NIW RFE need help!

N

NIWGC2005

Registered Users (C)
Hi need help from you all about this BAD RFE!!!!


The evidence of record indicates you conduct research with Dr XXX who is the principal investigator in many of your projects. While you have co authored 16 research rticles and are the lead author in 15 publications, such publications are one of the normal means by which scientists document their research. Therefore this evidence in itself is insufficient to demonstrate that your level of expertise is significantly above that ordinarily encountered in the sciences. If applicable , the service prefers to see published material in professional or wordly journals written by other which specifically identifies the alien petitioner and his work as being innovative and significant. Specifically , inorder to be eligible for this classification eveidence must be submitted to demonstrate specific prior achievements.

Provide additional evidence from individual outside your prior and immediate cirle of colleagues which validates your individual contributions as being original and exceptional.

Finally you have not demonstrated that pursuit of labor certification on your behalf would adversely impact the Nationa interest. You recently obtained a change of status to that of an H1B. Given the six year limitation of stay available to H1B workers it does not appear that nation will be deprived of your services in the near future.


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NIW ND: 18 March 2005
NSC.
16 Papers, 15 Letters, RA at top University, medical research, reviewer for 10 journals, 30 published abstract, 5 Top awards.
 
Do not worry, it's not that bad in my view. It looks to me that you need to demonstrate that your publications have yielded some independent citations.
I would find all publications that cited you and submit copies of title page/body page with a citation/reference page for each independent citation. In your cover letter, try to highlight those citations that particularly favor you (e.g., "It was discovered by NIWGC2005 that...", "NIWGC2005 has demonstrated that...", etc.).

That's how the service would "see published material in professional or wordly journals written by other which specifically identifies the alien petitioner and his work as being innovative and significant. "

I would also try to collect few more recommendation letters from independent scientists (not directly connected to you/ your supervisor) that discuss your PRIOR work in details to support the statement that you achieved extraordinary and significant results.

The best of luck!
 
Thanks for kind suggestions!
I am wondering How to defend

"Finally you have not demonstrated that pursuit of labor certification on your behalf would adversely impact the Nationa interest. You recently obtained a change of status to that of an H1B. Given the six year limitation of stay available to H1B workers it does not appear that nation will be deprived of your services in the near future."
 
If I am asked this question (thank God I was not), I would try to convince the Service that I am missing A LOT of funding opportunities for myself just because I am not a permanent resident. Some foundations require that applicants for research grants be the U.S. citizens or PR. And indeed, I could not apply for one such an attractive training grant myself being on H-1B.
 
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NIWGC2005 said:
Thanks for kind suggestions!
I am wondering How to defend

"Finally you have not demonstrated that pursuit of labor certification on your behalf would adversely impact the Nationa interest. You recently obtained a change of status to that of an H1B. Given the six year limitation of stay available to H1B workers it does not appear that nation will be deprived of your services in the near future."
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There are several hints for you to choose from (up to you):

1- H1B status limits you to explore other employment opportunities which will deprive interested employers from your service.

2- Your work requires special attention and labor certification will distract you

The most important thing is to get letters from independent sources to confirm your important role in past projects and that you are an expert/leader in your field of expertise. good Luck
 
NIWGC2005 said:
Hi need help from you all about this BAD RFE!!!!


The evidence of record indicates you conduct research with Dr XXX who is the principal investigator in many of your projects. While you have co authored 16 research rticles and are the lead author in 15 publications, such publications are one of the normal means by which scientists document their research. Therefore this evidence in itself is insufficient to demonstrate that your level of expertise is significantly above that ordinarily encountered in the sciences. If applicable , the service prefers to see published material in professional or wordly journals written by other which specifically identifies the alien petitioner and his work as being innovative and significant. Specifically , inorder to be eligible for this classification eveidence must be submitted to demonstrate specific prior achievements.

Provide additional evidence from individual outside your prior and immediate cirle of colleagues which validates your individual contributions as being original and exceptional.

Finally you have not demonstrated that pursuit of labor certification on your behalf would adversely impact the Nationa interest. You recently obtained a change of status to that of an H1B. Given the six year limitation of stay available to H1B workers it does not appear that nation will be deprived of your services in the near future.


