Got RFE on EB1-EA through PP, please advise

E

eb11-NSC-rfe

Registered Users (C)
I have applied for premium processing for my EB1EA. I got a fax today asking RFE and it does not make much sense.

The letter lists all of the 10 criteria and has few notes for only 3 of them.
I submitted evidences for 1st 6 criteria.

Two of the criterion says,
(v) " Evidence of the aliens original scientific, scholarly contributions of
major significance in the field

The record shows that you are listed as a primary researcher/author on two
articles. Submit evidence that the articles are of major significance in the
field."

(vi) Evidence of alien's authorship of scholarly articles in the field, in
professional and major trade publication or other major media;

The record shows that you authored only two articles. Submit evidence showing that two articles are sufficient to establish national and international acclaim.

I must be honest, I did not address that only two articles list me as the 1st author in the cover letter as I did not think, it would matter so much.

I have 14 published articles in top level journals (250 citations). Two of them have my name as 1st authors. There are three of them where my advisor has his name as 1st author (I'm the 2nd author and primary contributer). Two other 2nd author papers I have equal contribution as the 1st author and my postdoc advisor stated that in his original letter.

So my question is how do I address this RFE?

They have not added any addtional notes about criteria (ii), (iii), and (iv). does that mean I have fulfilled these?

Thank you for your time.

-----------------
EB11 NSC, ND 08/31/06
PP: RD 11/15/06
RFE: 11/21/06
 
Fisrt of all a least your RFE is specific, and thats a good thing, u can focus on the things they are asking, they always list the 10 criteria listing..
good luck
 
eb11-NSC-rfe said:
(v) " Evidence of the aliens original scientific, scholarly contributions of
major significance in the field

The record shows that you are listed as a primary researcher/author on two
articles. Submit evidence that the articles are of major significance in the
field."

(vi) Evidence of alien's authorship of scholarly articles in the field, in
professional and major trade publication or other major media;

The record shows that you authored only two articles. Submit evidence showing that two articles are sufficient to establish national and international acclaim.
Click to expand...

Okay for the first one, what u can do is the following:
Show that the articles are from major trade publication and show the importantce of the newspaper or magazine or journal. Contact the publication and ask them for circulation numbers, data, history etc. Try to prove that the publication istelf is of MAJOR importance.

In the second one I would try t get a letter from international people supporting your articel and mentioning why is so important for you to leave and work in the U.S, Aand also how they use your article in their field, that makes you of international acclaim, if people from all over the world use your knowlegde...

do u have a lawyer?

I hope this helps! good luck!
 
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Thanks all for the advice, but there is an apparent confusion here. The RFE mentions "I am an author of two articles", whereas I have 14 articles with >225 citations. ( all internationally circulating with high impact) I assume the RFE refers to my first author articles, which I have two. That is the point of confusion. However the rest of the articles I am the primary or significant contributor. How do I prove that?
The RFE does not question the impact of the journals, which I have already provided.
 
eb11-NSC-rfe said:
Thanks all for the advice, but there is an apparent confusion here. The RFE mentions "I am an author of two articles", whereas I have 14 articles with >225 citations. ( all internationally circulating with high impact) I assume the RFE refers to my first author articles, which I have two. That is the point of confusion. However the rest of the articles I am the primary or significant contributor. How do I prove that?
The RFE does not question the impact of the journals, which I have already provided.
Click to expand...

It looks like they are only focusing on those to articles, meaning that the other ones are fine, they recognaize that they are good. You could re-sumbit all the articles with supporting evidence, sometimes lawyers re-send all the supporting evidence with RFE. Ask your lawyer.
hope this helps
 
eb11-NSC-rfe said:
Thanks all for the advice, but there is an apparent confusion here. The RFE mentions "I am an author of two articles", whereas I have 14 articles with >225 citations. ( all internationally circulating with high impact) I assume the RFE refers to my first author articles, which I have two. That is the point of confusion. However the rest of the articles I am the primary or significant contributor. How do I prove that?
The RFE does not question the impact of the journals, which I have already provided.
Click to expand...

Hi eb11-NSC-rfe:

Tipotodo is exactly right. Take those two papers and look for the citations and see that whether they are from any big group or company and then see whether your work has formed a base for any other new work. Expalin all these items and you will be mostky through.

