NIW I140 Denied

asterhamid

Registered Users (C)
HI all, i am new to this forum. I had applied for the NIW on Jan 6 2006 and yesterday got a denial notice. I dont know what options do i have, should i file for an appeal or submit the application in a new category, although my application can be filed in EB-1A also. There are a few people here who had filed for NIW and got an approval, strange enough their credentials are much lesser than mine, i dont know what happened with mine. Also I am on an H1-B visa which is valid till Sep 7 2007, i havnt had an extensions yet. Would this denial affect my getting an extension on H1-B in future. I am really depressed and dont know what to do. Please help and advice.
Thanks
 
asterhamid said:
HI all, i am new to this forum. I had applied for the NIW on Jan 6 2006 and yesterday got a denial notice. I dont know what options do i have, should i file for an appeal or submit the application in a new category, although my application can be filed in EB-1A also. There are a few people here who had filed for NIW and got an approval, strange enough their credentials are much lesser than mine, i dont know what happened with mine.

You can post your credentials then people may drop their opinions. In which center did you apply?


Also I am on an H1-B visa which is valid till Sep 7 2007, i havnt had an extensions yet. Would this denial affect my getting an extension on H1-B in future. I am really depressed and dont know what to do. Please help and advice.

No, the denial won't affect anything, except for your mood.

Thanks
 
Thanks pplu, atleast something is good.

My credentials:
5 and half year research experince post PhD in molecular biology and signaling.
10 published papers and 6 abstracts.
My research work has been cited by others.
Member of scientific associations.
Received American Heart Association Travel award to present my work at the annual scientifc meetings.
Received a second best award for presenting my work here in USA.
Part of the research team that was conferred with two massive pilot projects grants amounting to $17 million from NIH.
Invited to review scientific papers.
Three years of teaching experience in India.
Recepient of University Gold Medal In my Masters from India.
Recepient of 3 National Monetary Awards for research from India, based on exams and interviews.

I had submitted my application at the Texas Service Centre.

I dont know should i appeal, what evidence should i furnish. or should i start with a fresh application in a different class.
Thanks
 
asterhamid said:
Thanks pplu, atleast something is good.

My credentials:
5 and half year research experince post PhD in molecular biology and signaling.

*What concrete achievements?

10 published papers and 6 abstracts.

*Good.

My research work has been cited by others.

*How many? If not many, don't emphasize but just mention. Hopefully you didn't stress a handful citations.


Member of scientific associations.

*You can mention it but don't emphasize if they are not something like Academy of Science.

Received American Heart Association Travel award to present my work at the annual scientifc meetings.

*Travel award doesn't count. This has been mentioned in many articles.


Received a second best award for presenting my work here in USA.

*How big is the conference? Reputation of the orgnization?

Part of the research team that was conferred with two massive pilot projects grants amounting to $17 million from NIH.

*How significant is your role? Certainly they know you are not the princinple (you won't need to apply GC if you can have such funding)

Invited to review scientific papers.

*Good.

Three years of teaching experience in India.

*OK
Recepient of University Gold Medal In my Masters from India.

*Not count.

Recepient of 3 National Monetary Awards for research from India, based on exams and interviews.

*Any award based on exams won't count. This is also mentioned in many posts.

I had submitted my application at the Texas Service Centre.

I dont know should i appeal, what evidence should i furnish. or should i start with a fresh application in a different class.

*What did they say in the denial letter? Did you get an RFE? Based on your background I would say it is hard to immagine they didn't issue an RFE. But if you really did NOT get one, I would bet you presented your case quite badly. I would recommend to talk to lawyer before you appeal or re-submit (I think re-submit is better)

Thanks
 
Thanks
No they did not ask for RFE, the letter said about Lobor certifcation stuff. I will talk to lawyer about this on Monday. Anyway what happens even if your appeal is rejected.
Thanks
 
Then you didn't pass the 3rd prong. Nothing will happen if your appeal is dismissed except for that you lose 110 bucks...

asterhamid said:
Thanks
No they did not ask for RFE, the letter said about Lobor certifcation stuff. I will talk to lawyer about this on Monday. Anyway what happens even if your appeal is rejected.
Thanks
 
I dont know what that means and how bad is that. Would this denial have an effect if i file the fresh application in EB-1A class or would it be advisable to file NIW again with the help of a lawyer.
 
Was It A Self Petition

Hi,
For me look like you did not present your cse properly. If you have gone through a lawyer, I feel you made a wrong choice.
How nationally important, or how is your work benefited or benefitting US. You can have look at many previous posting were different people given their credentials.
I feel you can appeal it.
 
