How to respond to a very general RFE?

TSC-EB1B-RFE

Registered Users (C)
It list
1) 3 year experience in the field
2) international recognition.

I wonder if I have to submit all the original materials like all my papers,etc again? of course with some new things?


Thank you very much!
 
any one? should I submit all original materials again together with new things?

thanks.

It list
1) 3 year experience in the field
2) international recognition.

I wonder if I have to submit all the original materials like all my papers,etc again? of course with some new things?


Thank you very much!
 
They did not ask any specific evidence. Here is all they requested:
1) three year experience in the academic field
1) International recognition

Thank you very much.


I had gotten a RFE before. I just sent the covering page (they send) and the new material requested. It won't to have a covering letter written by you.
thanks
Ela
 
For international recognition you'll need primarily reference letters from people outside of US who can attest that you work is indeed outstanding and internationally renown.

I would strongly recommend that you write a very good cover letter, arguing your case, and choosing the best quotes from the reference letters.

Although we did not resubmit the original material, my husband (who spent many nights writing the cover letter) mentioned it by dividing the answer to each criterion claimed in "new evidence" and "previously submitted". He included quotes from all the reference letters (new ones and old), because the original petition was very badly written (by the international advisor).

Think like a lawyer. Argue your case, but always support it with evidence.
Also search this forum for great information. Go back starting in September 2006 and you'll find some great information about responding to RFEs. Also you can use keywords to search the forum.

Good luck! :)
 
ioananv, again thank you very much.

I have read the posts regarding RFEs by searching in this forum. I have a lawyer who wrote the original cover letter. I did not see what it looks like, but we could imagine that it is a bad one. And in the original submission, the lawyer also submitted my 485. Now the lawyer just ignores my case. I don't know if I should find another lawyer and switch? given the current situation, I do not know if it is a good idea. Could you give me any suggestions? Thanks again.

For international recognition you'll need primarily reference letters from people outside of US who can attest that you work is indeed outstanding and internationally renown.

I would strongly recommend that you write a very good cover letter, arguing your case, and choosing the best quotes from the reference letters.

Although we did not resubmit the original material, my husband (who spent many nights writing the cover letter) mentioned it by dividing the answer to each criterion claimed in "new evidence" and "previously submitted". He included quotes from all the reference letters (new ones and old), because the original petition was very badly written (by the international advisor).

Think like a lawyer. Argue your case, but always support it with evidence.
Also search this forum for great information. Go back starting in September 2006 and you'll find some great information about responding to RFEs. Also you can use keywords to search the forum.

Good luck! :)
 
I, personally, would find another lawyer (if money is not an issue) or write the cover letter myself. We did not use a lawyer so I cannot recommend one myself, but there were enough lawyer recommendations in this forum.
 
Thanks so much.

My case is different, because I have a lawyer. I wonder if I can do this, because I guess after I finish preparing all this, I have to send all the things I have to the original lawyer coz he is the original corresponding person with uscis, and he has the golden sheet.

I am willing to do anything that is best for my current situation. Money is not an issue. Anything that is best for me, I will do it.

And could anyone else who has lawyer recommend me a lawyer for RFE? How much is the price in general? Thanks a lot.


I, personally, would find another lawyer (if money is not an issue) or write the cover letter myself. We did not use a lawyer so I cannot recommend one myself, but there were enough lawyer recommendations in this forum.
 
Hi there,
Except for the original RFE letter that your lawyer has, there is nothing else to worry about. You can hire additional attorneys and they can help you with that. In fact, the new attorney can request the docs from the first one. However, if the first one wants to drag, potentially he could.(sending the docs).

Yes, you can hire a new attorney and the new attorney can take over. You are not obligated to stay with the first one (I don't think USCIS prevents you from using any other lawyer). Don't forget that if you go to another lawyer, he might still come after you for the whole amount as you would have signed a contract right in the beginning.

In Los Angeles area, addressing an RFE and assisting your case till finish will be about $2-$3k depending upon the lawyer. If you are in a smaller city or use one who is from a smaller city, it might be cheaper (perhaps $1500).

I don't remember what kind of RFE it is. If it is simple enough such as a job verification letter, you can do it yourself and save your dough. Everything has been done, you just have to respond to RFE, so you can do it if you prefer.

The most difficult thing for you is to pull out your RFE. If your lawyer lives in your city, go visit him personally, that might even get you a committment for the response. If he is out of town, even better, show him that you are concerned by visiting him and taking care of it.

The RFE probably gave 30 days time, so he is obligated to respond within that time period or your case will be closed.

Ela
Thanks so much.

My case is different, because I have a lawyer. I wonder if I can do this, because I guess after I finish preparing all this, I have to send all the things I have to the original lawyer coz he is the original corresponding person with uscis, and he has the golden sheet.

I am willing to do anything that is best for my current situation. Money is not an issue. Anything that is best for me, I will do it.

And could anyone else who has lawyer recommend me a lawyer for RFE? How much is the price in general? Thanks a lot.
 
