EB1a Denied, need urgent help

Niagara99

Registered Users (C)
the denial letter received a couple of weeks ago. The letter said that I have the right to appeal or motion to reopen. Most attorneys thought it hopeless to do. I'd like to try though the chance to win is minimal.

Dear friends:

Do you know what should I do next? Can I do APPEAL and MTR at the same time? If not, what is the correct way to do it. I greatly appreciate any responses/comments

My qualifications:

MD, PhD (from China)
30 English papers, 10 first-authored, 10 second authored, citated: 100+
two minor but national level award
judge other's work for three journals
three professional memberships

Filed: March 2003, I140 only, VSC

the reason for denial: all evidences not strong enough
 

honkman

Registered Users (C)
Niagara99 said:
the denial letter received a couple of weeks ago. The letter said that I have the right to appeal or motion to reopen. Most attorneys thought it hopeless to do. I'd like to try though the chance to win is minimal.

Dear friends:

Do you know what should I do next? Can I do APPEAL and MTR at the same time? If not, what is the correct way to do it. I greatly appreciate any responses/comments

My qualifications:

MD, PhD (from China)
30 English papers, 10 first-authored, 10 second authored, citated: 100+
two minor but national level award
judge other's work for three journals
three professional memberships

Filed: March 2003, I140 only, VSC

the reason for denial: all evidences not strong enough


You don't mention any reference letters from international scientist working in your field but who never worked with you before. If you send your petition without any I am not surprised that it failed. 100+ citations means how many exactly 105 or 310 ? When you worked as a referee did the editor invited you personally or how did you get the job and how often did you do it for the three journals. What kind of professional memberships do you have ? were you invited for them and do you pay any membership fees ?
 

alex2

Registered Users (C)
Niagara99 said:
the denial letter received a couple of weeks ago. The letter said that I have the right to appeal or motion to reopen. Most attorneys thought it hopeless to do. I'd like to try though the chance to win is minimal.

Dear friends:

Do you know what should I do next? Can I do APPEAL and MTR at the same time? If not, what is the correct way to do it. I greatly appreciate any responses/comments

My qualifications:

MD, PhD (from China)
30 English papers, 10 first-authored, 10 second authored, citated: 100+
two minor but national level award
judge other's work for three journals
three professional memberships

Filed: March 2003, I140 only, VSC

the reason for denial: all evidences not strong enough
I think you did not prepare a strong petiotion though your qualifications look quite significant. There is no harm in appealing, but ofcourse you will have to prepare it very strong.
 

Yun Chu

Registered Users (C)
Definitly it is worth to try. My OR case got denied. I consulted several lawyers, most of them said it is difficult to be successful, though all of them thought my case is
very strong. Most of them suggested me to appeal + resubmit with double money. There was one lawyer who
told me your case was well prepared and should be able to do appeal. My lawyer was good too. Finally we decided to appeal. Fortunately, my case got approval directly in CSC after one month and was not sent to AAO.

So just try and you could be successful.

Good Luck,

Yun
 

haiyan

Registered Users (C)
Niagara99 said:
the denial letter received a couple of weeks ago. The letter said that I have the right to appeal or motion to reopen. Most attorneys thought it hopeless to do. I'd like to try though the chance to win is minimal.

Dear friends:

Do you know what should I do next? Can I do APPEAL and MTR at the same time? If not, what is the correct way to do it. I greatly appreciate any responses/comments

My qualifications:

MD, PhD (from China)
30 English papers, 10 first-authored, 10 second authored, citated: 100+
two minor but national level award
judge other's work for three journals
three professional memberships

Filed: March 2003, I140 only, VSC

the reason for denial: all evidences not strong enough
You should definitely appeal. At the same time prepare a fresh petiton also. Since you are MD as well as Ph.D. you may have good chance for NIW also. If your employer agree you can apply under EB1-OR category also. This time arrange things nicely, you will definitely succeed. You may get lot of help from DIY literature. You may also consult attorneys or legal advisors of Internation Students & Scholar office (ISSO) of your university.
 

niw_2004

Registered Users (C)
I doubt haiyan is the host of DIY kits

haiyan said:
You should definitely appeal. At the same time prepare a fresh petiton also. Since you are MD as well as Ph.D. you may have good chance for NIW also. If your employer agree you can apply under EB1-OR category also. This time arrange things nicely, you will definitely succeed. You may get lot of help from DIY literature. You may also consult attorneys or legal advisors of Internation Students & Scholar office (ISSO) of your university.

I doubt haiyan is the host of DIY kits
 

tom2

Registered Users (C)
Niagarra99, AAO takes too long. I would suggest not to go for that. Try a new application.
 

Niagara99

Registered Users (C)
Sorry for the late response

I was busy preparing appeal so that I did not have time to respond. I just sent Appeal together with MTR with basically same documents. I got a couple of new papers published, and some letters from famous guys who don't know me.

