NIW approved at VSC

robertx

Registered Users (C)
INS: Vermont
Case: EAC-02-04?-?????
Notified Date: 11/21/2001
Approved Date: 01/22/2002
Received Date: 2/6/2002
RFE: NONE
Self-petitioned
Background: Master\'s Degree , several publications .

Actually I had filed NIW case before with the help of a lawyer. After one year and RFE, my case was denied. Without appeal, I held back for two months and spent time to enhance the presentation part--project summary. This time , I did it all by myself and passed without RFE. What we could learn from this? Subjective decision making will make pass or fail partially dwelling on luck. Secondly, you need to work HARDER than your lawyer. Don\'t expect your lawyer to cover your case 100% because an overwhelming majority of work can be done only by YOU.

I list a paragraph below I excerpted from else where to show how you should present yourself to INS. Try to argue and convince your close friends before mail your pack. The first point can be easily met. The rest two are much tougher.

" ***********************************************
First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. This criteria has been proven quite easy to satisfy in most recent NIW cases.
Secondly, it must be shown that the proposed benefit will be national in scope. It means that alien\'s perspective contribution will bring benefits not to a limited region in the U.S., but national in scope.
Finally, the petitioner seeking the waiver must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required for the alien. The petitioner must demonstrate that it would be contrary to the national interest to potentially deprive the prospective employer of the services of the alien by making available to U.S. workers the position sought by the alien. The labor certification process exists because protecting the jobs and job opportunities of U.S. workers having the same minimum qualifications as an alien seeking employment is in the national interest. An alien seeking exemption from this process must present a national benefit so great as to outweigh the national interest inherent in the labor certification process. Stated another way, the petitioner, whether the U.S. employer or the alien, must establish that that alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.
"***********************************************

Cheers,

RobertX
 
Great job.

It\'s very quick compared with my cases.

(1) My I-140 (NIW) was EAC-01-055-***** and I-485 is EAC-02-065-*****. That\'s a whole year!
(2)I have another case I-129 (change from F-1 to H-1) SRC-02-041-*****, not approved untill recently.

I wish you the best in AOS/CP.
 
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Robertex: Congratulations!!!! I have a couple of questions for you. 1). How many recommendation letter do you submit to INS?
2). When did you mail your application package out? I just want to get an idea how long it take INS open the package after they receive it. Thank you very much for your help in advance. ---flybird
 
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1. Six letters
2. It took me eight days until receiving notice. You could ask for a "domestic return receipt" service while sending your package. This receipt will go to INS and then be stamped there and eventually go back to you(self petition) or your lawyer. This nice little thing would buy your confidence that INS now has it.
 
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Hi, Robertx: thank you so much for your information and little "tips". I wish you all the best on the I-485 processing.
flybird
 
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The hard proof part is essentially the same. The difference is the presentation part.The INS center is the same in both cases.
 
SOme help with EB2-NIW

Hi RObertx:
Congratulations on your success! May you be ever more successful in your ongoing endeavor...
COuld you please post your qualification details...Also, I am trying to make an EB2-NIW application and would like some help! Could you give me some pointers and tips with regards to presentation of material? You can email me at krsn1@yahoo.com. I\'ll be greatly oblidged, if you could also include some important passages from your reco letters.
Thanks,
-Paresh
 
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