I agree with these comments. I realize what the RFE is about. First of all, did you get a letter from some one outside US or atleast did you mention that you presented your work in an international conference. If you did not mention either, then you have not proved about the international importance of the work.

If you end up hiring another lawyer, make sure the lawyer is specialized in NIW/EB-1. You have a very specific task to do, prove that your work is internationally recognized. (proving 3 year exp is relatively easy). You can do this by getting a letter from somone outside US (preferred route). alternatively (less preferred) show that your work has been presented in an international conference (even if the conference was held here it is ok. We are saying that people from other countries attend it or the same conference might be held in other locations later).

I had written pages of cover letter (paragraphs and paragraphs) based on some format that I purchased during my inital NIW application, it was a total waste. Using the quotes is very important. You need to say Dr.xxx says that "work of YYY is pivotal because ....". You are basically going to pick 3 or 4 sentences from each letter (perhaps even 2 such references) from each and put them in the cover letter.

You can go and pick evidence for international recog from old letters. However, you need to make sure that your response is targeted to address the things asked (international recog). Don't dilute your letter by writing other things. Quotes that support only the international recog and 3 years exp should be mentioned as you are responding to a specific concern.

You can get a letter from your employer to show that you have 3 years exp (or other places you worked) to show that.

Lawyer cannot do much if you don't offer him evidences. Lawyers basically present your info in a suitable format (provide quotes). You will have to take the responsibility of providing him with enough material or evidence. Perhaps that is one of the hesitations that the lawyer is having (does not know what else to do).

Even before you go to another lawyer, start looking for evidences within your old letters and get more letters (if you can). You will get guaranteed results if you can manage to get letters from someone who is in Govt organization like NIH, FDA, etc. Even the authors of the new letters could say that your work is bound to be internationally acknowledged due to its importance (less powerful argument, but you can use it).

Bottomline, you need to first look into old letters and highlight relevant sections that you could use for showing intl recog. Then get more letter(s) (if possible, outside the US) talking that your work is known outside the world. ONE IMPORTANT thing you can do is see if someone outside US has published and has referred to your work. That will show that your work was noted outside US.

Again, because it is your life, you need to take the responsibility to acquire proofs. Lawyers will only write a letter. You will have to highlight the necessary sections so the lawyer uses it. basically, you need to spoon feed them.

I think your lawyer is stalling because he does not know how to proceed. 50% of it may be due to lack of new evidence.

One more thing, try to get a copy of the package he sent originally. If he has not used quotes and had gone on and on, then he does NOT know what he is doing. I do understand it might be hard for you to get it.

Use diplomacy, don't yell/scream as it will not get the things done. Tell him that you are ready to pay any consulting fee (extra) if reqd, but you would like to speak to him personally about this issue. Make an appt and go down there. While you are there say that you are curious to see how the inital package looks (look/read the covering letter). if possible this will be a time to get a copy of the package.

Call USCIS and find out if they will accept the copy of the RFE (not necessarily the original), that will pave way for a new attorney. Double check by calling at a diff time and re-confirm. Consult a new lawyer and tell him the situation and see if he says that it is ok to use the copy of the RFE. Reconfirm by consulting another lawyer. There are many lawyers who offer free initial consultation.

if you do end up choosing another lawyer, make sure he is experienced in EB1 or it is not going to help. PM me if you want to talk more about this..
Ela

For international recognition you'll need primarily reference letters from people outside of US who can attest that you work is indeed outstanding and internationally renown.

I would strongly recommend that you write a very good cover letter, arguing your case, and choosing the best quotes from the reference letters.

Although we did not resubmit the original material, my husband (who spent many nights writing the cover letter) mentioned it by dividing the answer to each criterion claimed in "new evidence" and "previously submitted". He included quotes from all the reference letters (new ones and old), because the original petition was very badly written (by the international advisor).

Think like a lawyer. Argue your case, but always support it with evidence.
Also search this forum for great information. Go back starting in September 2006 and you'll find some great information about responding to RFEs. Also you can use keywords to search the forum.

Good luck! :)
 
Thank you so much ela6. what you input is very helpful and must have taken you much time to input so many words. I greatly appreciate your help.

My lawyer is about 2 hours from where I live by air. If necessary, I do want to visit him personally.

I do get more reference letter writers from outside US, but I feel difficult to draft the letter right now because seems it is likely to say the same thing as the other letters.
 
general RFE response

TSC-EB1B

Many people in this thread have given you good advice, from what it seems it is clear that your RFE is somewhat uncomplicated.

1) Basically, you have to prove three years full-time experience in your line of work. Now, if you have already completed this in your current job or in a previous job that is not very difficult to prove. You can also claim you TA/RA experience, if any.

2) Get letters documenting your "international recognition" preferably from outside the US, who could speak to your work.

3) As others have pointed out, you need to re-draft your cover letter and carefully argue your points, the same you address queries from journal reviewers.

