EB-1 EA denial No RFE/NOID

cerruti2827

Registered Users (C)
as i mentioned earlier, i got denial notice email after less than 3 months of applying fo EB-1 EA.
After reading threads here, I think I will be appealing as well as reapplying.

Could anyone please recommend expert attorneys in EB-1 EA (which i would like to use for reapplying) my previous attorney was S. Jeffries (NY) .
 
guys i see a lot of hits on my post but none of you is making any comment.
Please help if you know of any thing.
thanks
 
I am physician with three subspecialties. Stefen Jeffries prepared the EB1 EA application. They sounded very confident and assured me that my case is strong and that they had very good record in filing such applications.

I have only received email notice which says 'denial notice sent' There was no RFE or NOID prior to this. WHen i checked yesterday, the date which appeared in processing time for TSC was july 23, 2007 and it still is the same.

How is it that I received denial today
-when I filed application on May 2, 2008
-there was no RFE or NOID
-does that mean my case was really really bad that they didnt even bother to ask for further evidence?

we are still waiting for actual notice in mail to see what the reason was.

My EB2 NIW is still pending but now i am very skeptical

As for qualifications, they argued about my medical subspecialties, complexity of my job, few publicatgions, few citations, couple of reviews of other books, journals, international presentations etc. I had 8 reference letters, 6 were from independant referees( 2 international) and were really strong letters.

again, i am still surprised that my friend who submitted similar application to TSC in september 2007 is still waiting for any kind of response and i received this notice just in three months.
 
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As far as the 3-month time-frame is concerned, it varies from application to application. My application was approved earlier this year too (june '08) within 4 month time-frame. Incidentally, I applied thru S. Jeffries firm as well.
My best wishes for your re-application.
 
Dear cerruti2827
For EB1A or EB2 NIW especially for physicians outcome is very unpredictable. It depends on officer who handled the case. Outcomes of EB1 or EB2NIW are usually not linked. My NIW was approved and EB1 was denied as initial step. EB1 was approved after re-submission
My petition was done by Jeffries.



I am physician with three subspecialties. Stefen Jeffries prepared the EB1 EA application. They sounded very confident and assured me that my case is strong and that they had very good record in filing such applications.

I have only received email notice says 'denial notice sent' There was no RFE or NOID prior to this. WHen i checked yesterday, the date which appeared in processing time for TSC was july 23, 2007 and it still is the same.

How is it that I received denial today
-when I filed application on May 2, 2008
-there was no RFE or NOID
-does that mean my case was really really bad that they didnt even bother to ask for further evidence?

we are still waiting for actual notice in mail to see what the reason was.

My EB2 NIW is still pending but now i am very skeptical

As for qualifications, they argued about my medical subspecialties, complexity of my job, few publicatgions, few citations, couple of reviews of other books, journals, international presentations etc. I had 8 reference letters, 6 were from independant referees( 2 international) and were really strong letters.

again, i am still surprised that my friend who submitted similar application to TSC in september 2007 is still waiting for any kind of response and i received this notice just in three months.
 
Wait for your denial letter, to see what it says to find out why.

Your description of your qualification is too short. The folks in this forum usually do self-evaluation and self-analysis. We show our qualifications according to the possible claims that we can make. Since we don't have Nobel Prizes, we need to fulfill at least three of the ten criteria. For research scholars here the possible claims are:
1. National or international award(s)
2. Memberships of professional associations
3. Authorship of scholarly work
4. Significant contributions to the field
5. Judge of others' work in the same field
6. Media report

Check out the USCIS website for the original description on the requirement of EB1EA. Check out the previous threads on the EB1EA qualifications. There are tons of them.

Your 'medical subspecialties, complexity of my job' doesn't seem to count into any of the above claims, no help. 'few publicatgions, few citations, couple of reviews of other books, journals, international presentations', that is too simple. It's hard for us to comment. It sounds like you don't care whether you qualify or not, or you don't know what you are dealing with. The quantity and quality of the publications, citations, reviews and presentations are very important! The USCIS could easily argue that all you described is what is required for a regular researcher. What you presented doesn't give them any reason to grant you EB1EA, since you just described a normal job of a normal scholar. Don't get offended. What I meant is that you need to show the evidence to the USCIS that you are superior, the top 1-2% in your field, to show them that your qualification satisfy the criteria. In another word, the petition letter and the evidence determines your case. The letters sound OK since you have 6 independent references. The content of the letters is very important for EB1EA. What you considered 'strong' letters may not be considered 'good' to the USCIS's eyes. Again, the letters need to show the evidence to support those criteria, otherwise, useless. In the support letters, simply saying you are top 1% in the field without any concrete evidences doesn't count anything, and it is 'not strong' in the USCIS's eyes.

