I-140 OR denied and what shall I do next?

O

omvpe

Registered Users (C)
I really need a help on this.

I filed I-140 and I-485 as an outstanding researcher in California, Octobor 2002. I submited REF Feb 21, 2003 and had been waiting for a response for a long time.

On Sept. 24th, BCIS denied my I-140 due to lack of awards and no significant usage of my pioneered works in compound semiconductor fields. I had 13 scientific publications in renouned journals and 7 conference papers.

A few days ago, my sponsor company was sold to a new company and many PhDs left.

What shall I do next? Should I file another I-140 as OR and
is it doable? I've heard that there is a self-filing for OR.
Could somebody explain it to me or refer to a website or something?

I appreciate your help in advance.
 
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You have 13 scientific publications in renouned journals. That's pretty good. However, is that the only thing you have for OR category? Any membership? Did you review other's papers for any journal?
 
No. I have never done reviewing and also don't have any awards.

Is it better to appeal or stay put?
 
I sincerely do not mean to discourage or dishearten you,but I guess the criteria for OR are very strict and go beyond 13 publications.

Probably you might have been better off filing under NIW.

Also,by your post, I surmise that you filed the petition yourself. It would have been better had you retained an attorney who could have advised you whether to go or not for OR in the first instance.
And incase you did use an attorney,it is high time to change him/her.

Anyway, my opinion is better not to appeal and waste more money and time.

Surely, you might have had more achievements since you filed your original OR.

Perhaps you should consult a good attorney and reevaluate your position for filing another petition either under OR or NIW.
 
I used attorney and I think my attorney is not good.

NIW offers better chance for me? Is it easy to do myself?
 
omvpe, how did the BCIS meassure whether there is significant usage of your work? By the presence of awards and recognition? By the number of citations? By reference letters? How many citations do you have? Any published articles about your work? Your information would be appreciated by this fellow OR petition beneficiary.

To the genearl forum participants, is it true that NIW has less strict criteria than OR as claimed by GCChaahiye? I thought EA is very strict but OR is less so and probably the easiest one among the three. That's what my attorney told me. But if you have a strong national interest case, probably NIW is better?
 
gw3 :

I am not " claiming " that NIW is easier than OR.

On these forums, no one "claims" anything. The people who reply here are not lawyers and they do not give you any professional advice.

I just expressed my opinion. If NIW were easier than OR/EA, then CIS would have done away with OR and EA, as nobody would have had filed under these categories.

Nothing is easier.

It all depends on the strength of each individual case.And the best person to advise is a GOOD attorney.If someone feels that his/her attorney is not good, then it is better to look for some other attorney. And good attorneys come for a price. But it would be worth it rather than getting wrong advice and having the petition denied after spending some money and a lot of time.

omvpe:

The above applies to you as well.

As for filing NIW yourself, I cannot advise you on this.

I would suggest, have your CV appraised by a good attorney. Most of them do not charge for such an evaluation. He/she can tell you what your chances are,how good they are and what would be the best category. You can then decide for yourself.

I would like to say that there are some nuances and very delicate legal matters which only a good attorney would be aware of and can take care of when filing the petition.

However, if you do intend to file your petition whether it be under OR/EA/NIW, then there are other knowledgeable people on this forum who can perhaps give you some tips.
 
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I agree or1or2

you should try to make your case have three
out of six items for OR. (only two may not enough nowaday). Get more letters from
other contries are much more effective than
from your colleagues, you may need to get help from a GOOD lawyer.
urch
 
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