Need help on EB1 (OR)

B

bluepete

Registered Users (C)
Hi,

My EB-1 (OR) just got denied at CSC. My pettition was filed 02/2003, and RFE 03/2004. My job locates at MA.

I have collected 15 support letters, including ones from APS and IEEE fellows, and professors outside of US. However, CSC just discounted all the support letters and my publications, and citations of my papers. Apparently, my company's lawyer didn't prepare it well at the first place. I intensively and extensively collected a lot of materials for RFE response. However, it looks like the standard for OR suddenly becomes too high to be satisfied.

The lawyer likes to try appeal: first for reconsideration, and second to AAO, because she thought my support materials are very thorough. However, I feel the chance is so slim. Even though there is ground for arguement, it is around boundary and can go either way. Plus, I don't feel very confident about the immigration lawyers hired by our company.

I am thinking about stoping this effort and switching to LCA. Any alternative for me? Is appeal a good way to go? I am concerned of wasting time and effort for something unrealistic.

I wish I knew this forum earlier.

Thanks in advance!
 
Bluepete, sorry to hear about the denial. I applied at CSC in May last year and is still nervously waiting. Would you mind share your qualifications and the content of your RFE? It'd be greatly appreciated. I would also be interested in hearing what other people say about appeals. I might need it too.
 
What else did you have besides letters and publications/citations? That alone isn't enough.
 
Additionally, being paper refree for journals. Basically, CIS just downplayed whatever publications and citations we presented. I think the lawyer hired by our company did lousy job right at beginning. The attorney told me that they received another denial at the same time, with the same language from CIS.
Any advice??
 
what I think you should do is:

1. File an appeal. It's a company lawyer so it costs you nothing.
2. Start labor certification if you feel it is productive
3. Take your case and show it to another attorney, see what he/she says. It will cost $100-200 but you'll get a second opinion and if the case is good the appeal is denied you may consider refiling with different lawyer.

What did you have for the proof of refereeing?
How many papers do you have?
How many first author?
How many in this country?
What's the quality of the journals?
How many citations?
 
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What is your highest degree? If it is PhD, was it from a US university or outside the US? Did you argue that you have three plus years of research experience. Did your papers have too many co-authors?

Also, I am curious to know why CSC when your office is in MA. Is it because that no LC is needed, you can file at any of the four centers?
 
I got my PhD inside US. CSC accepted my 3 plus year research experience, and being journal referee. Journal papers not many, but in journals within top 5, about 5 co-authors. CSC argued that the papers were written during my pursuing degree, and its importance may not be the same as those written by educators. My papers were cited over 20 times by other researchers in top universities and national laboratories. CSC's arguement is that it only showed my work is useful. So, to my understanding, if I am sitll in national lab or in a university, the past work can be deemed important as from an educator.

There are some grounds for arguements, e.g. CIS thought most of my support letters were from my former school, and people worked with me. This is not true.

I am not against appeal, but I don't want to start my LC after all appeal fails. I am trying to get my company start my LC. The law firm hired by our company had a different lawyer handling the case now, and the new attorney seems more active and experience in OR cases than previous one. She reviewed the submitted materials and viewed they were very thorough. She didn't think there would be any additional material necessary. Anyway, the problem is that each side has different interpretation. To file appeal is for sure. Actually, it is not a decision I can make or stop.

Company's lawyer filed the petition to CSC, though my location is in MA.

Is is worth trying NIW by myself?
 
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bluepete said:
CSC argued that the papers were written during my pursuing degree, and its importance may not be the same as those written by educators.
Click to expand...

Obviously, the reviewer is not aware of the fact that "educators" don't actually do their own research. That's what they have slaves, I mean grad students/postdocs, for.

Brian
 
My feeling is that you should try to appeal. My understanding after reading most people's experiences is that the officer who looked at your case was harsh.

It is important to know how many first-author papers you have. Did the recommendation letters mention that your PhD work was "internationally outstanding", and that collectively the work you had done led to a major contribution to your field. It looks like you argued three points for OR: (1) major contributions (2) publications and (3) judge of others. But without first author papers it may be hard to show you contribution was major and that the publications are significant for your case. So they may have discounted the first two. I am also told that the USCIS sometimes questions OR or EA if the person is young, in that how come a person so yound could be recognized as internationally outstanding (somewhat weird eh?)
 
The attorney currently overseeing my case discussed the appeal with me. Basically, CSC used EA's regulations for my case. So, there is legal ground for arguement. I had two first authored journal articles and the rest were conference papers. The papers were about US government funded projects, and the results led to some important experiments at national laboratories.
The law firm is drafting the appeal now. I don't know how much hope I can have.?
 
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