EB-1a RFE from VSC help!

D

daradoudou

New Member
Hi all,

I got a RFE from VSC for my EB-1a case filed on April 5 2005 (I-140/I-485 concurrent). It basically questioned everything I submitted and especially asked for (1) citation numbers of my publication and (2) reference letters from people outside the field; and (3) number of times as a journal referee.

I guess my case is not very strong and was wondering whether it's worth responding to the RFE. Here is my background: phd in geology graduated in March this year from a top university; now a postdoc in the same university, 3 publications, only 3 citations total, served only once as a referee for a journal; 4 very good recommendation letters from professors and collegues and 2 letter from outside the university (unfortunately these two letters are from collaborators). For the RFE, I can probably get more independent support letters, but the publication and citation number cannot be changed.

I'm also thinking maybe I could apply for NIW instead. Can I apply for NIW before I filed this RFE or do I need to wait afterward?

Thanks!

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I wish I had been to this board before I filed my case!
 
How much more time do you have before you need to reply to this RFE.

It is my opinion that nothing stops you from filing another I-140 (say NIW) anytime between now and when you respond to this RFE. and while it appears that you dont have a very strong case for EB1-EA, you dont lose much by trying to fight it out. Even for your subsequent NIW case, you will be better off with more letters, so you can ask folks for two letters, one worded for EA and other for NIW.
 
Thanks for the kind suggestion. The responses need to be submitted before Oct. 29, so I got roughly 2.5 months.

If I apply for 1-140 NIW and could luckily get approved, can the 1-485 submitted concurrently with my EB1-EA be transferred to my NIW approval or do I need to submit a new I-485?
 
Since you don't have any big award either, your case is weak for EB1A.
You should submit NIW as soon as possible and switch your I-485 to NIW.
If your EB1A is denied, your I-485 will be dined too.
 
NSC-NIW05 said:
Since you don't have any big award either, your case is weak for EB1A.
You should submit NIW as soon as possible and switch your I-485 to NIW.
If your EB1A is denied, your I-485 will be dined too.
Click to expand...


I always wonder why people giving the advice so easily to apply for NIW without knowing the background of a person. NIW is in my opinion even more compliacted at this time to get than EA. And a denied EA doesn't strengthen the NIW case. Before you apply for NIW make sure that you work is really in the national interest. With your current credential I would at least at this point say your chances for EA are very small and biggest chance is to get very good letters from completely independent scientist and in your case it will be necessary that they have a very high reputation (Nobel prize level).
 
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