I-140 NIW denied, please help!

Grace99

New Member
Unfortunately, my I-140 for NIW was denied without RFE.
VSC; 10/31/03 RD, Denied: Feb/8/05
My lawyer is talking about petition. I was not very happy
with his work, though. I wonder if I can switch to another
lawyer for petition, is that allowed? Or since I have get my
Phd, should I start a new petition all over again? Thanks
for any advice. -- desperate

At the time of petition, I was:
Working in a Nasa funded project, for PhD
Master degree from a very good US school
4 publications, (little citations, though)
7 letters, two from nasa lab director and official

The letter basically said there was little evidence of
recognition nationally and internationally of my accomplishment,
many of the ref letters are from people who have worked with me.
A project that has national interest does not necessarily ensure that the person
in the position eligible for NIW......
 
Grace99 said:
The letter basically said there was little evidence of
recognition nationally and internationally of my accomplishment,
many of the ref letters are from people who have worked with me.
A project that has national interest does not necessarily ensure that the person
in the position eligible for NIW......


Grace, I'm sorry to hear the news. Your lawyer should have known that you have to show national interest AND extraordinary ability.

Brian
 
Atb

sorry to hear that Grace!
Well, starting new case is suggested only if you have added lot to your extraordinary abilities and makes your case stronger.
Also what is your VISA status now. Can you afford to wait now!!!
 
Thanks, Brian and Atb.
I have been on OPT after getting the PHD and
now working as a postdoc. Just submitted
an H1 application.

I have two more first author papers (one as
invited review paper) since the petition. another
one under review. Four second or third
author papers. One patent pending. But
still not many citations, partly because
my field is not so popular and there is
usually a long publication cycle.

Still feel somewhat weak for EB1, welcome
any advice.
 
Grace99 said:
Thanks, Brian and Atb.
I have been on OPT after getting the PHD and
now working as a postdoc. Just submitted
an H1 application.

I have two more first author papers (one as
invited review paper) since the petition. another
one under review. Four second or third
author papers. One patent pending. But
still not many citations, partly because
my field is not so popular and there is
usually a long publication cycle.

Still feel somewhat weak for EB1, welcome
any advice.

I myself applied 3 years into my postdoc - complete sequence CPT, OPT, H1. This way, you will have made more contacts worked on more projects and therefore added to your credentials and possibly gotten more testimonials. Don't hesitate to file an MTR.
 
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