EB1A Approved After RFE

S

Sydney

Registered Users (C)
Lawyer called yesterday informing me that my EB1A I140 has been approved. Checked online and saw the magic words. I still want to get the paper approval notice before celebrating too much (in case there is some online gremlin). I filed my I485 semi concurrently - don't see any change in status as yet. Lawyer said that in some instances the 485 are being approved at the same time in others there is a lag of a few months

Brief history:

- EB1A I140 Filed: Sep 2002
- I 485 filed in March 2003
- Straight Denial both I140 and 485 (No RFE): January 2005
- RFE issued in March 2005 - I never appealed. I guess there was a rash of denials in Dec/Jan and USCIS decided to open up some cases on their own.
- RFE submitted June 30, 2005
- I 140 approval Aug 1, 2005

I am pleasantly surprised as I was not convinced that it was worth responding to the RFE.

Background in management consulting - undergrad engineering, MBA from a top 5 school.

I guess the lesson is do not give up until you have exhausted all avenues. My PERM application was to be filed this week. So although not much time saved on I 140, I have probably saved a couple of years on I 485 front.

Cheers and goodluck to the rest of you!
 
Sydney said:
Lawyer called yesterday informing me that my EB1A I140 has been approved. Checked online and saw the magic words. I still want to get the paper approval notice before celebrating too much (in case there is some online gremlin). I filed my I485 semi concurrently - don't see any change in status as yet. Lawyer said that in some instances the 485 are being approved at the same time in others there is a lag of a few months

Brief history:

- EB1A I140 Filed: Sep 2002
- I 485 filed in March 2003
- Straight Denial both I140 and 485 (No RFE): January 2005
- RFE issued in March 2005 - I never appealed. I guess there was a rash of denials in Dec/Jan and USCIS decided to open up some cases on their own.
- RFE submitted June 30, 2005
- I 140 approval Aug 1, 2005

I am pleasantly surprised as I was not convinced that it was worth responding to the RFE.

Background in management consulting - undergrad engineering, MBA from a top 5 school.

I guess the lesson is do not give up until you have exhausted all avenues. My PERM application was to be filed this week. So although not much time saved on I 140, I have probably saved a couple of years on I 485 front.

Cheers and goodluck to the rest of you!
Click to expand...


Congratulations. That is good news. Which center? Which three catergories have you intended to meet? Can you give us more on your qualifications?
 
Amazing!

Sydney said:
Lawyer called yesterday informing me that my EB1A I140 has been approved. Checked online and saw the magic words. I still want to get the paper approval notice before celebrating too much (in case there is some online gremlin). I filed my I485 semi concurrently - don't see any change in status as yet. Lawyer said that in some instances the 485 are being approved at the same time in others there is a lag of a few months

Brief history:

- EB1A I140 Filed: Sep 2002
- I 485 filed in March 2003
- Straight Denial both I140 and 485 (No RFE): January 2005
- RFE issued in March 2005 - I never appealed. I guess there was a rash of denials in Dec/Jan and USCIS decided to open up some cases on their own.
- RFE submitted June 30, 2005
- I 140 approval Aug 1, 2005

I am pleasantly surprised as I was not convinced that it was worth responding to the RFE.

Background in management consulting - undergrad engineering, MBA from a top 5 school.

I guess the lesson is do not give up until you have exhausted all avenues. My PERM application was to be filed this week. So although not much time saved on I 140, I have probably saved a couple of years on I 485 front.

Cheers and goodluck to the rest of you!
Click to expand...


It's amazing. Do you mean that your 140 and 485 got denied in Jan. 2005, and then you received the RFE notice later in March 2005? Did you do anything in between Jan. and March? Thanks in advance for sharing.
 
Some more information:

Filing center - Vermont

After the denial in January 2005 I did not initiate MTR specifically for my case. My lawyer did however contact me and asked if it was OK for her to include my case number in a complain to USCIS as an example of the rash of outright denials issued in the December/Jan timeframe. Subsequently, I received an RFE in March. If I recall correctly, they basically questioned most of the areas of expertise. In the RFE we did the following:

- Two additional letters from independent people supporting my qualification
- Proof of high income relative to peer group based on a Wall Street Journal salary survey
- Rapid career and income progression - between when the petition was filed in 2003 and June 2005 I moved from Manager to Principal at my company. Income growth >100%.

Despite all the above, the field I am in is management consulting where one does not necessarily publish public papers so I had my doubts as I had zero published papers. Expertise in the field of telecom & technology strategy. As I mentioned before, undergrad in engineering from a US university. MBA from top 5 or 3 US university. Work experience with top 5 management consulting company. Currently at a boutique consulting firm.

Hope I addressed some of your questions.
 
Congratulations

I would like to know who wrote the complain letter on your behalf to USCIS and number of cases that were represented in the complain letter. Thanks
 
The complain was written by one of the top immigration law firms in NYC. I am not comfortable sharing name.
 
To clarify, it was the law firm that I had engaged not some other firm. I am not sure if they only complained about their own clients (such as me) or if there was some collective action that multiple law firms took.
 
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