jsut got RFE after 10 days filing PP

haimi

Registered Users (C)
everyone,

after 10 days filing my PP, I just got the CRIS email about RFE. Guess I will have to wait more and continue fighting. Will update you after I receive the paper RFE notice. Thanks for everyone's help and guess I will ask for help again then.
 
Haimi,

Sorry to hear that. I heard that they give RFE to most people if their PhD is within last 5 years. Hopefully your RFE is minor. Isn't it too late like 7:30 pm their time to send email? Did they describe anything about RFE? Did you do self-petition?

Thanks,

Triv
 
btw, how many days do I have before I resubmit more evidence? 30 days after the date they sent RFE notice on 4/23? If so, maybe I should contact some people about letters ASAP now? Or should I wait to see the paper notice first so that I know what they want?

brief info about me: 2nd year tenure-track assistant professor, Ph.D. from top US university (2006)

claiming 4 criteria for EB1-EA, cover letter 22 pages. I did it myself using sample from a friend's successful case. No lawers.

1) awards: I have 3 major interational awards in my area, and more than 10 others during my undergraduate study and master study in home country.

2) original contributions: 5 recommendation letters from famous scholars in my field, including 2 outside US. I also included my 8 invited talks at leading international schools/conferences (1 keynote speech) to support my original contributions.

3) authorship: 1 patent, 1 book chapter, 10 papers, more than 10 conference procedings/presentations

4) judge/review: editorial board member for 1 journal, reviewer for 2 journals, 3 major conferences, 1 doctoral competition, and other services (doctoral committee member, mentor for undergraduate student fellowship and high school student Intel Talent Search award).
 
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Triv,

thanks! I got my Ph.D. in 2006 but started as an Assistant Professor in 2005. This is common for my area. If the PhD is an issue, that would be bad.

CRIS sent me email at 8pm. It's the standard message online. Here it goes:

pplication Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: We mailed you a notice requesting additional evidence.

On April 23, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.


Haimi,

Sorry to hear that. I heard that they give RFE to most people if their PhD is within last 5 years. Hopefully your RFE is minor. Isn't it too late like 7:30 pm their time to send email? Did they describe anything about RFE? Did you do self-petition?

Thanks,

Triv
 
Haimi,

Thanks for the info. Since you have a faculty position shouldn't university sponsor you in EB1B-OR? You have a strong case, I believe they just need some more time. Also I guess you have 90 days to respond unless it is NOID where it is about 30 days.

Thanks,

Triv
 
Triv - thanks! If it is 90 days, that would be great! I didn't do EB1B-OR because I think I can do myself much faster in 1 month (the university and its lawers will need about 5-6 months to do this).

Haimi,

Thanks for the info. Since you have a faculty position shouldn't university sponsor you in EB1B-OR? You have a strong case, I believe they just need some more time. Also I guess you have 90 days to respond unless it is NOID where it is about 30 days.

Thanks,

Triv
 
sorry to hear about your RFE hiami. You have strong credentials, I hope you get approval on submitting additional evidence.
 
If I remeber correctly, OP/OR-EB1A requires that you have 3 years full-time employment in your line of work. However, I think you can claim your TA/RA-ships as experience, but sometimes they can give you trouble on that. However, that is not to say your RFE is going to be on this area. It very well might be rather trivial. As long as you have tenure-track or tenure position and you are employed in the area of your expertise (or Ph.D), USCIS does not generally deny a petition, but for whatever reason they can always hassle us. Good luck with RFE response.

brief info about me: 2nd year tenure-track assistant professor, Ph.D. from top US university (2006)
 
Thanks ludhianvi and greengolum! I will try to call them to get a faxed copy of the RFE first to see what they request.
 
I just got the RFE in fax. They actually sent it to my office yesterday (before I called them to ask for a fax copy). They did process it and the RFE asked some specific information. They did ask the question regarding degree and employment (I got PhD in 2006, but started faculty employment in 2005). They also want more specific information (e.g., for a certain award, they want to know how many competitors; for each conference presentation, they want to know how many presenters and how many atendees, etc.). So I will have to work carefully on the reply letter then.

Also, on the cover page of their fax, it says "In order to facilitate the prompt processing of your Premium Processing Petition, this request for additional evidence is being forwarded to you by facsimile. Response by facsimile is preferred If you do not respond by facsimile within 72 hours, this request will then be sent to you US mail. You will still be allowed twelve (12) weeks to respond. PLEASE DO NOT RESPOND BY BOTH MAIL AND FAX."

So my question here is: Has anyone responded to RFE by fax? Is this a standard message for all RFE faxed? responding by fax seems difficult (within 72 hours) although not impossible (new reference letters would be iimpossible - but they didn't ask for new reference letters). Should I try to do that? It says FAX RESPONSE PREFERRED. But I guess it won't make it easier to approve my case if compared with mail response, right?
 
Hi Haimi,

Take your time and prepare the RFE response effectively. No harm in sending more letters. The more evidence you show your case will become more strong. Send the response package by USPS mail or FedEx.

Good luck
 
Thanks madgu-gc2005!

Also, if I mail them the response with new and old supporting documents, should I prepare it in a way similar to the original submission (i.e., new cover letter plus all supporting documents--new and old)? Or should I keep the new documents seperate, while also including a copy of all old documents? I guess no need to include the old cover letter, right?
 
YOu have to send ONLY the new documents. Probably you might notice in your RFE saying that "don't send the duplicate documents". You have to write a new cover letter highlighting the points whatever the service center asked you to do. Apart from that you can add more new information in the cover letter (like enclosing new letters). Hope this helps.
 
