Help ref for EB-1 and NIW

wang33

Registered Users (C)
New to this forums. Best regards to all. I applied both EB-1 and NIW at the same time and got identical refs at the same time. I checked my Notice before showing "Section: Indiv w/Adv Deg or Exceptional Ability in the National Interest" and "Section: Alien of Extraordinary Ability, Sec.203 (b) (1) (A)". Anyone have any idea?

Here is part of the ref:
The documentation submitted is not sufficient to warrant favorable consideration of your petition/application. The following information is also required:

You have request classification as an alien of extrordinary ability. The satandard for this classification is very high....

... here are the discussion of ten criteria...
... after that specific evidence...

While you evidence has addressed some of the listed criteria, in respect to none of the criteria did it indicate that you are at the very top of your field when compared to all others in the field, regardless of age or experience. In determining whether you meet a specific criterion, the evidence must be evaluated in terms of whether it establishes that you have sustained national or international acclaim.

Have any researchers ever cited your work or published material which indicates that your work has made an impact on your field? if so, please submit copies of the published material.
... I only have 3 journal papers published and another just accepted. Usually it takes 2 year for a paper to be printed on the journal after first submition. So this is only one citation.

... Dr.AAA reported that you developed the XXX model, a report affimed by Dr. BBB, Dr. CCC and yourself. However, on your resume you indicated that the model had already been developed but you made improvements to it. Please clarify this discrepancy. Were you the first to develop XXX. If not, why did you, Dr. AAA and Dr. BBB indicte you did?
... It is my thesis. I wrote 90% of the model. When I compare to the old model in the institute, I said the improvement.
AAA is my advisor
BBB is my thesis committee. A president of an internation assocition.
CCC is my current boss.
who should I ask for letter to clearify this.

Please submit the complete copy of your atticle in which pypou reported developing AAA.

Have the models which you have developed, including XXX, influed the research of other hydraulic scientists or engineers or been utilized by them? if so, please submit evidence of this.

You have been on detail to the ***(A government research office) for over two and a half years. What are your specific achievements over that period of time? Dr. CCC reported that you have "Improved and enhanced that BBB model," but the evidence does not establish the major significance of that achievement.

If any experits in your field beyond your circle of acquaintances believe that you have surpassed the level of nearly all others in the field, regardless of age or experience, please submit their statements so stating supported by their reasons for believing that you have already risen to a level above nearly all other hydraulic scientist.

Please help me and any suggestions are welcome.

Some background:
one awards from China (10 years old)
associate member of ASCE
2 papers published in China, 3 published in american, one submitted, one just published after receive the Ref
6 conference papers
review one paper for Journal, reviewed another two recently.
My new model is used by many government funded projects.

Anyone has any idea that I got identical refs for EB1 and NIW. I heard that I can submit both.

Any suggestions are really appreciated.

Wang
 
Last edited by a moderator:
Originally posted by wang33

Please help me and any suggestions are welcome.

Some background:
one awards from China (10 years old)
associate member of ASCE
2 papers published in China, 3 published in american, one submitted, one just published after receive the Ref
6 conference papers
review one paper for Journal, reviewed another two recently.
My new model is used by many government funded projects.

Anyone has any idea that I got identical refs for EB1 and NIW. I heard that I can submit both.

Any suggestions are really appreciated.

Wang

Wang,

Submitting the same letters for EA and NIW is common.

Out of curiosity, did you have an attorney look over your case? It seems as if you missed a lot of "routine" evidence. I can't stress enough the importance of consulting a competent attorney, especially if you are unsure of what you are doing. This message board is not going to get you out of this mess.

Good luck,

Brian
 
Submitting the same letters for EA and NIW is common.

Wang has not asked whether submitting the same letters for EA and NIW is common or not. His concern is about getting identical rfes for EB1 and NIW. This is an example how attorneys miss minute details and do more harm then help. In EB1-EA cases, where applicant is himself highly educated I think it is better and safer to do things by own.

Wang, now coming to your details, it is really surprising why did you get exactly same RFEs in both the cases. Do you think these rfes are written by same officer?

But anyway, nowadays getting RFE is very common. From your details I can see that your case is quite strong and you can answer these questions without too much of problem. Moreover, in NIW cases there are two aspects (i) candidate's work should be in national interest (ii) candidate should have esxceptional ability. Officer has not questioned the first point, so he has basically agreed on first point now you have to give evidences to support second point.

You have three months time, just go through each and every point of rfe and write your answers. If you need any help about any specific point, I'll be happy to assist you.
 
Thanks to everyone.

Background:
Ph.D., 2000, A university with the strongest program in my area.

Work for federal agency to develop numerical model BBB for Environmental Protection Agency (EPA).

As a federal agency, they can not find qualified US citizens to perform this work, so they hire me as a contractor. As a result, no employee will sponsor my application. I have my manager's letter addressing this issure. And I will have a high lever officer to write another letter about why they hired me and the importance to my project.

My model BBB will be delieved in Sept. 2003. It it being used to 4 government projects. This just happened recently, so this may be additional evidences.

Two applications (EB-1 and NIW) mailed late July.
Two Refs letters received 1/31/2003.

Please tell me what additional evidence should I collect. I have already asked my formal advisor to write me a letter explictly say that I developed 90% of model AAA.

Brian, I did everything on my own.
Subhap, I think that the letters are from one officer.

Many thanks.

Wang
 
Originally posted by wang33
Thanks to everyone.

Background:
Ph.D., 2000, A university with the strongest program in my area.

Work for federal agency to develop numerical model BBB for Environmental Protection Agency (EPA).

As a federal agency, they can not find qualified US citizens to perform this work, so they hire me as a contractor. As a result, no employee will sponsor my application. I have my manager's letter addressing this issure. And I will have a high lever officer to write another letter about why they hired me and the importance to my project.


Please tell me what additional evidence should I collect. I have already asked my formal advisor to write me a letter explictly say that I developed 90% of model AAA.

Brian, I did everything on my own.
Subhap, I think that the letters are from one officer.

Many thanks.

Wang

Unfortunately, the inability to find qualified American workers is irrelevant to your case. That is what RIR is for.

You have a large mountain to climb, so I wish you all the best. Keep in mind that the letters must address the *legal* criteria set out by the INS. Normal recommendation letters are not good enough.

Luckily, Subhap has graciously volunteered to help you out, so all should work out.

Brian
 
Wang,
I need one suggestion from you. I am going to file my EB1-EA petition. I have arranged all the letters and documents etc. I have more than 400 pages. My question is how put these papers together? Should I punch holes in these papers and put some kind of pin? Do you know about any place where I can get some help in making these holes etc.
regards
 
I never thought about this. I just punch 3 holes of the left side and put index on the right. But I think that I read some posts before saying that you should punch holes on the top of the papers. I do not think that this really matter. BTY, I have hired a lawyer to take care my case. Good luck.
 
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