NIW approved with wrong clause

R

RHTK

Registered Users (C)
HI
I got this email that my NIW petition was approved earlier. HOwever, the final approval notice arrived later indicating that they have approved me as NIW physician, which comes with a clause of serving in underserved area for 3-5 area before my 485 is approved. Now my petition/my skill does not indicate that I applied on these grounds. I am a physician but the background was research and scholarly activity which obviously cannot be conducted in underserved area. the petition was duly backed up by expert letters, publication list etc. We have asked for clarification from INS. it was nowhere argued that I would work in underserved area.

Any ideas or similar experience in past from anybody would be helpful

thanks

RHTK
 
hi there,

i am also a physician who applied for the research based NIW at VSC. I got my I-140 approved as a researcher. What service center did you apply at? Did your application clearly state that you were a biomedical researcher?
 
hi there,

i am also a physician who applied for the research based NIW at VSC. I got my I-140 approved as a researcher. What service center did you apply at? Did your application clearly state that you were a biomedical researcher?
 
hi there,

i am also a physician who applied for the research based NIW at VSC. I got my I-140 approved as a researcher. What service center did you apply at? Did your application clearly state that you were a biomedical researcher?
 
Clause

I applied at VSC and my petition (as prepared by lawyer) referes to me as physician at most places. I guess i have to review it again

thanks

RHTK
 
RHTK, how do you know that your NIW 140 approved with a clause of serving in underserved area?
Is it printed out on your 140 approval notice? or it has an attached letter?

Shouldn't it just have a standard category like Advanced degree or exeptional ability requesting a National interest Waiver?
 
Last edited by a moderator:
Its there

Its written on approval letter. The category of I140 states that it is filed in avanced degree/exceptional ability in national interest. the wording of approval statest that your petition for NIW physician has been approved and unders clauses so and so section xyz my 485 cannot be adjucated until i serve in underserved area from 3 to 5 years
there seems to be no progress yet
I heard there have been previous cases like that

can any body point out to the right direction please

RHTK
 
Last edited by a moderator:
RHTK said:
Its written on approval letter. The category of I140 states that it is filed in avanced degree/exceptional ability in national interest. the wording of approval statest that your petition for NIW physician has been approved and unders clauses so and so section xyz my 485 cannot be adjucated until i serve in underserved area from 3 to 5 years
there seems to be no progress yet
I heard there have been previous cases like that

can any body point out to the right direction please

RHTK
Click to expand...

Did you check out the Physicians forum? What does your attorney say? If this is a mistake, then it should be fixable. This is clearly outside the scope of this forum and needs some professional help.

Brian
 
It must be a mistake.
I know 2 cases for sure, both for physicians and self sponsored.
NIW EB2 denied at VSC. One in Nov 2004, the other in Feb 2005. Both cases were reopened and approved on USCIS motion without any action taken (the may have a quality control) in March and April as selfsponsored.
I guess you need you lawyer to write them a letter to point on their mistake. Somebody just pressed the wrong botton.
 
Thanks

Physician forum also did not help much
My EB1 was denied and reopened by USCIS motion (without appeal) but they sent RFE, not approved. NIW screwed becuase some birght fellow at INS thought it was a NIW physician petition. I tried to look into NIW physician category and the requirements are entirely different. there is no way this petition could be considered as NIW physician except that there are two words in common (Of course unless somebody just read only these two words).I do have an attorney who is dong " his best" but INS does not seem to pay attention so far. Just trying to see if there have been previous cases like that and how they were resolved. Googling the web revealed that sometime ago they approved an engineer as NIW physician and he/she was told to refile (Scary?)
thanks for your help

RHTK
 
You must log in or register to reply here.
Top