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NIW ND: 18 March 2005
NSC.
16 Papers, 15 Letters, RA at top University, medical research, reviewer for 10 journals, 30 published abstract, 5 Top awards.
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Get all the citation from all your papers. Divide them between those who just cite your work and those who discuss your work/results in more detail. Get several very strong letters from completely independent (asolutely no connection to you or one of your former bosses) top scientists in your field where say write that you are on the the top scientists in your field and that you have made major contribution.
For the national interest you have to show (in very simplified terms) that you have some qualifications that are absolutly unique that an American scientist in your field with an normal education won't have and that it is therefore of national interest that you don't have to go through LC because than you might decide to look for a job outside of the US. And again get excellent reference letters stating that from top scientists in your field.
 
Thanks all.

Kevin! the awards are

two "Young investigator" award by Gordon society selected amg 1500 apllicants all over world.

three Special award from medical are in which I am working selected amg 1800-3000 applicants in US

even i was hoping it to be alright case for me.

I had submitted 15 letters 14 were independent and were topmost from my field.

Well, No harm so far. Fortunately I have good citation about my work. I need to collecet all papers.
 
NIWGC2005 said:
Thanks all.

Kevin! the awards are

two "Young investigator" award by Gordon society selected amg 1500 apllicants all over world.

three Special award from medical are in which I am working selected amg 1800-3000 applicants in US

even i was hoping it to be alright case for me.

I had submitted 15 letters 14 were independent and were topmost from my field.

Well, No harm so far. Fortunately I have good citation about my work. I need to collecet all papers.
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Did you have lawyer for that case ? With that background there shouldn't be at least a RFE regarding yoru qualification. Looks like the case wasn't presented in a good way. For the queation about national interest you need of course additional evidences than awards and citations.
 
NIWGC2005 said:
yes!
i did hired a lawyer
Unfortunately, He is best in my city!
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You don't need a lawyer in your city. Just look for the best lawyer in the US for your case. I don't know which evidences you gave him for your case (for example which additional letters regarding your awards, because just getting the award is fine but you need additonal letters to support your case) but for me it looks like your lawyer screwed your case pretty much in terms of your qualifications and wasn't aware enough regarding the obvious national interest question.
 
kevin110042 said:
2/1500 and 3/1800 rate award cannot prove you are the best in your field!!!

What kind of evidence are they looking for?

You need to emphasize your awards again and again in your response.
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It is known that the USCIS is looking for independent letters confirming that these awards are indeed very important awards. In additiona they also want detailed letters from the award organizations about the awards, selection commitee, selection criteria etc (own experience).If you just put the awards in your petition, that won't help you much. Yo always need additonal independent confirmation about the awards (and all other claims you make in your petition). But every reasonable lawyer should tell you that and make sure that they have enough of those evidences.
 
Try EB1-EA or OR

Dear NIWGC2005,

I am sorry to hear that you got RFEs. While you are working on your RFEs for your NIW case, I would like to suggest that you should consider filing other petitions like EB-1 EA or OR. This is because you can file more than one petition at the same time and your background/qualifications should fit the EB-1 petition. Good luck!
 
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Jeez, 16 papers and 15 first authors, thats top notch man. Can you tell us how many citations you have and which journals these papers are in (impact factors). Most institutes/univs have subscription to ISI (no not the one in Pakistan) where you can generate citation reports. Prepare a report for each of your papers such that: paper 1 from XXX et al No of citations so many cited by cited in etc.

Secondly find out information about your journals, try to prove that these journals are above average (or above society level). one nature or science paper goes much farther than three in Journal of Horticulture society or Journal of American Medical Assoc, bcos scientist publish bread and butter work in journals published by the society that they are members of, while publishing in top journals is uncommon.

In my limited opinion, however, nothing is more important than numerous, well articulated, strong letters (from both people in and outside your circle). The more the better, and please dont be shy to ask, after all just asking for letters cant hurt.

