EB-1 EA denied, need help!!

I really appreciate Honkman's advice. For the new OR petition, I remember somewhere on the I-140 form, you have to answer if you have filed any immigration petition before. What consequences of my EA denial will have on my OR petition?

My I-140 EA applcation was filed to NSC. Now I am going to send OR application to VSC because of recent relocation. When I first requested my current employer to sponsor my OR petition, I did not let them know that I had filed EA petition before. I don't know how I should inform them of this EA denial now. Please give me some ideas. Thanks.
 
chiron said:
I filed my EB-1 EA by myself on March 2004 to Nebraska Center, receive the RFE on Feb 2005. In the RFE, they just list the 10 criteria for the EB-1 EA petition and ask for three of them.

I met 8 of them. And the most important is that I have 6 patents, two of them are licensed and been reported by TV and newspaper on the new inventions. But in the denial letter, they just say this can not be considerred since these proofs were presentated after the initial file on 2004. The denial letter was received yesterday, no sleep at all.

What I can do now? I was learned from a paralegal that it usually took several years to appeal. Is it right?
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Hi,

For EB1 cases, USCIS only looks for the evidence that is available at the date of the original petition. Since you seem to have provided the evidence for your patents after the petition was filed, it is not going to be considered evidence in support of the petition. One thing I would suggest that you do some research (on EB1/EA) and file a new petition yourself in a few months (assuming you have a valid status to continue the work) and make sure that you write a good (actually great) cover letter addressing the various points you want CIS to agree that you qualify for.

I wish you all the best and do not worry.

Guru
 
Thanks Guru for the kind words! I am now relying my company for OR petition now. My company is very small, around 20 people. Not sure if it will success.
 
chiron said:
Thanks Guru for the kind words! I am now relying my company for OR petition now. My company is very small, around 20 people. Not sure if it will success.
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Don't worry too much about the size of your company. I know people from very small companies who got their OR without any problems but from big companies, as for example Novartis, had a lot of problems. The size of your company doesn't matter. A lousy petition is a lousy petition independent from which company and a excellent petition is a excellent petition. You should worry most about the quality of your cover letter and your evidences this time.
 
Your guys are just great! Thank you Honkman, Alien_Simba, Lao-Yi, Guru, topew, and educatecat! I am going to write the appeal letter now on this weekend first, then start the next petition soon.
hey, could anyone share a good appeal letter with me since I can't find a good and trustee lawyer in such a short time? You could send to my personal box here. Thank you! Thank you! If I am ever success in appealing, I will share all my knowledge on this forum.
 
appeal info

chiron,
I did give my appeal info earlier (sorry, I do not have it handy now) in some of my posts, please search under my name (however it was appeal for NIW and not EA, my lawyer filed it and it worked!)
 
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