You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
EB1-EA denied: RFE for NIW Recieved
- Thread starter prince101
- Start date
sorry abt both!
Sorry to hear about denial and RFE
I checked your posts but haven't seen in details about your background.
Can you thro some light on that to suggest few things.
in general NIW RFE asks documentation on all three prongs.
You need to skillfully tackle all.
Sorry to hear about denial and RFE
I checked your posts but haven't seen in details about your background.
Can you thro some light on that to suggest few things.
in general NIW RFE asks documentation on all three prongs.
You need to skillfully tackle all.
prince101 said:My EB1-EA has been denied. I had responded to RFE almost 11 months ago.
I have received RFE for NIW.
I received both the letters today and can be seen in the attachments.
First thing that is needed according to your NIW RFE, is form ETA-750 part B. You can find this form on the website of the Department of Labor.
As for other questions, I am not sure how to address them, because I do not know your background and what evidence you have already submitted. It looks like they want you to prove EVERYTHING pertinent to NIW. I would start from reading this very informative article (it has been already posted somewhere on this forum, but I have my link, too):
http://www.twmlaw.com/site/resources/immigrant/immigrant9cont.htm
The best of luck!
graduation2003
Registered Users (C)
prince101 said:My EB1-EA has been denied. I had responded to RFE almost 11 months ago.
I have received RFE for NIW.
I received both the letters today and can be seen in the attachments.
Sorry to hear about the denial. Can I ask you a few questions?
1. Did you see LUD change after USCIS received your RFE?
2. Did you get denial by email or mail? Did online message changed?
3. What is your officer code?
4. What is your background?
I replied my RFE three month ago. I did see LUD change for 4 times, but no online message chane.
Thanks for your suggestions. I am still thinking what to do next.
Answers For Graduation2003:
1. Did you see LUD change after USCIS received your RFE?
I did see LUD change only a few days ago for EB1-EA. Before that I always used to see that my RFE was received on August 24, 2004. I did not receive any email. When I clicked case number I did not see any change in the status. For NIW case the LUD changed for the first time last week. It said that I would be receiving RFE.
2. Did you get denial by email or mail? Did online message changed?
I got the denial my mail. As mentioned earlier online message did not change. I was surprised to see the decision letter because I did not get any email. I had been waiting to receive NIW RFE.
3. What is your officer code?
EB1-EA RFE code NSC/BLM310/bmd013
EB1-EA Denial code NSC/BLM310
NIW RFE Code NSC/PWN EX272
4. What is your background?
PhD Biochemistry and 10 years of research experience, 16 papers, 10 meeting abstracts, several research fellowships and awards, several reviews, 13 letters, 7 from outside US (Italy, Germany, Australia, Sweden) 6 from continental US, more than 200 citations some of them with my name in the text. No letters from current employer or friends or colleagues of the department. All of my references are well known (Professors/Directors) and each of them has over 130 publications.
I replied my RFE three month ago. I did see LUD change for 4 times, but no online message change
I feel you will get it. Because you have not received the decision by regular mail after LUD changes.
Answers For Graduation2003:
1. Did you see LUD change after USCIS received your RFE?
I did see LUD change only a few days ago for EB1-EA. Before that I always used to see that my RFE was received on August 24, 2004. I did not receive any email. When I clicked case number I did not see any change in the status. For NIW case the LUD changed for the first time last week. It said that I would be receiving RFE.
2. Did you get denial by email or mail? Did online message changed?
I got the denial my mail. As mentioned earlier online message did not change. I was surprised to see the decision letter because I did not get any email. I had been waiting to receive NIW RFE.
3. What is your officer code?
EB1-EA RFE code NSC/BLM310/bmd013
EB1-EA Denial code NSC/BLM310
NIW RFE Code NSC/PWN EX272
4. What is your background?
PhD Biochemistry and 10 years of research experience, 16 papers, 10 meeting abstracts, several research fellowships and awards, several reviews, 13 letters, 7 from outside US (Italy, Germany, Australia, Sweden) 6 from continental US, more than 200 citations some of them with my name in the text. No letters from current employer or friends or colleagues of the department. All of my references are well known (Professors/Directors) and each of them has over 130 publications.