4) Item no. 3 is your lawyer's job. That is why we pay them 10 grand or more.


Best wishes
 
The new letters can say similar things. The key is that it is proving intl recog as it is coming from outside. They asked for it and you are giving it. You have to think about this as a civil case. The content of the letter is secondars when compared to where it is coming from. You have already established (USCIS has recog) that you are an expert in the field etc. Just one thing you have to prove is that you are intl recogonized.

I would say check with USCIS if copy of RFE is acceptable, you can always claim that the original is lost by the lawyer. If they are ready to accept it, get a new lawyer who is expd in EB1. No point going and forcing the old lawyer. His efforts will be questionable if you force him to do something. On the contrary, a new lawyer when he sees new dollars coming in might enthusiastically accept and do. The key is finding a GOOD lawyer this time..

Thank you so much ela6. what you input is very helpful and must have taken you much time to input so many words. I greatly appreciate your help.

My lawyer is about 2 hours from where I live by air. If necessary, I do want to visit him personally.

I do get more reference letter writers from outside US, but I feel difficult to draft the letter right now because seems it is likely to say the same thing as the other letters.
 
Thanks, greengolum. Your points are very helpful.

I have got three more reference letter writer from oversea. I am in my first year after ph.d., and no work experience except this first year and RA/TA in ph.d. degree hunting.

I originally had my ph.d. advisor written a reference letter for me. Now do you think I need to have his letter again for the RFE to address more on my RA experience? and do I need to ask the ph.d. department to provide somewhat certificate to say I worked as a TA for the dept in a certain period?

I want to pay someone to draft the letters for me. coz I feel i cannot draft any more letters.

TSC-EB1B

Many people in this thread have given you good advice, from what it seems it is clear that your RFE is somewhat uncomplicated.

1) Basically, you have to prove three years full-time experience in your line of work. Now, if you have already completed this in your current job or in a previous job that is not very difficult to prove. You can also claim you TA/RA experience, if any.

2) Get letters documenting your "international recognition" preferably from outside the US, who could speak to your work.

3) As others have pointed out, you need to re-draft your cover letter and carefully argue your points, the same you address queries from journal reviewers.

4) Item no. 3 is your lawyer's job. That is why we pay them 10 grand or more.


Best wishes
 
ela6, I see your points regarding the reference letters. I am more clear about what the new letter should say.

Except the letters and new cover letter, do you think I need to submit some new things which I didn't submit before? Like the journal and conference website printout, etc..

Thanks a million.

The new letters can say similar things. The key is that it is proving intl recog as it is coming from outside. They asked for it and you are giving it. You have to think about this as a civil case. The content of the letter is secondars when compared to where it is coming from. You have already established (USCIS has recog) that you are an expert in the field etc. Just one thing you have to prove is that you are intl recogonized.

I would say check with USCIS if copy of RFE is acceptable, you can always claim that the original is lost by the lawyer. If they are ready to accept it, get a new lawyer who is expd in EB1. No point going and forcing the old lawyer. His efforts will be questionable if you force him to do something. On the contrary, a new lawyer when he sees new dollars coming in might enthusiastically accept and do. The key is finding a GOOD lawyer this time..
 
Nope, you don't need the print outs as they don't address the intl recog issue that USCIS has raised.. You need to send only the stuff that addresses the issue. One and only thing (besides 3 yrs exp) you need to show is that people outside US knows/appreciates your work.Anything that will reinforce that.

By sending all other materials, you will make them lose focus and they might not find the important stuff. Just give it to them straight, don't dilute it by putting unecessary stuff..

I have faced the RFE myself. They said that all my letters seem to come from people I know (advisor, company, etc). so, I got a letter from a Govt agency and sent the reply myself. they approved instantly.

Everything depends upon the evidence you provide. Old print out carries no weight as it does not prove anything. However, if you have print out from authors outside US referring to your work, you can send that (highlighting their address and your name in the article)
thanks
Ela
ela6, I see your points regarding the reference letters. I am more clear about what the new letter should say.

Except the letters and new cover letter, do you think I need to submit some new things which I didn't submit before? Like the journal and conference website printout, etc..

Thanks a million.
 
You may want to highlight on the RA work than TA work. I am not sure what your petition is based on. If you are a prof then give importance to TA. On the other hand if you are a researcher or working for a company stress on RA. Being a TA does not necessarily show that you have worked in your field.

Which field are you in and what is your current job?
thanks
ela
Thanks, greengolum. Your points are very helpful.

I have got three more reference letter writer from oversea. I am in my first year after ph.d., and no work experience except this first year and RA/TA in ph.d. degree hunting.

I originally had my ph.d. advisor written a reference letter for me. Now do you think I need to have his letter again for the RFE to address more on my RA experience? and do I need to ask the ph.d. department to provide somewhat certificate to say I worked as a TA for the dept in a certain period?

I want to pay someone to draft the letters for me. coz I feel i cannot draft any more letters.
 
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