Good Luck.
 
honkman said:
You don't need a lawyer in your city. Just look for the best lawyer in the US for your case. I don't know which evidences you gave him for your case (for example which additional letters regarding your awards, because just getting the award is fine but you need additonal letters to support your case) but for me it looks like your lawyer screwed your case pretty much in terms of your qualifications and wasn't aware enough regarding the obvious national interest question.
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Yes Honkman,
Looks like he gave my case to some intern!
I gave him whatever he asked for and whatever I also gave him whatever i had from NIW point of view. My research is fully medical oriented related with millions suffering with disease in US. The two sentences which i didn't quote from RFE are

The service will concede that your research providing solutions for particular disease is within an area of substantial intrinsic merit. The service will also concede that your continued research may provide contributions that would be national in scope. However, the issue at hand is whether you have establish that waiver of the job offer requirement and thus labor certification is in teh national intrest.
 
jywantsgc said:
Dear NIWGC2005,

I am sorry to hear that you got RFEs. While you are working on your RFEs for your NIW case, I would like to suggest that you should consider filing other petitions like EB-1 EA or OR. This is because you can file more than one petition at the same time and your background/qualifications should fit the EB-1 petition. Good luck!
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Thanks for the concern, I agree with you!
infact the concluding sentence of my RFE also suggest me the same "You could persue your case as an "outstanding researcher".Well, Its big job! I have to do now!
 
Sorry abt RFE...I think you are fine.
While responding to RFE stress upon the importance of your role in the ongoing projects.
As suggested by others get citation report and pick some of the important citations (from experts) and explain how your work was used in their research.
I would also get a strong letter from the advisor in addition to letters from independent researchers. Letter from ur advisor should clearly stress the importance of your role in the ongoing project..like some technique used in the lab that only YOU can handle as you have the required skill..also mention how the research program would be affected if you cannot continue in his lab (this letter should be drafted as a response to rfe questions).
About H1B-6 year, I think you can defend by explaining that the project that you are involved in has long-term goals (that serve health care needs of US)and it is not a short term project. I think including a letter from your research office (research dean?) explaining the importance of research program with special emphasis on your role in it would also help.
Good luck!
 
Toxsci said:
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I would also get a strong letter from the advisor in addition to letters from independent researchers. Letter from ur advisor should clearly stress the importance of your role in the ongoing project..like some technique used in the lab that only YOU can handle as you have the required skill..also mention how the research program would be affected if you cannot continue in his lab (this letter should be drafted as a response to rfe questions).
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For this part it is extremly important to have such letters not from your advisor (because it is obvoius for the USCIS that he will write such a letter because he hired you) but to get them from independent sceintists.
 
honkman said:
For this part it is extremly important to have such letters not from your advisor (because it is obvoius for the USCIS that he will write such a letter because he hired you) but to get them from independent sceintists.
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I would agree with you that the main emphasis should be on letters from independent scientists. But, in my opinion, a well-tailored letter from direct supervisor would only benefit this petition because a boss can be as much specific as he/she wants. In such a letter, I see the following main points (in plain language):

1. Past history of NIWGC2005's outstanding achievements - basically, why boss chose him to work in his/her team (here come awards and stuff).
2. NIWGC2005 is a KEY PERSONNEL in following projects: ...
3. NIWGC2005 possess unique expertise in ...
4. Long-term employment prospectives.

The best of luck to you all guys!
 
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Gpng_dl said:
I would agree with you that the main emphasis should be on letters from independent scientists. But, in my opinion, a well-tailored letter from direct supervisor would only benefit this petition because a boss can be as much specific as he/she wants. In such a letter, I see the following main points (in plain language):

1. Past history of NIWGC2005's outstanding achievements - basically, why boss chose him to work in his/her team (here come awards and stuff).
2. NIWGC2005 is a KEY PERSONNEL in following projects: ...
3. NIWGC2005 possess unique expertise in ...
4. Long-term employment prospectives.

The best of luck to you all guys!
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I agree that you always should include in the original petition letters from your different supervisors but since the USCIS wrote in this particular RFE that they want evidences for his accomplishments from people outside his "prior and immediate circle" I don't think that at this point a letter from his current supervisor will help him a lot. (But of course it never hurts to have additional letters).
 
honkman said:
For this part it is extremly important to have such letters not from your advisor (because it is obvoius for the USCIS that he will write such a letter because he hired you) but to get them from independent sceintists.
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I do not think it is possible to defend without a strong letter from the advisor. While independent scientists can talk about the importance of research, it is the advisor who has to state the importantance of the candidate in his projects along with some support from the research department. As USCIS has mentioned in the RFE that the advisor has several projects, I think they need the advisor's strong recommendation about the critical role of NIWGC2005 in his research activities (information on how difficult it is to replace NIWGC2005 would also help)
 
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