I replied my RFE three month ago. I did see LUD change for 4 times, but no online message change
I feel you will get it. Because you have not received the decision by regular mail after LUD changes.
graduation2003
Registered Users (C)
prince101 said:Thanks for your suggestions. I am still thinking what to do next.
Answers For Graduation2003:
1. Did you see LUD change after USCIS received your RFE?
I did see LUD change only a few days ago for EB1-EA. Before that I always used to see that my RFE was received on August 24, 2004. I did not receive any email. When I clicked case number I did not see any change in the status. For NIW case the LUD changed for the first time last week. It said that I would be receiving RFE.
2. Did you get denial by email or mail? Did online message changed?
I got the denial my mail. As mentioned earlier online message did not change. I was surprised to see the decision letter because I did not get any email. I had been waiting to receive NIW RFE.
3. What is your officer code?
EB1-EA RFE code NSC/BLM310/bmd013
EB1-EA Denial code NSC/BLM310
NIW RFE Code NSC/PWN EX272
4. What is your background?
PhD Biochemistry and 10 years of research experience, 16 papers, 10 meeting abstracts, several research fellowships and awards, several reviews, 13 letters, 7 from outside US (Italy, Germany, Australia, Sweden) 6 from continental US, more than 200 citations some of them with my name in the text. No letters from current employer or friends or colleagues of the department. All of my references are well known (Professors/Directors) and each of them has over 130 publications.
I replied my RFE three month ago. I did see LUD change for 4 times, but no online message change
I feel you will get it. Because you have not received the decision by regular mail after LUD changes.
prince101, thank you very much for your information. Your background looks strong. You may consider to appeal. But wait to see what your NIW RFE is, then consult with an experienced attorney. BTW, did you file your case on your own? Because the denial letter was sent to you directly. All the best.
graduation2003
Registered Users (C)
prince101 said:My EB1-EA has been denied. I had responded to RFE almost 11 months ago.
I have received RFE for NIW.
I received both the letters today and can be seen in the attachments.
Sorry, prince101. I was just able to open your attached NIW RFE in your previous post. It is a very easy one. Do you have an attorney to help you?
prince101 said:4. What is your background?
PhD Biochemistry and 10 years of research experience, 16 papers, 10 meeting abstracts, several research fellowships and awards, several reviews, 13 letters, 7 from outside US (Italy, Germany, Australia, Sweden) 6 from continental US, more than 200 citations some of them with my name in the text. No letters from current employer or friends or colleagues of the department. All of my references are well known (Professors/Directors) and each of them has over 130 publications.
I replied my RFE three month ago. I did see LUD change for 4 times, but no online message change
I feel you will get it. Because you have not received the decision by regular mail after LUD changes.
Your background looks very strong to me. I would say, your NIW is going to be approved. If I am at your place, I would try to organize the evidence you already have plus get more letters from the U.S. professors. Remember, this is the U.S. national interest, so I would concentrate on few more recommendations from the American scientists (it would be very good to find such people who are willing to endorse you that are somehow affiliated with the federal organizations like NIH, NASA, VA, etc.). Attach their CVs to the letters.
I would try to put an emphasis on certain points in your new cover letter.
1. Discuss in details that the problems you work on are national in scope (I understand that you are in biomedical research, so pull the national disease statistics from the NIH website).
2. Discuss in details your awards, how competitive they are, what foundations gave them to you, try to find out the names of other big scientists who were awarded the same awards in the past. It would be good if people who recommend you mention the significance of your awards in their letters.
3. Give more details about the journals that published your papers, how good are they, what is their impact factor (e.g., the journal is in the top 10% impact factor in the Biochemistry category, etc.).
