EA rejected after RFE at NSC

P

patford

Registered Users (C)
This info may be useful for some guys there prearing for application:
Case history:

I didn\'t use lawyer. Filed in July 2001 at NSC, got RFE on Nov 2001, responsed to RFE on 12/22/01 and a denial on 2/2/02.

Case info: got PhD in 2000 from BIg 10 school, 13 publications (5 are top internation journals);
15 ref letters (inc 5 for RFE) from US, China, Canada, UK, Sweden, Germany;
review 6 internation journal papers; 6 citations; some samll awards (school); 2 memberships; employed by Big 3 as R$D engineer.

Main reason for denial: INS said I met 2 criteria, but lacks 3rd one. Not enough citation; membership is just a \'Member", not in" senior or fellow level". They did not mention at all about "review papers" (actually this is one criteria INS required: as a Judge...) in their rejection letter.

I am thinking if I\'ll appeal to AAU. Since my company sponsors me outstanding researcher, I may not go ahead with appeal.

Seems to me INS tighterns requiremnets if people is not sponsored by an employer now. Don\'t know, just a bad luck for me.
 
No Title

What 2 criteria they say that you have? Publications and original contribution?

How many citations will be enough?
 
2 met

It\'s original and publications, they are met.

I don\'t how many citation is enough. I saw some guys have fewer citations and got approved in EA.
 
Citation counts, but not critical.

On Form-140, there is a requirement of "Published material (written by others) about the alien in professional or major trade publications. That is, an article mainly talks about you or your work. Citation fits in this requirement loosely.

sxh is definitely outstanding and accomplished. But GC has a different rules of game. Appeal will waste your time and money. sxh\'s EB1-OR case will be an average case, not strong at all in the sense of EB1 qualifications. sxh\'s RFE indicates the EB1-EA more or less met the minimum requirement. But I am afraid you do not have strong support letters and cover letter.

I got EB1-OR approval without RFE with these disadvantages: PhD from bottom 10 Univ. in US, working for a family business with less than 10 employees (I am the only PhD), no journal paper bearing my name as the first author, no support letter from PhD advisor, no attorney, .... FYI, I do have some positive facts: two ministry-level awards from China, high-level membership in a society, reviewed one paper, session chair in an international ocnference, >10 papers in conferences, and best of all, Immanuel!
 
To eb1tsc

Hello,

i have question for you. Hello Folks,

I had filed for I-140 EB1-OR. The receipt notice says that they recieved petition for EB1-EA. However, my approval notice says that this petition has been approved for EB1-OR

I did not see this as my lawyer gave the receipt notice to me recently alongwith my I-485 receipts.

I am now concerned if INS will make a huge deal about this mistake.

Thank you in advance for any inputs and experiences.

Rajashenoy
 
To eb1tsc

Hello,

i have question for you.

I had filed for I-140 EB1-OR. The receipt notice says that they recieved petition for EB1-EA. However, my approval notice says that this petition has been approved for EB1-OR

I did not see this as my lawyer gave the receipt notice to me recently alongwith my I-485 receipts.

I am now concerned if INS will make a huge deal about this mistake.

Thank you in advance for any inputs and experiences.

Rajashenoy
 
Your eb1OR, to Patford

You have a better chance for eb1OR. However, your case is not strong. First, you do not have 3 yrs of experiences after your PhD; if you want INS counts your yrs of PhD candidate, you need to be extraordinary during your graduate studies. You have publications, original contributions, some citations. Your memberships will probably not be counted, like your petition in EA. Your supporting letters are critical. Big 10, letters from other countries will not help whole a lot. You will waste your time to appear EA decision.
 
If...

For the EA case, Patford just lack one more category. If Patford gets
a session chair, plus he already served as reviewers, do you think
his case will pass?
 
OR already approved--from Patford

Actually my OR was approved before EA last year. But I switched to a big company. Now I need to re-apply OR with my new employer.
 
Even his EA case, approval or not,

depends who read it. OR has better, predictable results. He may get it approved if the petition is well organized.
 
What does RFE say?

Did your RFE mention that you already satisfy two categories and
you need more evidence for other categories? Thanks
 
Is there any negative efffect to the future GR application?

I am sorry to hear this. Can you submit your petition again? Does this failure have some negative effect to your future GR application?

Thanks.
 
You must log in or register to reply here.
Top