EA/NIW rejected

[compass]

compass, what was your visa status when your NIW was denied. Did you file for B1? if so,how did you do it? what argument had you used in your NIW appeal? thanks.

When my NIW was denied I had H-1B, but my company was running out of money so I was afraid to loose it; I sometimes was working and sometimes was on a non-paid leave which is fine with status. This is why I was figuring out how to stay in status if I will loose my H-1B.. Later I managed to transfer my H-1 to a university and I was thinking of filing one more I-140 (OR) from there (while my appeal was pending), but at that time my appeal was approved and I-140 approved, so I simply filed I-485...
Details of my appeal are in one of my earlier posting...
Hope this helps...

 

[Joo77]

Joo, NIW was denied in august. It is the usual third prong. I sent in the appeal in september. I still don't know what's going on with it. It is almost three months. I don't even know whether they sent it to AAO.
As for EA, I have not received the decline letter yet; so I don't know its contents. But what ever it is, I plan to appeal it.

Did they send your appeal to AAO?

No, the appeal I290B has to file first to service center, they will transfer the documents to AAO if they stand firmly on their decision. But I think after 60 days from the RD of the I290B, you can call VSC to know the appeal has been transferred to AAO or not. So I think you can call them to know where is your case now. Since I just submit my appeal, I cannot call them yet.

Another thing, I do not think you can appeal an AAO decision. You can maybe only ask to reopen that case. But almost all reopened cases were dismissed by AAO. So I feel AAO's decision is kind of final one. Keep us updated on the progress of your appeal. Good luck!

 

[mayedek]

No, the appeal I290B has to file first to service center, they will transfer the documents to AAO if they stand firmly on their decision. But I think after 60 days from the RD of the I290B, you can call VSC to know the appeal has been transferred to AAO or not. So I think you can call them to know where is your case now. Since I just submit my appeal, I cannot call them yet.

Another thing, I do not think you can appeal an AAO decision. You can maybe only ask to reopen that case. But almost all reopened cases were dismissed by AAO. So I feel AAO's decision is kind of final one. Keep us updated on the progress of your appeal. Good luck!

I called and asked them whether they transfered my appeal to AAO, but I was told that it is taking 30-150 days to process it. On the other hand, the BCIS webpage writes I can call them to learn whether it is transfered or not.
I am not very hopeful especially after they also declined my EA petition.

 

[Joo77]

Just wondered, you did all these by yourself, or through lawyer? Even I did not personally have a good experience with lawyer, I think there are good ones over there. Maybe get some help from them. It is just hard for me to understand how you did not get approval base on your strong background. It is also a little scary for me. I can fully understand your situation and feeling because I am in the same boat.

 

[mayedek]

Just wondered, you did all these by yourself, or through lawyer? Even I did not personally have a good experience with lawyer, I think there are good ones over there. Maybe get some help from them. It is just hard for me to understand how you did not get approval base on your strong background. It is also a little scary for me. I can fully understand your situation and feeling because I am in the same boat.

No lawyer, No kits. However, I feel that a good lawyer may have helped although I still would have done most of the work. Being represented by a lawyer would have effected the INS officer, I guess. The thing is I consulted some lawyers through e-mail at first; and they were not giving guarantees.
So I said, it is not worth spending so much money on a not so sure thing.
My personal opinion, although not represented by one myself, a lawyer can help with NIW. For those who would do everything to stay in this country, I say it is very good investment to hire a lawyer.

 

[mayedek]

gurus, please suggest me some ideas on this. here is the summary:

I had filed 140 in two categories: NIW & EA.
After NIW was rejected, I filed an appeal in sep04, and it has been in CSC for almost 3 months now.
EA was RFEd, and I sent in the information in oct, still pending.
But recently I got a letter saying that my 485 was rejected 'coz the underlying 140 was denied. The online messages for EA140 and 485 have not changed to denial, though.

I called the 1800 number and asked what's going on with my EA140, and i was told that it is with a supervisor. I don't know what it means. I also asked about 485 status, and I was told that nothing would happen before EA140 was processed.

what can I do in this case? thanks!

 

[PH2005]

Why didn't try OR

That's good. First author, decent journals?

all of them first author. top international journals and conferences.

Quote:
about 20 citations,

Seems low. Is that common in your field?
that's common in engineering.

Quote:
tens of review, Invited, not passed down?
all of them invited, not through anybody, coming from all around the world.
(i submitted 130 pages of e-mail communication detailing all review requests)

Quote:
3 session chair, about 10 letters, NSF award.

It's an award, not grant? Because grants don't count.

I know grants don't count. but if you check NSF webpage, this is an award.
although it is money for future, you would not have got it if not partially for past achievements.

All in all I think you have decent evidence. I think part your problem may be your occupation - it seems to me that people in life sciences have better luck with NIW than those in engineering. And of course whenever there's a denial you've got to wonder whether the best possible argument has been made.

well, I thought I had strong evidence in three areas: publications, original contributions, and judge of others work. I thought award and leadership were additional. I have not received the letter, but if I can predict them,
they will say that the burden is on the petitioner.

I think you are much more strong for OR than fro NIW.

PH

 

[mayedek]

approval or not?

hello,
BCIS had been considering my response to RFE for my EA application.
Yesterday I got 4 copies of the following e-mail from BCIS.

"On April 6, 2005, the document we made based on the approval or registration of this case was mailed directly to the person to whom issued."

is my case approved or not?

thanks!

 

[irisyue]

I think you should be able to get EA

I think your credential is great, and you deserve an approval. From what I learned from my engineer friends, 20 citations is a very high number. The engineering school of my university is among the top three in the nation and many professors have only tens of citations.

What I am afraid of is that the INS officers compared you with some people in biology or other scientific fields. It is hard for an engineer to compete with scientists (I am a scientist) on number of citations. I think one way to show the impacts of your work is the number of copies of the journals, where you published your papers.

I think you should be confident you are among the top engineers in your field, even though CIS denied your petition. From there, you can appeal or do something else depending on your will.

Iris

That's good. First author, decent journals?

all of them first author. top international journals and conferences.

Quote:
about 20 citations,

Seems low. Is that common in your field?
that's common in engineering.

Quote:
tens of review, Invited, not passed down?
all of them invited, not through anybody, coming from all around the world.
(i submitted 130 pages of e-mail communication detailing all review requests)

Quote:
3 session chair, about 10 letters, NSF award.

It's an award, not grant? Because grants don't count.

I know grants don't count. but if you check NSF webpage, this is an award.
although it is money for future, you would not have got it if not partially for past achievements.

All in all I think you have decent evidence. I think part your problem may be your occupation - it seems to me that people in life sciences have better luck with NIW than those in engineering. And of course whenever there's a denial you've got to wonder whether the best possible argument has been made.

well, I thought I had strong evidence in three areas: publications, original contributions, and judge of others work. I thought award and leadership were additional. I have not received the letter, but if I can predict them,
they will say that the burden is on the petitioner.