Help!!! what\'s going on with my NIW case?!

Z

Zengx

Registered Users (C)
Hi, Guys,

Here is my story.

I self-petitioned my NIW case on 6/2000, and got RFE on 10/2000. Then I changed my previous lousy lawyer and hired a new one and replied the RFE on 1/2001. Yesterday, I checked the automated voice machine saying "written decision sent on...". It seems like my case would be denied. I don\'t know what\'s going on? and ask your guys\'s help! Thank in advance!

My background:

(1) Ph. D (1998) in chemical engineering from a US university with a renown professor as advisor
(2) More than 15 papers (8 papers for my dissertation)
(3)about 30 citation
(4) Two patents.
(5) Now working in a biotechnology company
 
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Zengx,

"written decision ..." means your case has been denied. NIW cases are some times more difficult to get approved than even EA cases (after the infamous NYSDOT case). I think you have enough go through EA, so why dont you try that? Also, next time pick a lawyer who has had lots of *successful* experience with EA cases. Presentation is very important and infact more important than your credentials themselves. Did you get enough reference letters from people outside US and your home country? Well, hope you have better luck next time.
 
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Thank you, kr9,

I had a total 13 letters (including two members of National Academy of Engineering, two Editors-in-chief, also from EPA and NIH) all from US. My current lawyer has very good experience dealing with NIW and EA/OR. I will try EA latter.

Appreciate your suggestion!
 
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Sorry to hear your story. My background is similar with yours. Since my major is not hot in industry, I am still working as a post doc. I applied NIW 3/2000 by my self. Only 4 ref letters, two from my supervisors, two from my old classmates. I did not consult anyone before I filed. I read some website and arranged the material in a way I like and sent it to INS by my self. Nobody has read my documents except me and INS. It was approved in one month by TS center. No REF. Sometimes it totally depends on luck. After I told my story to my friends, they were all scared and could not understand. Actually I did not know most people sent more than 10 reference letters. I just thought I have enough evidence to make it work. Obviously it was risky in most people\'s opinion.
 
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I am having similar situation. Filed NIW in Sept.2000 and got RFE on March 7. The hope is I still have two months to file more materials. The problem is I lost confidence in my lawyer too. I submitted 7 reference letters three of which he (actually his assistants) did not change a single word before submission. I found out the RFE from INS voice message on March12 and have been trying to contact the lawyer for the whole week to figure out what the RE is about. Only today did I talk to an assistant in the office,finally, and was told that they were about to send a copy of the RE by MAIL, instead of trying to contact me in person. He, guys, is this normal when you pay (a lot )to an attorney for professional help? Will you call this a "lousy" attorney? Will I have better luck to work with a new lawyer? Please give your advise and thank you for your input.
 
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Are they "written decision will be sent ..", "The wriiten decision have been sent .." or "You will receive the written decision .." . I keep hearing the last kind message and when I asked IIO, they said my case is still pending.
 
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yes.. I did the same. I graduated with PhD with two journal and 5 conference papers. Took four reference letters and gave it to my lawyer. He is a lousy one (as most of them around) and didn\'t know what NIW is (His charges for the total whole GC process are $1000..... you can imagine how good this guy is). He put my story on his letter head and modified my story as if I am applying under EB1 category... and I got RFE. When I replied for RFE (he told me that he doesn\'t want to pursue it anymore after reading the letter from INS.. but I persisted), I made sure this stupid lawyer understands what mistake he made, and sat with his secretary and printed the whole document alongwith attachments and got his signature and sent it. Bingo, within couple of weeks it was accepted.
I think for NIW it doesn\'t matter how many papers or references you are attaching (if you have lot of papers and citations then EB1 is the way to go), but how good your story and accomplishments are in the orbit of NIW... I had a pretty good story and accomplishments (one of the two journal papers is recognized as one of the key, if not the top and is at least listed first, achievements of Department of Energy\'s ten year 95 university collective work involving approx $60 million investment). I guess this did it.
anyway, I am not successful in writing a story that gives me an ass prof job though..
hope this helps..
 
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BTW.. INS should recognize our hard work in academic research and should relax norms little bit in analyzing our situation. Hope some day they give automatic GC for PhD\'s ...
 
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It took one week to receive the denied letter! Can you image what the letter say? The officer said the two patants I had are not belonged to me, but belonged to my previous school. Of course, it is true. But we had contributed most important parts. Also he/she critized on my papers that I don\'t have major contributions but my profesor does! What\'s the points? Anyway, I ran out of my luck last year (just because of the lousy presentation from my lawyer).

From my point of view, it depends on how competent your current lawyer is! If your lawyer can not tell you how to reply the RFE very logically or pervasivelly, you have better to consult another lawyer. Usually, if RFE is required, then the situation will become tought. As far as I know, INS have deny a lot NIW from the point of the "National Interest".

I am ready to move and try to file EB1 and RIR at the same time. But don\'t trust to much onthe lawyer until you find out his successful record.
 
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Zengx:
It is hard to find out their record. They would say: I have several cases approved... You would not know out of how many. Anyway, have you heard successful cases in NIW RFE recently? When I talked to other lawyers, they seem to be willing to accept such a case. Are they really confident or it is a easy money for them anyway. What was your experience?
It is a good idea to try several things at one time. Good luck.
 
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Yes, It\'s very difficult to dig out their records.So better way to do is to ask your friends (ocally or nationwise). Or you can call several laywers and find out what is the possible and reasonal strategies (ask them what\'s wrong). Of course, the big question will be the National Interest Point. The immigration officer can deny your case from this point of view. As far as I know, there are a lot of NIW were denied.

ALSO try to file other categories at the same time (EB1 or LC).
 
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Dear azureicy
can u please email me ur coverletter u sent for NIW, what is ur background ?
I am currently a post doc with mol biol and biochem background
thinking of applying thru NIW or Extrordinay ability
can u please help me ?
please send it to Harohallik@hotmail.com
thanks I appreciate ur help
 
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Hi Confused,
When you replied your RFE, did you just rewrite your cover letter or rewrite some or all of your reference letters too, or both? To rewrite the reference letters, do they look like a rebuttal or as if they are a complete new letter? When you resubmit, are the rewritten letters attached with the resumes again? I guess I am confused now. Thank you for your help.
 
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DuduBear:
I sent a rebuttal to the RFE. My rebuttal is a big package ( a pile of documents neatly organized and labelled). Everything in the rebuttal is new information. One of the main document in the rebuttal is a proposal I wrote which got funded for $75,000. No repeat reference letters or new reference letters or resumes etc....
 
Mine was denied with the same points as yours

My NIW filed in TSC was denied last week. The reasons are similar to yours. The officer calimed that the credits of my research papers belong to my professors not me.

I was very sad now. I guessed I did not find a good lawyer neither. Now need to start from the beginning again.
 
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