4. Try to mention every citation that discuss your findings separately (prince 101 found this, prince101 discovered that, etc.).
If you do not feel confident that you are going to make a convincing answer, try to find a lawyer. Preparing an answer to RFE will not cost you much, and again, you background looks very strong to me. You must win your NIW case.
The best of luck!
Last edited by a moderator:
Dear Gpng dl:
Thanks for your suggestions. I did everything for my EB1-EA as well as NIW. Since all evidence for my EB1-EA was thrown into the dustbin by the evaluating officer therefore I do not want to do NIW by myself. Do you have any suggestions for a good attorney?
Thanks for your suggestions. I did everything for my EB1-EA as well as NIW. Since all evidence for my EB1-EA was thrown into the dustbin by the evaluating officer therefore I do not want to do NIW by myself. Do you have any suggestions for a good attorney?
prince101 said:Dear Gpng dl:
Thanks for your suggestions. I did everything for my EB1-EA as well as NIW. Since all evidence for my EB1-EA was thrown into the dustbin by the evaluating officer therefore I do not want to do NIW by myself. Do you have any suggestions for a good attorney?
Sorry, I can not be of much help here since I never hired an attorney for immigration purposes. I can only suggest that you may try contacting well-known and experienced law firms like Mr. Khanna's. The other approach may be that you go local. Ask your colleagues who may have an experience with an immigration attorney. They can recommend you someone in your localty. Or you can just find a directory of immigration lawyers in your localty (via Internet or phone company yellow pages) and go one by one asking whether they have an experience of preparing successful NIW petitions/answering RFE for biomedical scientists. If you are in a big city with few universities, you will find plenty to try. Sometimes they offer a free initial consultation to evaluate your case (I've seen a few such lawyers just to evaluate my case and ask some specific questions, but I did not hire anyone).
The best of luck!
appeal the eb1a decision.
prince101,
i am surprised to see that your eb1a got denied with such a strong credentials.
You can definately appeal this decision.
Which year did you graduate from IISC? in biochemistry dept? just curious..
whats your name? (if you dont want to reveal it, it is fine and understandable).
dont worry and your NIW will be approved.
prince101 said:Dear Gpng dl:
Thanks for your suggestions. I did everything for my EB1-EA as well as NIW. Since all evidence for my EB1-EA was thrown into the dustbin by the evaluating officer therefore I do not want to do NIW by myself. Do you have any suggestions for a good attorney?
prince101,
i am surprised to see that your eb1a got denied with such a strong credentials.
You can definately appeal this decision.
Which year did you graduate from IISC? in biochemistry dept? just curious..
whats your name? (if you dont want to reveal it, it is fine and understandable).
dont worry and your NIW will be approved.
allaboutgc
Registered Users (C)
prince101,
comfort...
Gpnd_dl's advice is very good. Please follow his advice and you will be approved.
God bless you.
comfort...
Gpnd_dl's advice is very good. Please follow his advice and you will be approved.
God bless you.
prince101 said:All of my references are well known (Professors/Directors) and each of them has over 130 publications.
Having big shots writing reference letter is not always a good idea. The official may find that their credential is better than yours. My FRE is an example.
Weird!
This thing is confusing.
If I am asking a senior professor who has 25 years of expereince in research to write a letter -that guy will for sure be better than me (who is just working for last 4 years). But if that senior professor says - I am great.. I guess that should carry good weight
I can ask my friends who work with me OR who dont work with me and who are in same age group to write a letter (thats much easy) - I can collect 100's of them easily. But do these letters carry any meaning!!
I am confused!
This thing is confusing.
If I am asking a senior professor who has 25 years of expereince in research to write a letter -that guy will for sure be better than me (who is just working for last 4 years). But if that senior professor says - I am great.. I guess that should carry good weight
I can ask my friends who work with me OR who dont work with me and who are in same age group to write a letter (thats much easy) - I can collect 100's of them easily. But do these letters carry any meaning!!
