Eb1- Ea Rfe Help !

P

Pranav_Dalal

New Member
I got a RFE stating that
The evidence does not establish that beneficiary qualifies for alien of extraordinary ability in sciences. Explanation

The beneficiary has rather recently received his Ph.D. and he has recieved some considerable recognition for his research. However the recognition he has received does not appear to amount to the sustained national or international accalaim required for the e-a classification.

You have submitted letters for various expers, and although they contain praise, the caliber of that praise is mixed. It is often the praise of senior scientist about an extremely promising younger colleague.

and in the end they say
You may also wish to consider changing your request to advanced degree professional with a NIW.

My question is can I rescue this petition with some letters from international people...or is it a lost case ??

Thanks
Pranav
 
it seems that you did not establish your case;

now it is hard to fix it. Think about other catagories.
 
Can you elaborate your case!!

Would you mind elaborating your case?
your profession
your center AC no.
your RD, ND, RFE date
Appreciated
 
my qualifications

B.S. India
Ph.D. from Case. Wes. Res. Univ. Cleveland, OH
Post-Doc for > 1 year
5 Papers and 9 Conference presentations.
Member of two societies.
Six ref. letters (from my post doc and grad. dept and one from a collaborator)
One award from the dept.
Judged grad. student presentations twice.
VSC- EAC-02-085-5****
ND 01/14
RFE -3/4
 
weakness

work on the weakness:
post Dr title, weak;
papers and presentations count 2 criteria;
your memberships, hornory? if not, do not count;
Judging graduate student presentations does not meet "judge" requirement, if you are a PhD student commiittee member, would count.
 
extraordinary ability does not mean graduating from college

Hi
congratulations for graduating from college
Now get off the EA line and let the real EA try their luck - I am applying for EA with a Doctorate and 3 MA/PHd level diplomas, and a 17 year career in 3 countries with some real achievements - go apply somewhere else
thank you
 
Dalal graduated with a

PhD, his case is weak but not hopeless.
In this board, you should help people, be kind.
If you are so good, why didn\'t you apply long time ago? Please post your qualifications and let people know who should apply EA and who should not.
 
Applying in the right category

An individual of extraordinary ability is one who belongs to that "small percentage" who have "risen to the very top of the field of endeavor".

I am being helpful to people who respect the law and don\'t try to fool the INS - it is with applicants who abuse the system that the system is amended and made more difficult for people who deserve the qualification - you don\'t lie on your CV to get a job, you know that will get you fired , so why would you tweak the reality and pretend that you are EA when you are a recent graduate ? just get H1 or O or another EB, and give the INS a break, they are not here to help you flout the law

and my application is nobody\'s biz but mine

have a good day
 
You are no judge

Hey pabcbc,

you remind me of a self conceited fool, by applying yourself an extraordinary ability EB1 and then asking others not to. By just wasting 17 years in a field doesnot mean that you have achieved EA. Eienstein have developed his theory at 25 years of age, And I can give many more examples. So it does not matter at what age you do it, but what matters is how you do it. By definition, EA is for likes of Einstein\'s. And once you are of that capabilty you really do not need to go through these stupid formalities. Everything is taken care of. And once applying in EA category and feeling insecure that others are fooling around with INS (thats INS job) and you will not get the EA shows the lack of confidence you have in your capabities. Any way I dont wish to spoil your chances, I already have my NIW approved (1 year of experience after phd) and only thing I wish is that INS should be more objective in their acts. Applicants will apply in whatever category they wish, Its INS who should be more careful in the judgement of guys like you who after a 17 years of wasting time need some tangible proofs of recognition.
 
you only have 2 hard qualifications, so you

should emphasize on strong RFE letters. Those letter should point out that you posses talent which is quite unique and irreplaceble in the US. A mere mention of excellent or top-notoch research is not enough.
 
what\'s this crap?

Hey prehistoric abc, you seem full of crap! I just got my 140 approved for EB1-EA, with less than 6 months post-doc experience. I "graduated" with PhD in mid-2001 with a mediocre University. Please don\'t give bad advice and try to smell good. If you have the smartness in you, and some luck, you\'ll get it, no matter what. Of course, fools like you will never get it even with 2 decades of unflinching "experience". And that\'s the bottom line.
 
qualifications

Sure, PhD Chemistry 2001, 2 yrs experience before starting graduate work primarily outside of US, 4 papers in best journals in field, 10 recommendation letters, a number of citations and mention in other important papers, no memberships, defense- and environment-related research - first of its kind acknowledged by people from two different National Labs, sponsored by employer. Service Center: NSC.
 
No Title

HI EBEA

I am also applying as Ph. D. in Chemistry. Will you be willing to share the details of your petition and recommendation letter. If possible please send me an e-mail at bbmthcl@yahoo.com

Thanks
 
No Title

You need to establish your case strongly.

1. Send more letters of recommendation stating the importance of you in the filed of your study not just that you are good. Attach (wherever possible) CV of the persons writing the letters. Be very strong about the wordings.

2. Present the importance of the field you are working in. If it is research in medical field, give statistics of the disease/issue you are doing research on. So, how your research will affect the health and welfare of people of US.

While you are waiting for the response to your RFE, you can file EB1-OR simultaneously, if your employer is willing to sponsor. In that case you do not need to prepare anything more as all your EB1-EA papers will apply there. EB1-OR is little easier than EB1-EA as it has a sponsor.

Good Luck!
 
Consider NIW

It seems that it would be far easier to argue that the presence in the US of a person who has less experience but is extremely bright and promising (as demonstrated by the letters) is in the National Interest than it is to show that someone who recently got a Ph.D. is at the very top of their profession. Both are possible but why not do it the easy way.

BTW, in my opinion the case described sounds a bit weak and INS is strongly questioning it. I\'d say there is a significant chance of denial.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
I agree with Jim

To me it is almost imposible to rescure this case, it is intent to deny.
You may withdraw this application and submit NIW application following the direction.
 
EB1-EA -RFE

I appreciate if someone answer my questions regarding REF.
I filed petition (I-140)my self under EB1-EA (sciences) category. I filed the petition in February first week and got the receipt in the third week of Feb. After 6 weeks a I checked the AVM and it says a notice was mailed asking for further evidence (I have not received the notice yet).
1. Can I hire a lawyer at this stage? If yes,How much will be charged by attorney.
2. Who is the best lawyer in Northern California or any other place in USA for EB1-EA in sciences.
3. After submitting the further evidence, how much time INS take to make a decision and what are the chances of approval.
4. Can I keep my options open (i.e filing in another category (EB1-OR)at this stage.
5. Currently I am working as neuroscientist, with the present occupation (postgraduate researcher) can I apply under EB1-OR with director/supervisor signature on I-140 petition or do I need another offer letter with another designation from my current employer.

Thank you
 
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