NIW Appeal denied

L

leohawk

Registered Users (C)
filed Feb/2001, asked for more info Sept/2001, denied March 2002, appealed in April/2002, transferred to Administrative Appeals office in May/2002

appeal dismissed March 18th...

So f**ked up, my attorny is just a D*ck,

the letter from INS say I can give a motion to reopen the case by providing more informaiton... within 30 days... should I do it or should I just forget the whole thing and leave the country? I am using H1B1 right now... as I am a faculty member of a medical school, should I try Outstanding research status?

Best
 
I suggest not seeking for motion. The success rate of appeal is less than 10% and the success rate of motion is even less. It has been two years since you filed NIW in 2001. You should have some new research papers published. I suggest rewriting your NIW petition and refiling it together with EB1-OR at the same time. If you live within the jurisdiction of California Service Center, it has no waiting time to process NIW, which means you can get result very quickly. As of 04/01/2003, CSC has processing date of 04/01/2003 for NIW cases. Good luck.
 
Originally posted by leohawk
filed Feb/2001, asked for more info Sept/2001, denied March 2002, appealed in April/2002, transferred to Administrative Appeals office in May/2002

the letter from INS say I can give a motion to reopen the case by providing more informaiton... within 30 days... should I do it or should I just forget the whole thing and leave the country? I am using H1B1 right now... as I am a faculty member of a medical school, should I try Outstanding research status?

Best
Click to expand...

Wow, that really sucks. Don't give up. It's probably pointless to appeal the appeal. I probably would have done the OR in the first place.

Brian
 
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