EB1B I140 denied

[gcconloser]

Last year in August 2009, I filed for I140 and I485 concurrently.. Later in November a RFE was sent for which I sent the response in December 2009. In January 2010, a denial notice was sent stating that my petition doesnt meet any of the criteria for an outstanding achievement.

Only two months back, I had a paper published which gained good recognition and was all in news. But the letter states that my work may prove ability, but cannot be considered for an outstanding performance. I dont understand what they are really looking for.

Should I go for an appeal or file a MTR ? If I apply for an appeal, what are the chances for the I140 to get approved ? Still now, my 485 is not revoked, I believe from the uscis website.

I have literally no idea and my lawyer suggests nothing but asking us what to do next. Its really frustrating that we spent a lot of time and money on this only to get the rejection.

Please advice on this !!! Anyone out there with ideas, please throw some light !!

I am in need of your suggestions !!!

 

[limmigrant2]

It is very unfortunate that your application was denied. It is risky to file concurrent 485 with EB1 140 because unless the 140 gets approved, there is no value for the 485 which is about 2K for 2 people. Since your lawyer made you do that, I can feel your anxiety in going with the same path.

Have you tried to talk to other lawyers (who give free consultation)?

If you want to buy time, go with MTR or appeal.

Best is to just file a new application with additional evidence over time.