Eb1-or rfe

tufguy

Registered Users (C)
I received an email from CRIS yesterday that they have sent me the RFE on my EB1-140. My attorney has not received the notice yet so we do not know what exactly they need but I suspect it may be related to submitting more documents to support my credentials.
At the time of filing last year, my credentails were a little weak but I believe my credentails have improved during last one year.
At the time of filing I had following particulars -
5+ years of full time research experience including 3 recent years with one of the largest defense contractors.6-7 publications, 5 external citations, 1 Emerging Scientist award within my organization (No of employees 20,000+), 6 patent applications at various stages including one which is in the final stage right now, selected as peer reviewer on 2 national level expert panels, 6 letter of recommendation (1 from Army, 1 Defense contractor, 2 foreign,1 univ, 1 from my org.). 4 out of these 6 recommenders I have never worked with earlier.
I knew my no. of publications and citation count were very low at the time of filing but during last one year, my publication has increased from 7 to 13 with 5 of them DOE reports with me as an author. The citation count has increased from 5 to 20 with 12 of the new citations from foreign.Also received 7-8 email invites from various conferences, journals to come present my work. I have also provided lot of technical assistance in 6 other DOE reports but since I am not listed as an author, not sure whether I can use them.
Anyways, I do not know yet what the RFE is about but since we have limited time after the rceipt of RFE to respond, should I start contacting the foreign ppl who cited me for some letters or should I wait for the RFE to arrive in my hand?
Thx
 
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I hate to break this to you but one of the main problems with such petitions is that USCIS officers insist to see evidence that you were qualified for the category at the time the petition was filed. Therefore, you can submit an updated list of citations for publications you had as of the date you mailed the petition - even if these were cited after you mailed the petition because the actual cited paper was published before. You cannot use new publications you have had since you mailed the petition as evidence that you qualify for the category. You have to build your case using the materials you had published or produced as of your petition date, not after.

Yes you can contact people who cited you for reference letters - that is okay. And if they cited the papers that you had when you initially filed the petition, that's good - and even if they found out about you afterwards, they can still write you letters of support. But actual evidence such as new papers, email invitations, etc etc must be dated on or before your petition filing date, unless the new evidence directly pertains to the materials you had produced earlier (such as citing your previous papers). Most RFEs will contain the words "As of the petition date...", yours may as well.
 
In my case I used letters from the people who cited my work and also from editors for whom I reviewed articles. Also try to collect letters from different countries. I had some citations and publications those came out after my initial petition but I used all of them to respond to RFE. I think you should also highlight your current achievement that would indicate that still you are doing well in the field.
Give your best shot and leave rest to God....
Good luck
 
RFE Received

Okay, My attorney just forwarded me the RFE. It is very confusing to me. In the attachment, it has listed the basic requirements for all 6 criterions and have asked me to submit evidence for 2 of the 6. Attorney thinks this is a very easy RFE and we just need to re-iterate the points presented earlier. He thinks people at INS have been lazy and they didnot go through everything in detail so they sent generic RFE. But I donot think so. I am afraid my case was not presented properly. My credentials have gotten a little better with some more citations of my articles. Hopefully we can present the facts better this time around.
 
They lose the documents you submit with the I-140 all the time so they just send you a generic RFE and make you resubmit. I just wonder where there store these piles and piles of documents they lose.
 
The more I read this RFE, the more I get confused. They have not even used words like "If applicable" before each requirement. It is ditto copy of generic requirements. To me this means one of two things - Either they never looked through my initial paperwork (Either they lost it or were too lazy) or they think it is piece of crap and wanted to see if I have any additional evidence to submit before they send a denial!
Did anyone else here get similar generic RFE? My attorney says he has seen such RFEs and recently INS have been issuing more of such generic RFEs.
 
If they list all the criteria it means, they were not convinced by the evidence you provided. Please resubmit the old and new evidence. I disagree on the fact that you cannot submit new evidence- publications. My friend had a similar RFE he submitted a lot of new evidence-not citations but publications and he got accepted. Go ahead think clearly and give your best shot. Remember RFE also means that they did not want to reject your application.
 
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