GURUs help pls, EB1A RFE, am I dead?

niwdiver

Registered Users (C)
Got the RFE for Eb1a as follows:

The documentation submitted with the petition indicates that you are an accomplished researcher and the importance of the research described is not in question. however, it is not apparent from the evidence that you have the level of acclaim required fir this visa calssification.

witness letters submitted with the petition will be given due consideration, but 8 C.F. R. 204.5(h) staates" A petiton for an alien of rxtraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expetise".

please submit any available additional documentary evidence of acclaim, in existence of the petition priority date, of the type shown above, to demonstrate sustained national or international acclaim. for example, if applicable, published materials about your achievements or career may be submitted. additional evidence relating to any other criterion may be submitted.

Then list the ten criteria of ebla.

END of RFE letter.

My credentials:

10 years work experience, 12 publications, 10 conference posters, 70 citations, USA phd, now a postdoc. No awards though. membership of ASBMB, ASM, ASPB. I larady submitted 9 recommendation letters, 7 are independent. NSC.

Is is a tough RFE? How should I reply to this RFE? Your help will be highly appreciated. Thanks in advance.
 
Have you refreed for any journal? That can be a strong evidence if you have not already submitted. Also, if you have been invited to write in any book or review journal, that inivitation can help. You have lot of citations. Please look at those papers if they mention your work specifically. You can then quote those.
Are you in the science area? Also when did you file your I-140?
Good Luck.
 
Thanks for quick response. I submitted in January, 2006. And Yes, I am in Science area, i.e. Biology.

I already submitted evidence for journal review and editorial member of two books. No new evidence for those. I also highlighted citations that mention my work. All I could submiited further would be more independent letters, and some invitations to conferences. sigh.
 
eldhon said:
This is an RFE similar to what I got. Prove sustained acclaim, you will be fine.

Really? Then your case must have been approved. Thank you for your information. How did you respond to your RFE? I have collected 4 more independent letters, and also preapred 8 invittions to conferences. Do you think that is good enough?
 
This is the RFE which need serius input but its acheiveable.
Start acting on it and you will get all straight.
My suggestions are following:
1. As you mentioned that you have 70 citations. Start writing to big experience guys who quoted your paper to establish national or international acclaim. The importance of your work. If you can provide more international feel based on variety of letters then it will be good thing.
2. Try getting letters from journal; editors explaining the international reputations of your papers/journal.
3. Letters from publication house about circulation and impact will also help.
4. Any project proposal submitted to federal agency………copy of that will help.
5. how much impact did your conference was………………..try getting letters from conference authorities about reputation of conference and your work.
6. you may think that its difficult but people do help and you will be surprised how far they will………….all the very best.
 
I thought exactly the way u thought. Tell you frankly, that doesnot help. Then I talked to lawyer and lawyer suggested to get documents that eb1doc posted. But still the officer not satisfied with sustained acclaim and denied.
 
Last edited by a moderator:
eldhon said:
I thought exactly the way u thought. Tell you frankly, that doesnot help. Then I talked to lawyer and lawyer suggested to get documents that eb1doc posted. But still the officer not satisfied with sustained acclaim and denied.

There are several factors associated with each RFE case
1. your basic credentials
2. Your officer
3.Your response effort

sometime combination works ...sometime.........not!
but since we can't do anything qualification wise as it shd be prior to date of filling we have to give best shot by provinding more letters only!
 
eldhon said:
I thought exactly the way u thought. Tell you frankly, that doesnot help. Then I talked to lawyer and lawyer suggested to get documents that eb1doc posted. But still the officer not satisfied with sustained acclaim and denied.

eldhon your two posts have conflicting messages. First you suggest that by proving sustained acclaim niwdiver willl be fine. Second you say that you got denied by proving sustained acclaim for RFE. Which one is true?
 
EB1OR@NSC said:
eldhon your two posts have conflicting messages. First you suggest that by proving sustained acclaim niwdiver willl be fine. Second you say that you got denied by proving sustained acclaim for RFE. Which one is true?

Yes, eldhon, while I appreciate your input, I am confused by your conflicting posts. Could you give further explanations?
 
It is a tough RFE no doubt but it can be overcome. Others have already suggested many excellent strategies.

In addition you will need more letters. preferrably from bigshots. start with folks in your area of science. people who cited your papers, people who are aware of your work, even though they may not know you personally, but they may recall that X et als paper from Y's lab was reviewed by him. or that your paper helped shape his or her line of thought, people that you may have met in a conference and asked some pointed questions.

one of the best letters that i ever got was from our direct competetor. A post doc from his lab and I was (this is four years ago when I was a post-doc) working on the same knockout and we managed to put in the paper before him. needless to say he reviewed the paper and was impressed with our handiling of the research.

Some other less oft used ways of proving international acclaim are:

1. You may have a grant. many bigshots now require post docs to get their own grant.

2.Any grant that you have been a key personel on may be used (with permission of the PI of course).

3. Your work may have been reviewed in detail somewhere whether in scientific or general media.
 
I am sorry! In the first message I meant if niwdriver prove sustained acclaim, he/she will be fine. At the same time, I said I got a similar RFE, and responded to it. For that response I submitted the documents that eb1doc posted here along with other materials. But still got denied.

You donot need to be disappointed. You try your best and u may be lucky. As eb1doc, the approval/deniel depends on officer mind set.
 
suggestions

Niwdiver,

I have recently got my EB1-EA approved in March 2006 without any RFE, I followed the receipe which I collected from this forum and specially from EB1doc. I did these to prove my international acclaim.

1. If you have authored any section of book, or if your work has been cited in any book, I would suggest you can go to this website and check the circulation throughout the world, which I did submit with my petition. (Site:OCLC First Search, where you can get the circulation of different book and journal in different library throughout the world). This will show that your work has been published in reknowed journals that has been widely circulated throughout the world.

2. Also if possible ask the author of the book if he is willing to write a letter of support for you or not.

3. you did mention about the independent letters> I have a questions are all the letters from US?
In my case I have provided most of the independent letters from all over the world (2 Japan, 1 switzerland, 1 Germany, 1 UK, 1 France, 1 Poland, 1 India, 5 from National in US). So if possible to show your international acclaim, you have to get letters from all over the world. At least in my case I have seen to be successful.

Wish you good luck with your RFE.

newdoc
 
Hi newdoc,

May I ask you which service center it was from? Also how long did it take to get I-140 approved.
also how many publications and citations did you have? Did you have any award as well?

Thanks!
 
Hi eb1a-query,

my case was transferred from CSC to TSC, and it took 21 days for the I-40 approval. I had 40 publications, 40 citations, no international awards.

newdoc
 
Is it a tough RFE?

Hi

I do not think its a tough RFE! Its clear that officer is impressed with your credentials but looking for something which is either missing in your application or you didnot highlight in your cover letter. Remember, you must make your application as attractive as possible.

Do you have a choice of applying through EB1-OR?

But try these first:

1. You may have to get more letters from other countries.
2. Evidence that researchers from other countries are citing your research.
3. Submit if people from other countries have requested reprints for your research papers.
4. Any request for help/ advice on research from other countries.


These are just few tips. If you think with a cool head you may be able to find a lot of material which can be submitted.

But to be honest I do not have any experience with the RFE because I did not get one.

My EB1-EA I-140 was approved on friday and only today I recieved email notification. I already have a EB1-OR approved.

You can do it.

Goodluck.
 
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