Hi Neurosurgdoc,
I agree with you that not everybody is qualified for EB-1. However, it is very clear that NSC and TSC have different standards in judging who deserves the EB-1A approval. The cases that got approved at TSC may get rejected at NSC; the cases got rejected at NSC have chance to be approved at TSC.
It is totally legal to re-submit one's petition, especially when there are things changed after the previous petition. When your re-petition goes to TSC, you have a much better chance to live in a relaxed life. I also think it is totally FAIR to re-submit since people pay their service fees and USCIS has the obligation to get things done in time. The problem is that USCIS, especially NSC, is not doing their job, at least it is not a job well done.
I guess I shouldn't be someone who complains about NSC since I got my EB-1A approved there. However, it was a lot of time, energy and pain. No one would like to go through this process if he/she doesn't have to do. If there is a clear cut on who is qualified as EB-1A/B. I bet most so-called unqualified people won't waste their treasure, in terms of both financially and mentally. Anyway, I think there is nothing wrong with the way that madgu-gc2005 proposed and USCIS should make their regulations more clear and fair through the service centers. Just my opinion though.