I just got the RFE in fax. They actually sent it to my office yesterday (before I called them to ask for a fax copy). They did process it and the RFE asked some specific information. They did ask the question regarding degree and employment (I got PhD in 2006, but started faculty employment in 2005). They also want more specific information (e.g., for a certain award, they want to know how many competitors; for each conference presentation, they want to know how many presenters and how many atendees, etc.). So I will have to work carefully on the reply letter then.

Haimi, I think the RFE is a doable one. May be you have already done these.... but my few thoughts that might be helpful....

Regarding the award questions, may be these might help....

1. ...I attached the list of previous winners. I did highlight their positions...... what they are, which universities/organizations, their webpages, CVs (if you can get them). I think they might help........ saying that you are in an elite group of achievers.........

2. More information about the organization that gave the award.... number of members in it.... members from around the world etc.... so a "really prestigious" organization etc.

Regarding the conference question...
I think yours was a lead presentation. Include the list of all participants. If they are international in nature (which I am sure is) highlight them and their countries.... I got a letter (I think even an email would be fine, if not much time) from the organizer saying that "individuals considered as pioneers and leading experts in _____ field" are selected as lead presenters.... If he could also add a few lines highlighting the importance and significance of your work that would be great.

I hope these may help. Again, if you have already done these, please ignore...

Good luck with your case. I am sure it will be approved soon, given the fact that they are willing to accept your response by FAX within 3 days. So, if you carefully and politely answer to their queries I think you will know the result within this week...... or early next. BUT, AS MADGU2005 SUGGESTED - TAKE TIME DO IT LEISURELY, ADD SOME LETTERS ALONG WITH THE REQUESTED INFORMATION. YOU ARE GOOD TO GO...
 
Thanks madgu and dgrajan! This is really big help!

One critical question after I read the RFE letter more carefully. The main question seems to be that I provided many evidence predating my faculty employment (e.g., awards/publications during PhD study and earlier). So they ask me to "please provide evidence how awards and other achievements predating your employment satisfies any of the criteria for Extraordinary Ability"? How to respond to this question? My thought is that I should focus on the research nature of my job and state clearly that research experience during PhD study and earlier in the same field is an important indicator of my research ability and my current research experience since employment is a continuation of prior research experience. Is this in the right direction? Any suggestions will be greatly appreciated!
 
Well, the response depends on what field/or area of study you are in. If you are in biosciences or other such applied area this is little bit more easy to demonstrate. However, if you are in non-sciences/engg, then the burden is on the applicant to demonstrate the research dimension of your case so that the adjudicating officer understands your area of speciality.

Thanks madgu and dgrajan! This is really big help!

One critical question after I read the RFE letter more carefully. The main question seems to be that I provided many evidence predating my faculty employment (e.g., awards/publications during PhD study and earlier). So they ask me to "please provide evidence how awards and other achievements predating your employment satisfies any of the criteria for Extraordinary Ability"? How to respond to this question? My thought is that I should focus on the research nature of my job and state clearly that research experience during PhD study and earlier in the same field is an important indicator of my research ability and my current research experience since employment is a continuation of prior research experience. Is this in the right direction? Any suggestions will be greatly appreciated!
 
Haimi,

If I understand the USCIS statement correctly, I think what they want to know is this: You have shown that you have won awards before your current employment... Tell us (meaning USCIS) how these awards make you a person with extraordinary ability and which criteria of EB1-EA do these awards satisfy. I guess what you will have to show is clearly define which criteria these awards satisfy and give them proof how good these awards are... like you are the among the top 10 of 500 people or only 2 person per year around the world or something along those lines. You need to get more info about "how selective or how great these awards are". Just my thoughts. Good luck!
 
btw, how many days do I have before I resubmit more evidence? 30 days after the date they sent RFE notice on 4/23? If so, maybe I should contact some people about letters ASAP now? Or should I wait to see the paper notice first so that I know what they want?

brief info about me: 2nd year tenure-track assistant professor, Ph.D. from top US university (2006)

claiming 4 criteria for EB1-EA, cover letter 22 pages. I did it myself using sample from a friend's successful case. No lawers.

1) awards: I have 3 major interational awards in my area, and more than 10 others during my undergraduate study and master study in home country.

2) original contributions: 5 recommendation letters from famous scholars in my field, including 2 outside US. I also included my 8 invited talks at leading international schools/conferences (1 keynote speech) to support my original contributions.

3) authorship: 1 patent, 1 book chapter, 10 papers, more than 10 conference procedings/presentations

4) judge/review: editorial board member for 1 journal, reviewer for 2 journals, 3 major conferences, 1 doctoral competition, and other services (doctoral committee member, mentor for undergraduate student fellowship and high school student Intel Talent Search award).


haimi,

I believe you have a strong case. Maybe they need a few more recommedation letters. Take it easy, nothing big.

I am doing EB1A too and ready to mail it now. I have a few questions. So you did Eb1a-140 efile first and then mailed the supporting materials togehter with the copy of the receipt from internet (the 1st page?) to them. After they received it, you did I 907-e-file? I thought you should mail the receipt of 140 and 907 together to them. Also do you have to mail the receipt of 907 to them again?

Let us know what they ask from you.

Good luck!
 
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Sorry I haven't read through all the mail. You have already got the RFE. I think as other guys said, you should provide mpre details about those awards and the meeting like how many people attend, how many aplicants, how many got award etc. It's a easy job. You should get approval soon. Good luck!
 
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