Yes it was a self petition, i think i should have gone to a lawyer. The work that i am involved is the number one priority in US and is related to heart diseases, gene therapy and environmental cardiology. I dont know if the denial will have any effect on a new petition if i dont appeal.
 
No, it won't unless you present conflicting evidences. You can search this forum and will find some successful re-sumitt cases (such as the one graduation2003 did).

Are you in a company? If you are, then you need to be very careful. CIS love to deny NIW cases from a company. The reason is that the they think most of the research companies do are for profit.

Why didn't you go for OR?

asterhamid said:
Yes it was a self petition, i think i should have gone to a lawyer. The work that i am involved is the number one priority in US and is related to heart diseases, gene therapy and environmental cardiology. I dont know if the denial will have any effect on a new petition if i dont appeal.
 
pplu said:
No, it won't unless you present conflicting evidences. You can search this forum and will find some successful re-sumitt cases (such as the one graduation2003 did).

Are you in a company? If you are, then you need to be very careful. CIS love to deny NIW cases from a company. The reason is that the they think most of the research companies do are for profit.

Why didn't you go for OR?
thanks pplu, what are conflicting evidences.No i am not in a company, it is a government institution, a university. i think i am going to re-submit my application under Eb-1A, extraordinary Alien, what do you think.
 
analyse that!!

Credentials always do not always assure the NIW. I think you should reevaluate your case. There must have been serious error in presentation of case for NIW. Experienece wise you are perfect as far as number of years are conceren.....ask yourself following
1. Were this experience worth to call urself expert for carrying out NI of NIW?
2. 10 published papers..were they all in international journals...if yes how many were from US....were they highlighted impact wise? did you get any letter from editor...potential reviewers stating the impact of journal...circulation wise!!!impact factor wise!!!
3. Was citation sufficient enough for 10 papers? did you got any letters from people who cited your work proving that ur work was beneficial for their work any way??
4. Were these memberships important acheivement!! or were they just paid memberships? did you explained to them about criteria of selection for membership? did you had any letter from membership authority stating that!!!
5. Were these awards really had international criteria...i mean were you competeing international competeters..if yes did you conveyed that thru letters or anyother proof....awards from hoem country are just showcase of your application officers generally don't trust them....you need to have solid proofs to convey there uniqueness...read some AAO decisions....if travel award is special ...did you prove that by any means....
6.Were your letters proved that you got these millions grants based of your preliminary results...........did you submitted letters from editors about review inviatations...was this review related to NIW work you proposed? this is important as review otherwise is good for OR application!!!

7.How many letters you had submitted ? were they all out of your peers?

Also ...I assume that your application detailed National interest and Intrinsic merit quite well...since you have H1B due for renewal meaning you have three years of H1B .....then you should also detail teh urgency of you going without labor certifications.....by ....1. stressing on importance of ur work
2.Urgency of your work. 3. Impact of losing you 4. Why u can't work on H1B for long as it might have industrial implications and industrial H1B has cap.

I am sure the denial will not effect your H1b but my suggestion would be to reapply NIW with deep and serious analysis........
 
Thanks for this detailed overview. The impression that i have got do far is that may be my presentation was not good and i might have to agree with that.
eb1doc said:
Credentials always do not always assure the NIW. I think you should reevaluate your case. There must have been serious error in presentation of case for NIW. Experienece wise you are perfect as far as number of years are conceren.....ask yourself following
1. Were this experience worth to call urself expert for carrying out NI of NIW?

I believe so, since i have been able to integrate the fileds of molecular biology, cell biology, proteomics and physiology together with a solid background of chemistry.

2. 10 published papers..were they all in international journals...if yes how many were from US....were they highlighted impact wise? did you get any letter from editor...potential reviewers stating the impact of journal...circulation wise!!!impact factor wise!!!

Out of 10 papers 4 are from US and the fifth is under review from here only. I did not get any letters from editors, however there was some communication by e mail but nothing signifcant, The papers published from here are relatively new so no much in terms of citations,
3. Was citation sufficient enough for 10 papers? did you got any letters from people who cited your work proving that ur work was beneficial for their work any way??

NO nothing of that sort, although there were a few letters asking for the clones and other things that we had used in our studies.
4. Were these memberships important acheivement!! or were they just paid memberships? did you explained to them about criteria of selection for membership? did you had any letter from membership authority stating that!!!

THe memberships were paid ones.
5. Were these awards really had international criteria...i mean were you competeing international competeters..if yes did you conveyed that thru letters or anyother proof....awards from hoem country are just showcase of your application officers generally don't trust them....you need to have solid proofs to convey there uniqueness...read some AAO decisions....if travel award is special ...did you prove that by any means....


