EB1-EA denied - Urgent help and advice ??

T

toprasad

Registered Users (C)
My EB1-EA pettition recently got denied and there were a lot of grounds they pointed to, which makes even the appeal tougher and not encouraging.

- I do not have any underlying valid visa to substantiate status
My O visa the basis for my EB1-EA expired Sep 30th 2004.
- I had an approval of Labor and I-140 with my previous employer - Sep 2001
Can I join my previous employer if he could do the labor substitution?
Can I use the I-140 too?
Would that put me in status if I apply for I-140/I-485 concurrent?
 
Immediately, catcha good lawyer and file for MTR. My friend's EB1-EA (self-filed) was outrightly rejected (without even a RFE) and the rejection letter was for almost 8 pages. He was denied on every category. He went to a lawyer and and filed a MTR with some additional letters. His case was approved within 20 days after filing. Best wishes for you.
 
Please consult a lawyer. But I am pretty sure that you can join your previous employer and epply for the 485 directly. It should also save your status (unless your employer revoked the labor / I-140 or gave your labor to someone else).

You should also review the decision in detail. If you feel that their interpratation of certain important things is wrong, you should appeal. In my case, the RFE letter had a few misinterpretations and they approved my case when I clarified the same points in detail and with more evidence.
 
pls help on EA-EB1 denial

pdramesh2000 said:
Immediately, catcha good lawyer and file for MTR. My friend's EB1-EA (self-filed) was outrightly rejected (without even a RFE) and the rejection letter was for almost 8 pages. He was denied on every category. He went to a lawyer and and filed a MTR with some additional letters. His case was approved within 20 days after filing. Best wishes for you.
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hi - my EB1-EA (i140 and i485) was recently denied (Jan 24th, VSC) - my lawyer tells me it's not worth appealing, and I'm doubting here b/c my case is not very strong - a couple of questions please:

a) when do you file a motion to reopen? My denial letter says I should file for an appeal (which lawyer says can take anywhere from 6 to 18 months)

b) what's the downside, if any, of filing an appeal?

c) do you know whether your friend did a MTR or appeal? and what service center was it?

d) i'm about to move to a different state, where the corresponding service center is the Texas Service Center. Can I file a new EB1-EA in Texas while the appeal for the one that was denied by VSC is pending?

Thanks!
 
Well. I am sure he filed MTR. Appeal takes longer than MTR and hence his lawyer filed for a MTR. Apparently, at many places in the denial letter USCIS used he and she repeatedly. Lawyer took this point and argued that he application was not read properly. In twenty days he was approved. Yesterday he told me that the file was approved on the same day MTR appln. was received. So please give a shot immediately. Only issue is this is a costly process.
 
Intent to Deny on EB1/2 filings

I filed my EB1/2 in Nov. through a prominent law firm to TSC. Feb 26, on line case status showed that one of the applications got withdrawn, while neither nor my attorney had filed a withdrawn.
My attorneys send a letter of suggest the contrary. In response they recieved acknowledgement of the mistake , but an intent to deny with request for more evidence and refernces.
Should I withdraw and re-file EB1/2 or pusue this case with supportive evidence. Thougts about future chances give self-withdrawl versus denial on a prior application.
 
pdramesh2000 said:
Immediately, catcha good lawyer and file for MTR. My friend's EB1-EA (self-filed) was outrightly rejected (without even a RFE) and the rejection letter was for almost 8 pages. He was denied on every category. He went to a lawyer and and filed a MTR with some additional letters. His case was approved within 20 days after filing. Best wishes for you.
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HI Pramdesh
I am waiting for a rply to an EB1-EA myself. So you posting arose my interest"
do you have any insight why the MTR works better than the original ? Do you file at a service center or the AAO ?
Could I also get the name of the lawyer ?
jetzt
 
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