Need some help!

D

docneedsdoc

Registered Users (C)
Need some EB-1 OR help!

Hello all, I need some urgent help with my situation....

I started my fellowship in 7/03 but had only 1.5 yrs left on my h-1b. In order to circumvent this, I took a faculty position at my university as a researcher starting 7/04 and they applied for EB1-OR in 8/04. The petition was prepared by me with the help on the paralegal at the international off at the Univ (they dont use ouside lawyers).

My problem is that I just saw the following notice on the case status tracking

On January 11, 2005, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 14 days have passed and you have not received the notice, please call the National Customer Service Center at (800) 375-5283.

The Univ office has not received this yet.

1. what does this mean... is this an RFE or intent to deny?

2. what further evidence can I give them... my details
- 1 award
- 9 publications (4 as first author)
- 18 presentations (10 at national meetings)
- Had sent them 6 letters (only 1 from non-collaborator)

3. The Univ office had told me they rarely see denials for these petitions but after reading all on this forum, it seems that USCIS is pretty tough!

Sorry for the long post - but I am very worried and any help would be appreciated.

Thanks,
doc needs doc
 
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RFE. Typically 90 days given for reply.

The problem is that by not using an attorney, you are tied to the buerocrats at your universities international office not to loose the RFE. Some idiot secretary could just shred it because she doesn't know what it is, or even worse file it away into a. the wrong persons file b. some 'misc correspondence' file.

Keep harrassing them in a friendly manner to make sure that you hear about it the moment it hits their mailbox.

The direct denials all seem to be self petitioned NIW and EA cases.
 
Thanks for your input guys.

I suspect they will be asking for more evidence as my case may not be as well 'put together' as it may have been with a lawyer. Let see...

I am already out of H-1B status and on EAD only. Can I try to file NIW/EAB EB-1 petitions as well in the next 90 days so if there is a problem/denial with the OR I can continue to stay in the US by moving the I-485 to the other pending petitions?
 
> I suspect they will be asking for more evidence as my case may not
> be as well 'put together' as it may have been with a lawyer. Let see...

Could be something entirely bizarre such as a copy of your bachelors degree. Could be a letter from your universities dean that this is a position equivalent to 'permanent employment', or tenure.

> I am already out of H-1B status and on EAD only. Can I try to file
> NIW/EAB EB-1 petitions as well in the next 90 days so if there is a
> problem/denial with the OR I can continue to stay in the US by
> moving the I-485 to the other pending petitions?

DANGER ZONE !
Get your fingers on that RFE and get the help of an experienced immigration attorney to ascertain whether this is a 'slam dunk reply' RFE or a sign of a near certain denial.

If you decide to file another I140 keep in mind what a VSC adjudications officer as well as my attorney told me in a similar situation:

You CAN transfer an I485 from one supporting I140 to another IF the initial I140 was approved (scenario, one I140 approved based on LC, later EA based I140 is approved, beneficiary switches one for the other in order to have more flexibility in the choice of employer/university/self-employed) In this case, you can preserve the I485 priority date and all secondary benefits remain valid.

IF your initial I140 gets denied, you CANNOT transfer the I485 to a different I140. The I485 rests on the existence of the attached I140. The second that I140 gets denied, the I485 disappears into a cloud of white smoke as if it never existed. The fact that you have another I140 pending is deemed irrelevant. Your EAD, your AP, your and your families legal status are gone without warning.

They also told me the following:

You CAN file a second I485 along with a second I140. This I485 would NOT be denied if your initial I140 gets denied. Given the situation that your status is dependent on a valid I485, you might want to talk to a good attorney to evaluate that strategy.
 
RFE Help

Hello all,

I have just received the RFE I refer to above. It says.....

"Submit two of the following to establish that the professor or researcher is recognized as outstanding in this area.

1. Receipt of major prizes or awards for outstanding achievement;
2. Membership in associations that require their members to demonstrate outstanding achievements;
3. Published material in professional publications written by others about the alien's work in the academic field;
4. Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
5. Original scientific or scholarly research contributions in the field;
6. Authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field. "

This is quite strange as I had submitted most of this stuff with my first petition.... is it possible that because we didnt use a lawyer (but international off, which does a number of these feel I have more than enough material to be approved)....

Please share if anyone has a had a similar situation and how best to tackle this. I have 75 days left to answer them.

Regards,
docneedsdoc
 
Sounds like a tough one. This is not the 'we need a copy of your high school diploma' type. I don't want to sound too gloomy, but the next piece of communication will probably be something containing the sentence 'the petitioner has failed to....'

You might want to get back into a valid visa or explore other avenues to maintain legal status.
 
Ah! this sounds like Deja Vu! We filed for EB1 and 2. On RFE for EB1, we withdrew it. I 485 was not transfered to EB 2(supposedly"GREAT" lawyer!) and without warning, we were out of status. Filed for an O1 ASAP. now have a RFE for O1. Are submitting evidence that they need. If this works, great. If not, will submit another EB1 with I 485 to get back into status. We are still within the time frame. Hope it works. Any suggestions?
 
Hi,

jabberwocky, that doesnt sound too good! was your RFE the same as mine or different. From a lawyer here, I got the classic 'this is a really bad examiner....' story.

some questions:

1. was your petition the Outstanding researcher (OR) or the Extraordinary Ability (EAB) one?

2. when u go out of status, can you still file other petitions.... aren't u "illegal"? If yes, then at least there are some other options - though if they reject the university petitioned OR petitioned, I doubt they will approve either the o-1 or the self petitioned EB-1 (EAB).

3. can u get back into status after going out of it - dont u have to leave the country to do so?

4. Another suggestion, have u tried the NIW petition?

I am going to try to collect more evidence and send it in and see what happens - and consult some more lawyers.

Thanks,
docneedsdoc
 
> Ah! this sounds like Deja Vu! We filed for EB1 and 2. On RFE for EB1,
> we withdrew it. I 485 was not transfered to EB 2

As I stated here before: A concurrently filed I485 can ONLY be transferred to a 'new' I140 if the 'original' I140 has been approved. If anything except approval happens to the 'original' I140, the I485 doesn't even get denied, it just disappears.


> I am going to try to collect more evidence and send it in and see
> what happens - and consult some more lawyers.

Get a different means to maintain legal status before they can adjudicate the response to this RFE !!! Do not wait until they deny it.
 
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"Get a different means to maintain legal status before they can adjudicate the response to this RFE !!! Do not wait until they deny it."

what other legal status can I go into - I am done with 6 years of H-1 time, my spouse is on her own h-1b from her employer...... the only option would be a j-1 but since I have already declared intent to immigrate, I wonder if I am even eligilble for it.

any suggestions hadron?

docneedsdoc
 
Other options:

- file another I140/I485/I765 based on NIW or EA
- H4 based on your wife ? --> doesn't allow you to work but preserves your options.
 
Thanks for the responses.
To answer some Q-
1.Filed for EAB and not outstanding researcher.
2. Have 180 days to get back into status.
3. Yes, can file other petitions within that 180 day period.
4. Intend waiting for the response to O1 RFE before applying for another EB1 WITH I485 and I 765. Do not have a choice as the O1 is non immigrant and the EB1 is immigrant so cannot be filed for simultaneously. Yes, if O1 approved, have to go back to home country to get my passport stamped. Wife recovered some H1 time remaining(H1 approval came thru) so she'll be going to home country to get passport stamped.
5. No, not illegal as we r within 180 day period.
6. Have 5 more months to finish fellowship!!
 
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