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If 140 denial after ref-please help
- Thread starter NIW-2003
- Start date
will_get_there
Registered Users (C)
Denial Depends on the RFE and response....
It all depends on the RFE details and how did you respond to it. If the response did not contain anything new and better than you submitted earlier, the chances of denial are high.
My friend has a Masters from MIT (Computer Science) and 5 patents and some publications in top journals. He also has filed in OR and NIW. Can you tell me what are his chances and how does his credentials match up with yours ?
Btw. what is your field and what was the RFE about ?
Yes you will be out of status ( even back dated out of status ) if the case is denied.
will_get_there
It all depends on the RFE details and how did you respond to it. If the response did not contain anything new and better than you submitted earlier, the chances of denial are high.
My friend has a Masters from MIT (Computer Science) and 5 patents and some publications in top journals. He also has filed in OR and NIW. Can you tell me what are his chances and how does his credentials match up with yours ?
Btw. what is your field and what was the RFE about ?
Yes you will be out of status ( even back dated out of status ) if the case is denied.
will_get_there
here the my inf
I-140 NIw Advance degree (PhD)
The following evidence is needed to prove eligibility for section 203B NIW preference.
1). please submit evidence that the applicant seeks employment in the an area of substantial intinsic merit.
2).please submit evidence to establish how the benefit you are to import to united states will genuinely be on national scale.
3). Please submit evidence to persuasively establish that the national interest would be adversely affected if an employer required to obtain laborcertification from the us department of labor.would a Us worker withnthe same minimum qualifications be able to perform the same occupation and serve the national interest to a similer degree. how will you serve the national interest to a substantially greater degree that other individuals in your field?
This is the orginol message and if any body have the same experiance please give me some information.
thanks
I-140 NIw Advance degree (PhD)
The following evidence is needed to prove eligibility for section 203B NIW preference.
1). please submit evidence that the applicant seeks employment in the an area of substantial intinsic merit.
2).please submit evidence to establish how the benefit you are to import to united states will genuinely be on national scale.
3). Please submit evidence to persuasively establish that the national interest would be adversely affected if an employer required to obtain laborcertification from the us department of labor.would a Us worker withnthe same minimum qualifications be able to perform the same occupation and serve the national interest to a similer degree. how will you serve the national interest to a substantially greater degree that other individuals in your field?
This is the orginol message and if any body have the same experiance please give me some information.
thanks
uh-ohh,
This is the standard 'NYS-DOT' type RFE. If you reply to it they will agree that you established 2 of the 3, but deny you based on the 3rd one. (there is a pattern here).
I am not an expert on NIW, but read the stuff I have written in the 'I140 denied' thread
http://www.immigrationportal.com/showthread.php?t=140295&page=2
Maybe it is time to hire a lawyer at this point, in your case there is a lot at stake.
Also think about filing another I140/I485 based on EA or OR so you don't go out of status (VSC told me last week that you can file as many concurrent I485 as you please)
You might want to get back onto some sort of visa, if your qualifications are good you might be able to get an O1.
This is the standard 'NYS-DOT' type RFE. If you reply to it they will agree that you established 2 of the 3, but deny you based on the 3rd one. (there is a pattern here).
I am not an expert on NIW, but read the stuff I have written in the 'I140 denied' thread
http://www.immigrationportal.com/showthread.php?t=140295&page=2
Maybe it is time to hire a lawyer at this point, in your case there is a lot at stake.
Also think about filing another I140/I485 based on EA or OR so you don't go out of status (VSC told me last week that you can file as many concurrent I485 as you please)
You might want to get back onto some sort of visa, if your qualifications are good you might be able to get an O1.
Last edited by a moderator:
> Some body is going to apply H1 (new company) for me starting from
> October 1st
I believe in order to switch back to a visa you would indeed have to leave the country, that applies to H1 and O1. But I am really not sure about that. You might be able to just go up to Canada for that purpose. Apparently there are people on this board who have managed to get their H1 stamped in Canada.
With H1b, beware of the cap, this seems to be a real bitch this year.
Can you get them to support an OR or LC for you, or is that one of these fly by night H1b bodyshoppers ?
> October 1st
I believe in order to switch back to a visa you would indeed have to leave the country, that applies to H1 and O1. But I am really not sure about that. You might be able to just go up to Canada for that purpose. Apparently there are people on this board who have managed to get their H1 stamped in Canada.
With H1b, beware of the cap, this seems to be a real bitch this year.
Can you get them to support an OR or LC for you, or is that one of these fly by night H1b bodyshoppers ?