3. Current position is Senior Engineer of US Government Contractor.
4, Participated in several numbers of projects sponsored U.S. Dep. of Defense (DoD) and
5. Managing two projects sponsored by USDoD with Special Security Permit

6. Recommendation Letters
- 5 very strong reco letters from U.S. Federal government agents
- 4 very strong reco letters from foreign government agents
- 2 very strong reco letters from the presidents of worldwide companies
- 3 very strong reco letters from the professors of the US state universities
- 1 descriptive reco letter from US congressman leading DHS Division
- 1 descriptive reco letter from US GSA (General Security Agency) agent

7. Papers are not enough but I expected it could be compromised with careers and recos.

I hope all of you to refer to my case for your database to increase success possibility.

I will try everything what I can do from now, such as,

1. Apeal to CSC
2. Re-filing to TSC
3. PERM

One other option is EB1-OR, however, I'm afraid I have too small papers for this case. Please share your opinion. Your advices are desperately necessary now.
Click to expand...
 
Thank you 'nobigdeal'.
Your kind comments make me recharge my energy.
There were two reasons I chose NIW than OR.
1. I don't have enough journal papers. Most of my papers (except 3) are proceedings of conferences and more over about 12 of them were in foreign language.

2. My research area is defense technology - most of the projects are sponsored by US Department of Defense and I am participating in the projects with special security permission to handle some level of critical technology. I was confident to show my research is beneficial for US in national scope. Who can imagine that defense technology development sponsored by US government is not national interests?

Please keep in contact with me. I think I need more of your advice.

nobigdeal said:
StDyn,

I am sorry to hear the bad news. I used to be in the same situation and I know exactly the feeling. But you need to stay positive and do not let the stupid cis ruin the joice of your life. I have the following personal opinions:

1) too many letters from government agencies might have negative effects based on the adjudicator's personal point of view.

2) independent support letters from technical experts with details of your individual contributions/achivements are very important. do not just give general praises, be specific.

3) number of publications is not a decision maker, so is the number of citations. i have seen people with 2 or 3 papers and almost no citations got approved for EA. concentrate on explaining the quality of the papers, ideally supported by independent expert letters.

4) OR is sometimes easier if you have a permanent position, because it has specific criteria to meet (2 out of 6) while NIW criteria is flexible and up to the officer. My NIW was denied earlier this year. My company filed OR with the same documents and it was approved without question.

5) File MTR/Appeal with new independent letters and other materials within 30 days. AAO is approving lots of NIW cases recently. My appeal was approved after 8 months. It takes some money and time, but it is worth the efforts because you could keep your old PD. Refile it. File OR also if possible.

Keep fighting! Let us know how it goes.

Anyway, it's no big deal.
Click to expand...
 
Thank you eb1doc for your suggestion.

As I mentioned in 'nobigdeal's reply, I thought NIW is more appropriate for my case than EB1-OR.
I just discussed with my lawyer filing EB1-OR at the same time of re-filing.

By the way, do you think it will be approved with such a small accomplishment of papers? - 27 papers (3 journal, 24 proceeding: no citation: 16 english and 11 foreign langage)

eb1doc said:
Sorry to hear about denial
Personally after seeing your background I feel you were teh best candidate for EB1-OR. You said 27 papers !!!!! 3 journal papers and what are 24 other are they posters and abstract. I have colleauge from china who had 32 papers like this but actually 3-4 papers in journals and rest were either published abstract or posters. He got it! I beleive his secret was presentations of his abastracts!!!!!! to ...what i mean is he presented these abstract as if they had tremendous impact!! he also presented letters from thos e people who had seen his abstracts/poster!!! If you are research associate you can ask for permanent position letters. Ther eis thin line of differenec between RA and post doc....depend a lot on univ and human resource
Click to expand...
 
howardniw said:
Sorry to hear that. May I know how long did it take to get the rejection letter from the submitted day?
Click to expand...