At the same time, I will re-apply soon. Thank you, dear friends, I will let you know if there is any progress.
 

honkman

Registered Users (C)
Niagara99 said:
I was busy preparing appeal so that I did not have time to respond. I just sent Appeal together with MTR with basically same documents. I got a couple of new papers published, and some letters from famous guys who don't know me.

At the same time, I will re-apply soon. Thank you, dear friends, I will let you know if there is any progress.


Are these papers published after you submitted your first petition ?
 

yygov

Registered Users (C)
Niagara99 said:
I was busy preparing appeal so that I did not have time to respond. I just sent Appeal together with MTR with basically same documents. I got a couple of new papers published, and some letters from famous guys who don't know me.

At the same time, I will re-apply soon. Thank you, dear friends, I will let you know if there is any progress.

Good luck!
 

lalala

Registered Users (C)
Dear niagara99,
A similar situation happened to me. Even though my EB1 application was 1 inch thick (Ph.D, post-doc at Stanford, 15 publications...the whole nine yard), it was denied to the surprise of everybody. I believe that my attorney didn't do a good job with my application. The appeal was also denied, so I had to file an I-485 under the EB2 category (labor certification then I-140). Arm yourself with a lot of patience, it's been five years since my green card procedure started, and my I-485 is still pending.
Good luck,
lalala
 

alex2

Registered Users (C)
lalala said:
Dear niagara99,
A similar situation happened to me. Even though my EB1 application was 1 inch thick (Ph.D, post-doc at Stanford, 15 publications...the whole nine yard), it was denied to the surprise of everybody. I believe that my attorney didn't do a good job with my application. The appeal was also denied, so I had to file an I-485 under the EB2 category (labor certification then I-140). Arm yourself with a lot of patience, it's been five years since my green card procedure started, and my I-485 is still pending.
Good luck,
lalala
High academic qualifications, Ph.D. from topmost university, high quality papers etc etc are not sufficient unless untill you present all these things in a coherent way in your petition. INS officers are not scientists, they have just basic knowledge about your field. If one gets a good attorney and he prepares petiotion nicely then case gets approved otherwise things become complicated. But one should not blame attorneys for every thing that goes bad, they have their own limitations. How can you expect somebody to know you better than you do yourself. One should not say that since attorney takes big amount of money so he/she should do every thing. If you think so then you are doing nobodody's harm but of yourself. It is the responsibility of the client to assist his/her attorney in preparing the petion. But ofcourse for this one has to have knowledge about the procedure. This is the point where DIY literature and this forum can help you. However, there is no substitute of attorneys and it is your responsibility to assist your attorney promptly.
 

anu73_in

Registered Users (C)
Am I eligible for EB1 category?

Hi,

I am a software consultant working in the latest technology of IBM in WBI, WCS (8 yrs experience). It's a skill which is very scarse these days...not many candidates available.

I am an MS in Electronis and Computers from US university and was pursuing Ph.d (all but dissertation). I have a letter from my PhD professor mentioning so.

Do you think I am eligible for EB1 category?

Also should I get letters from my IBM engagement managers saying that I was working with them on this skills. Will such letters help? I am not a employee of IBM but am a consultant for IBM.

Also my current employer is a core partner of IBM for this skills. Will this make my case strong to be EB1 category?

Any tips are welcome......

Thanks
Anu
 

honkman

Registered Users (C)
anu73_in said:
Hi,

I am a software consultant working in the latest technology of IBM in WBI, WCS (8 yrs experience). It's a skill which is very scarse these days...not many candidates available.

I am an MS in Electronis and Computers from US university and was pursuing Ph.d (all but dissertation). I have a letter from my PhD professor mentioning so.

Do you think I am eligible for EB1 category?

Also should I get letters from my IBM engagement managers saying that I was working with them on this skills. Will such letters help? I am not a employee of IBM but am a consultant for IBM.

Also my current employer is a core partner of IBM for this skills. Will this make my case strong to be EB1 category?

Any tips are welcome......

Thanks
Anu


How many papers do you have, awards, memberships etc ? Are you internationally well estabilshed in your field ?
 

anu73_in

Registered Users (C)
honkman said:
How many papers do you have, awards, memberships etc ? Are you internationally well estabilshed in your field ?


No awards, No papers, No membership .........it's a specific skill in software which is highly in demand these days and very few people are found. Well this is most highly paid as well .......like almost $250/hr but I don't get all that?

The only proof I could have for this is letters from my emgagement managers from IBM?

Thanks
Anu
 

logicators

Registered Users (C)
Unfortunately, I don't think you can qualify for EB1-EA solely based on a rare skill. You need to satisfy atleast 3 out of 10 criteria and a rare skill doesn't count as even one of them.

I was recently approved as a software engineer in the same category (EA) but I had multiple national level awards, leading / critical roles in multiple, well known organizations and stuff in mass media about my work. As it stands right now, you should apply in a labor based category.
 
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