I still remember a case: an Assistant Professor of mathematics who has more than 40 journal papers got denied in his EB1EA. Why?

Even though you go through the firm, still you need to keep an eye on what they do to your file. I suggest you to study the criteria of EB1EA, and study the petition letter the firm did. What criteria did the petition letter claim, what evidences did the letter use to support the claims, ... You may have a better idea from there, and we may help you from there if you show us the petition letter.

Lot of us did the self-petition in this way: collect the evidence to make the claims, we need to claim at least three of them. It's a word game in a sense.

Don't get discouraged too much. Once you learn, you know how to do it, by yourself.
 
ajasha- thanks for encouraging words

llp1- Thanks for taking time and writing. i agree with you on many of your comments; yes, you are right in saying, i dont have much idea about what I am dealing with. I left it all to the attorneys who claim to be expert in these petitions with very high success rate( as per them).

I will look at the application and write specific details of what criteria were argued for. The letter templates were written by attorny and most referees signed them without changing much. They were from France, Canada, Harvard, John Hopkins, Vanderbilt and other internationally renowned universities from USA.

Now, I am going to review the links here as well as USCIS web site. I have also asked the attorney to send me whole copy of the application they sent. I will review all and use my brain to generate/modify the application. In the end, you are write, its largely word game.

My EB2-NIW is pending through same attorneys. I am skeptical about it and preparing myself for similar outcome.
 
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Try to do as bullet-proof job as possible

Criteria for EB1 EA and EB2 NIW are becoming stricter. try to make a bullet-proof case by self-study and honest presentation. See what they are expecting and how far you come close to those bars. Be honest. Play with words does not mean dishonesty. Instead, it means sound presentation. This roughly implies sound diagnosis-lot of common sense, intuition but lot of data-symptoms, lab results. As medical science is not perfect science but best guess. Likewise, every case is unique and discover the EA aspect by self-research and weigh evidence. USCIS means evidence based outcome. Good, thorough prep. is a key. Keep an open mind if you get unpleasant decision. Life is learning and raising the bar for ourselves. It is a challenge but it is fun. Try hard but accept every outcome. Bounce back with better credentials and proove your fire (EA) if you think you deserve it. In the process, you will always excel.

Llp1 and NSC are right on target. I am just eleborating it further.

Good luck.
 
I will look at the application and write specific details of what criteria were argued for. The letter templates were written by attorny and most referees signed them without changing much. They were from France, Canada, Harvard, John Hopkins, Vanderbilt and other internationally renowned universities from USA.

Now, I am going to review the links here as well as USCIS web site. I have also asked the attorney to send me whole copy of the application they sent. I will review all and use my brain to generate/modify the application. In the end, you are write, its largely word game.

Your NIW may sail through.
The firm only uses templates, which means your case is similar to the other cases. While for EB1EA, you need to show that you are better than most of the others. You are the one that can best present your qualifications, not the attorneys. Use the attorney's templates as samples, study by yourself and draft the documents by yourself. This forum will help you when you prepare the file by yourself. Not saying that you should fire your attorney, just that retaining an attorney doesn't mean that you can sleep at it.
 
Don't get this the wrong way but I don't think you are even remotely qualified for EB1-EA. NIW might work, depending on your specialty and a very good petition. Get a different law firm. NIW petitions have to be drafted very carefully. You are trying to explain difficult science to an IO who might not even have a high school degree. Good lawyers are also unfortunately expensive. I paid about $10k total with fees. If you pay a lot less, chances are you are getting a lot less.
 
This is an update;

As you may see above, my EB-1 was refused without RFE/NOID in less than three months of filing. I had applied EB-2 NIW which was also denied.

I reapplied for EB-1 with some additional material and it was approved with no RFE.
 
>> I reapplied for EB-1 with some additional material and it was approved with no RFE.

That basically sums up in one sentence how broken the system is. I doubt your qualifications improved drastically since the denial. You just got lucky and were assigned a different IO. What a mess.
 
Congrats! Do you mind sharing whether you used same lawyer or a different one.
This is an update;

As you may see above, my EB-1 was refused without RFE/NOID in less than three months of filing. I had applied EB-2 NIW which was also denied.

I reapplied for EB-1 with some additional material and it was approved with no RFE.
 
nscagony:

I prepared the second EB-1 mostly. I added significant amount of material which I didnt even think of before, like requests from international institutions about my work, advise etc. The lawyers did not guide me how to pull citations. So, its not a mess, its how the information is presented.
 
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