01/18/05 filed concurrently, I-140, I-485 CSC
05/27/05 RFE issued
08/15/05 RFE RD
11/21/05 Case denied

You can get more detail of my history somewhere of this site. Please search for detail.
 
michvin said:
i'm sorry to hear about it
but what does "27 papers and 3 papers in journals" means?
You had no lawyer to file this application, right? I think that EB1 is the only category where experienced lawyer is absolutely required. As was mentioned above, in EB2/3 you just need to meet several well defined criteria whereas in EB1 your green card really depends on the quality of coffee the certifing officer had this morning.
well presented case is the must here, so if i were in your shoes, i wouldn't try to save money here...
P.S. i'm not a lawyer or represent any lawyer.
Click to expand...

You're right. Experience lawyer is one of the most important ingredient to get approval. I hired one of the most famous and largest law firm in LA area. I am already spending enough money because of same idea as you. To make the case sure, I decided to spend more money. I will re-file NIW and file OR at the same time and start PERM also. Thank you for your advice and I am happy to hear the same opinion that I got.
 
poker_031197 said:
Sorry to hear, i think u should file to TSC if you can (I am assuming u can since you have mention in your post), they are very lenient compared to any other centers.

Personally nothing matter most then how your present your application, I had a friend, who had 125 journal articles with very good research area and got rejected due to poor presentation.

I think you should apply for MTR/appeal and you will get it. Mean time try to apply for EB1-OR or Eb1-EA

best wish
Click to expand...

Your friend's case relieved me. I want to think bad luck as one of primary reasons of denial.
By the way, could you explain the difference between EB1-OR and EB1-EA?
 
xterm said:
Sorry to hear the bad news. I recall you mention in niw_csc tracker that you got reference before. Can you share what they are referencing at that point? Did they also ask for national scope and beneficial to US in the reference? Normally, I don't think national scope is hard to prove.
Click to expand...

I don't think, either. As I mentioned, I am working on several projects sponsored by US Department of Defense and Department of States. And I have special security clearance permission to participate in those projects issued by US Army and US Department of Defense. In 'notice of denial decision', CIS commented as,

They are not convinced that it's beneficial for US.
And also, they are not convinced that my technology on defense is national scope.

I really don't know what other evidence they want.
 
StDyn said:
Thank you poker_031197. Again, I fully agree on your comment.
I cannot control luck but I can pray.

So, since I have permanent job, is OR more advantageous for me?
Click to expand...


I will tell u my honest opinion, I have seen many people get EB1-OR get approved without any credentials and many can’t get with excellent credentials.

Eb1-OR is easier when compared to NIW when you have permanent job and over three (depends on if you have PhD or not) years of experience in research or teaching

I would say you should apply for Eb1-OR if money and time are not issues and simultaneous apply for LC through PERM
 
I partially agree with poker
After permanent position, job experience its impotant to have crendential but then its very important to present teh credentials.
your proceedings and poster presentations will hold values if they are discussed well in letters.
citation if less can also be covered by letters.
 
eb1doc said:
I partially agree with poker
After permanent position, job experience its impotant to have crendential but then its very important to present teh credentials.
your proceedings and poster presentations will hold values if they are discussed well in letters.
citation if less can also be covered by letters.
Click to expand...

pls. do you think they read all ur letters line by line?

i think your cover letter with ur extended resume holds key plus how you present them too. I never said that your research experiences or job description don’t have any values. Infact they are, they tell you whether you should go for Eb1-OR or PERM-LC.

Keep in mind how u present ur application is very important step when u apply for EB1-OR/EA or NIW

If you have any funded proposals and any award (actual awards) Big plus

Coming back to letter of recommendation, one should always try to get it from national labs, government agencies, from international universities and labs, US universities, and at last one or two from big companies. All of then should talk about importants of your research work/scope etc.
 
Last edited by a moderator:
poker_031197 said:
pls. do you think they read all ur letters line by line?
Click to expand...

My answer will be yes!
I was amazed by reading RFE of my cousin recently on EB1-OR case. They had quoted letter content and Based RFE on thos shortcomings in the letters.
They do read leters sir!!!!!
 
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