BTW, did you file by yourself or through an attorney? Did you speak to your attorney abt. this RFE. They must be aware of handling such situations.

Also, did you get any LUDs after you filed the PP?

Subra
 
thanks subra for the post. I am planning to do that, but it is strange trying to establish that second authors are also significant contributors of the work.
I filed myself.
My PP RD was 11/15, LUD on 11/16 , 11/17 and 11/21 (RFE request).
 
Last edited by a moderator:
eb11-NSC-rfe said:
thanks subra for the post. I am planning to do that, but it is strange trying to establish that second authors are also significant contributors of the work.
I filed myself.
My PP RD was 11/15, LUD on 11/16 , 11/17 and 11/21 (RFE request).
Click to expand...

Hi eb11-NSC-rfe:

In this forum earlier, good_y had a simillar problem. Why can't you check with some attorney to just file this RFE? It might work better. Just an idea...

Also, I have a question, did you see the case status change (online) immediately after you got the fax with RFE? If so how the message reads?

Thanks

--Subra
 
subra thanks for the idea. Yes my case status online did change after I received the fax and email (from CHRIS).

In online the case status reads:
Current Status: We mailed you a notice requesting additional evidence.

On November 21, 2006, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
 
eb11-NSC-rfe said:
subra thanks for the idea. Yes my case status online did change after I received the fax and email (from CHRIS).

In online the case status reads:
Current Status: We mailed you a notice requesting additional evidence.

On November 21, 2006, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Click to expand...

Thanks a lot. Good luck with your RFE. Pls. update your case.

--Subra
 
Adjudicators manual

You may want to go over page 36 and 37 of the adjudicators manual very THOROUGHLY to see if you can handle it your self.

http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf

I still think this is a frivolous RFE game by NSC to gain some time. Well, just imagine hundreds of applications they already and now PP request for atleast half of them. There must be some stressed out folks in NSC. I wonder why they don't delegate the work to TSC and atleast get some job done well.

The ongoing delay in NSC reminds me of the same situation I faced at VSC at the time of retrogression last october(2005). VSC was working very efficiently until the flood gate on applications broke and they stopped working for several months.
 
niwnow said:
You may want to go over page 36 and 37 of the adjudicators manual very THOROUGHLY to see if you can handle it your self.

http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf

I still think this is a frivolous RFE game by NSC to gain some time. Well, just imagine hundreds of applications they already and now PP request for atleast half of them. There must be some stressed out folks in NSC. I wonder why they don't delegate the work to TSC and atleast get some job done well.

The ongoing delay in NSC reminds me of the same situation I faced at VSC at the time of retrogression last october(2005). VSC was working very efficiently until the flood gate on applications broke and they stopped working for several months.
Click to expand...


I do think is a game of NSC to give RFE to save time! Is kind of weird right?..
we just want to see some approvals from NSC!
 
thank you niwnow.
That manual is helpful, and I agree with NSC buying time to adjudicate PP cases too.
I have requested further letters from coworkers, collaborators to demonstrate the significant contribution for the articles I am not listed as first author as an evidence. i am also asking additional independent experts to corroborate the acclaim I have. ( I had already provided 11 independent and 7 letters from coworkers) What else do you suggest I may do?
Thanks again.
 
International acclaim

Dear eb11-NSC-rfe,

I am sorry to hear that you got an RFE.

I agree with "tipotodo" in that you must obtain several letters from abroad to establish the "international" acclaim. I believe the letters outside the USA should help you to clearly prove your accomplishments. Good luck!


eb11-NSC-rfe said:
thank you niwnow.
That manual is helpful, and I agree with NSC buying time to adjudicate PP cases too. I have requested further letters from coworkers, collaborators to demonstrate the significant contribution for the articles I am not listed as first author as an evidence. i am also asking additional independent experts to corroborate the acclaim I have. ( I had already provided 11 independent and 7 letters from coworkers) What else do you suggest I may do?
Thanks again.
Click to expand...
 
Freeman, Thanks for the feedback. I am trying to get more letters from outside as you say. I do not believe they read my letters, as I originally submitted 18 letters from top experts (11independent) from 9 countries. It is tough to top that, but we are trying.
 
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