Well the awards that i have have their letters along with them, yes the travel award that i got was signifucant since they mentioned that my work was among the top 10% that they had received for presentation.
6.Were your letters proved that you got these millions grants based of your preliminary results...........did you submitted letters from editors about review inviatations...was this review related to NIW work you proposed? this is important as review otherwise is good for OR application!!!

Yes the recommendation letters that i has did attest to this fact that i am an important contributir to these grants and since then we have submitted a few more of which again i am a part. Also i have also submitted my own grant to AHA. The important fact that i realized is that the reviwe letters that i have are basically e mail print outs but they are not related to the work that i proposed here.
7.How many letters you had submitted ? were they all out of your peers?

I had submitted 6 letters in total, two of them were from the people i have worked directly with over these years, One was from the division cheif, one was from other investigator whom i colloborate with and there was also two independent letters from people who were aware of my work.
Also ...I assume that your application detailed National interest and Intrinsic merit quite well...since you have H1B due for renewal meaning you have three years of H1B .....then you should also detail teh urgency of you going without labor certifications.....by ....1. stressing on importance of ur work
2.Urgency of your work. 3. Impact of losing you 4. Why u can't work on H1B for long as it might have industrial implications and industrial H1B has cap.

I did not emphasise the work that much i think also there was nothing in regard to urgency, however we are not under the H1 cap thing.
I am sure the denial will not effect your H1b but my suggestion would be to reapply NIW with deep and serious analysis........

I still am not sure whether to appeal this denial, apply for new NIW or apply in EB1A.

Shall talk to a lawyer and see. Any suggestions?

Thanks
 
asterhamid,
I got my NIW denied, then filed appeal through my lawyer, and I-140 got approved.
For details please see my former posts.
 
you made the mistake

Hi asterhamid,
After reading your letters, I feel that you made a mistake. Generally the letters should be on the letter head signed and in original you have to submit.
Second is writing the letters, see the examples given in different forums and also here in immigration portal. Letters are the prime criteria for awarding the NIW along with other credentials. The letters should emphasize your work and its relevance to national importance and benefiting US and the rest of the world. There is no point in saying you are a good worker, very sincere things like that. They should point out the outstanding contributions you made, not that you got some collaborated project, rather your significant role, as you are a key person and if they lose you they will not be able to complete the work etc.
I strongly feel that you are eligible to get NIW and if you submit your application properly you will get it approved in 1-2 months time
Good luck
 
Thanks for the encouragement, Well all the letters that i has put along are on the letter heads and i had put them i original. I guess they did not read them as is always the case. What i have grasped so far from reading here is that may be the presentation was not better and i should resubmit it again with a serious thought and a good lawyer.
Thanks
 
eb1doc said:
Credentials always do not always assure the NIW. I think you should reevaluate your case. There must have been serious error in presentation of case for NIW. Experienece wise you are perfect as far as number of years are conceren.....ask yourself following
1. Were this experience worth to call urself expert for carrying out NI of NIW?
2. 10 published papers..were they all in international journals...if yes how many were from US....were they highlighted impact wise? did you get any letter from editor...potential reviewers stating the impact of journal...circulation wise!!!impact factor wise!!!
3. Was citation sufficient enough for 10 papers? did you got any letters from people who cited your work proving that ur work was beneficial for their work any way??
4. Were these memberships important acheivement!! or were they just paid memberships? did you explained to them about criteria of selection for membership? did you had any letter from membership authority stating that!!!
5. Were these awards really had international criteria...i mean were you competeing international competeters..if yes did you conveyed that thru letters or anyother proof....awards from hoem country are just showcase of your application officers generally don't trust them....you need to have solid proofs to convey there uniqueness...read some AAO decisions....if travel award is special ...did you prove that by any means....
6.Were your letters proved that you got these millions grants based of your preliminary results...........did you submitted letters from editors about review inviatations...was this review related to NIW work you proposed? this is important as review otherwise is good for OR application!!!

7.How many letters you had submitted ? were they all out of your peers?

Also ...I assume that your application detailed National interest and Intrinsic merit quite well...since you have H1B due for renewal meaning you have three years of H1B .....then you should also detail teh urgency of you going without labor certifications.....by ....1. stressing on importance of ur work
2.Urgency of your work. 3. Impact of losing you 4. Why u can't work on H1B for long as it might have industrial implications and industrial H1B has cap.

I am sure the denial will not effect your H1b but my suggestion would be to reapply NIW with deep and serious analysis........

o mama
eb1doc you practically dissected his case!
wonderful contribution!
just couldn't stop myself to say thank you eb1doc!!!
 
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