NIW Approved!!!

bmh.in.oz

Member
NIW Approved!!!

I am Australian citizen, resident Australia, no job or job offer in US.

ND September 10 2001
RFE June 2002 (NYSDOT)
RFE received September 6 2002
AD September 20 2002

Successfully argued NIW, NYSDOT. What now for CP???



:D
 
Congratulations. Could you please post a brief summary of your qualifications which would be useful to others deciding to go for NIW. Also which INS service center was it?
 
Congratulations

Hi, bmh_in_oz, Congratulations!

What do you mean "successfully argued NIW"?

Thanks
 
20+ years experience in radio and navigation technology.
Associate Degree 1983
Bachelor of Engineering 1995
PhD 2001.

I140 self-petitioned through Texas Service Center. RFE questions were standard NYSDOT:

What effect would your work have on the United States as a whole?

What mechanism is in place or can reasonably expected to be in place to transmit the benefits of your work to the United States?

Would a US worker with the same minimum qualifications be able to perform the same occupation and serve the national interest to a similar degree?

How will you serve the national interest to a substantially greater degree than other individuals in the field?

Do you possess any special skills, knowledge or abilities that could not be articulated on a labor certification?

Please submit persuasive documentary evidence to substantiate your response.

You need to successfully argue each of these points and back them up with documentary evidence.
 
Dear Aussi friend,
Could you please write in brief how did you argue all these scary questions in your favor especially, the fifth one. How long did it take you to get I140 approved from texas center.
Thanks Pratibha
 
Dear bmh:

Thanks for the reply, but sorry to bug you again:

How many recommendation letters?

Did you use an attorney, or file the papework by yourself?
 
I based my argument on labor certification around how my knowledge and skills are unique to the subject area. This is really dependent on each case but I tried to make my particular skills and knowledge uniquely "fit" into the work area. It is this "fit" that I argued could not be articulated on a labor certification.

I submitted the case myself, without any recommendations letters. I received the NYSDOT RFE and used 3 recommendation letters to back up each of my arguments.
 
Do you emlpoy a lawyer?

How about your lawyer? Could you please tell the information of your lawyer?
 
Originally posted by bmh_in_oz

I submitted the case myself, without any recommendations letters. I received the NYSDOT RFE and used 3 recommendation letters to back up each of my arguments.


Wow, this is truly an amazing feat, getting it done with only 3 letters. Congratulations. This reinforces my thought that immigration lawyers that insist on 10 letters for NIW are too friggin' lazy to put any effort into putting a decent case together for their clients. My own was approved with 5 letters.

Brian
 
Brian:

Maybe you had posted this earlier, but could you post a summary of your case as well (degree and date of graduation, field, #papers, awards, which service center, date of approval). Thanks.

I also know of a case where the person got NIW approved (after 1998) with 3 letters, basically from his thesis committee.

Also would the INS look at the age of the person or the number of years after obtaining PhD? For instance would it be more difficult to claim EA or NIW when you have just finished PhD?
 
Originally posted by Raj1994
Brian:

Maybe you had posted this earlier, but could you post a summary of your case as well (degree and date of graduation, field, #papers, awards, which service center, date of approval). Thanks.

I also know of a case where the person got NIW approved (after 1998) with 3 letters, basically from his thesis committee.

Also would the INS look at the age of the person or the number of years after obtaining PhD? For instance would it be more difficult to claim EA or NIW when you have just finished PhD?

Sure.

PhD, 1996, chemistry from a well known Canadian university
5 papers, first author on 4 of them
5 papers given at conferences
Several minor awards, including two from my present employer
EB-1 EA and NIW both approved at the VSC in June, 2001. Completed CP using the EB-1.

I don't think there are any legal implications for the age of the person. However, the longer one is out of school, the more chances one has of qualifying for some of the other criteria necessary for a successful application as they gain more experience in the workplace.

Brian
 
Brin: Thanks for the reply. May I also ask about the 5 recommendation letters: how many were from people who knew you well (e.g. supervisors) and how many were from people who were not well known to you (like just met in conferences). The reason is that the INS tends to give more importance to letters from people who dont know you well, as they know that supervisors usually give good letters.
 
Originally posted by Raj1994
Brin: Thanks for the reply. May I also ask about the 5 recommendation letters: how many were from people who knew you well (e.g. supervisors) and how many were from people who were not well known to you (like just met in conferences). The reason is that the INS tends to give more importance to letters from people who dont know you well, as they know that supervisors usually give good letters.

They all knew me.

Brian
 
I agree with Brian, the quantity of letters required is not as important as the quality they offer in support of your arguments for NIW. My 3 letters were all from people who knew me from my PhD study. 2 were from my local supervision team (both well regarded experts in the field) the other was from a US examiner of my PhD, highly respected in the US.

I had examined the NYSDOT decision in detail and when I asked for the letters I framed the request in the terms that needed addressing. The field in which you work is fundamental to the national interest aspects and I think that this is what allowed me to use only 3 letters; as the field was already defined by its very nature as being nationally important.

One last thing, research and learn as much as you can (just like doing a PhD). This forum has been a great asset and if you feel confident you can do it yourself as I and others have. If however you have any doubts refer to good lawyer.

By the way thanks to the Law Offices Of Rajiv S. Khanna for provided this great communication resource free of charge.
 
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