I am confused!
Price101,
I was out of station. I am really sorry to hear it. However I believe you need to arrange your documents to show that your future employment-work has national interest in specific area.....I also believe you will get GC after sublitting those documents.
God bless you.
I was out of station. I am really sorry to hear it. However I believe you need to arrange your documents to show that your future employment-work has national interest in specific area.....I also believe you will get GC after sublitting those documents.
God bless you.
do I
Thanks for your support. I have been in touch with several lawyers for the last three weeks. I have myself prepared an appeal for my EB1-EA denial. I am confused and have not yet decided to file it. The deadline for filing the appeal is going to be August 12. I am leaning more towards (~70%) re-filing EB1-EA or EB1-OR. Also I am getting suggestions form experienced lawyers to with draw NIW and re-file that too. Lawyers say chances of getting my NIW approved are very little. Since now I know the outcome of my EB1-EA RFE, I sort of agree with sugestions of lawyers. I may have to do it very fast as I am going to be in the last year of my H1-B from November onwards. I may not get 7th year extension until and unless I have a filed I-140 before November 29th, 2005. I believe that approval depends on the luck as it clearly is the evaluating officer who decides the fate of these type of applications. A good petition or a good lawyer is not the key. One can find objections in any petition if an examiner is determined to find mistakes. In that case they do not even look at the application carefully. For example the reasons for my EB-1 denial are almost the same as mentioned in the RFE although I had answered each and every thing point by point. On top of it my RFE was pending for 11 and 1/2 months. I could get a decision only after I had approached a local senator. On the other hand a person can concentrate only on the good points of a petition and it may get approved. That is why we see several people with lesser qualifications get approved for NIW or EB1. It also depends on the geographical locations. VSC, CSC and TSC are doing much better than NSC.
Thanks for your support. I have been in touch with several lawyers for the last three weeks. I have myself prepared an appeal for my EB1-EA denial. I am confused and have not yet decided to file it. The deadline for filing the appeal is going to be August 12. I am leaning more towards (~70%) re-filing EB1-EA or EB1-OR. Also I am getting suggestions form experienced lawyers to with draw NIW and re-file that too. Lawyers say chances of getting my NIW approved are very little. Since now I know the outcome of my EB1-EA RFE, I sort of agree with sugestions of lawyers. I may have to do it very fast as I am going to be in the last year of my H1-B from November onwards. I may not get 7th year extension until and unless I have a filed I-140 before November 29th, 2005. I believe that approval depends on the luck as it clearly is the evaluating officer who decides the fate of these type of applications. A good petition or a good lawyer is not the key. One can find objections in any petition if an examiner is determined to find mistakes. In that case they do not even look at the application carefully. For example the reasons for my EB-1 denial are almost the same as mentioned in the RFE although I had answered each and every thing point by point. On top of it my RFE was pending for 11 and 1/2 months. I could get a decision only after I had approached a local senator. On the other hand a person can concentrate only on the good points of a petition and it may get approved. That is why we see several people with lesser qualifications get approved for NIW or EB1. It also depends on the geographical locations. VSC, CSC and TSC are doing much better than NSC.
Hi Prince01,
Somehow I am not convinced your argument. It is very much clear that although you filed EA and NIW almost at the same time....you got RFE on EA and then you noticed LUD change on NIW after submission of your EA-RFE-reply.........then you got denial notice on EA and RFE on NIW at the same time.....may be selection criteria on EA and NIW category are different.....my question is that why they hold your NIW for long time. Anyway it is upto you/your lawyer.
God bless you.
Somehow I am not convinced your argument. It is very much clear that although you filed EA and NIW almost at the same time....you got RFE on EA and then you noticed LUD change on NIW after submission of your EA-RFE-reply.........then you got denial notice on EA and RFE on NIW at the same time.....may be selection criteria on EA and NIW category are different.....my question is that why they hold your NIW for long time. Anyway it is upto you/your lawyer.
God bless you.