Niw???

Here is the update

Guess What!!!!
My I140 has been approved yesterday!! :D :D :)

NAME---------------RECEIPT------RFE---------------------APPROVAL

gchope2-----------03/08/2002- 04/04/2003---------09/11/2003

Wayne
1404850----------4/16/2002

njlabor2001------05/13/2002--06/16/2003

Jhunjhun----------06/27/2002

laser---------------07/13/2002---10/21/2003---------02/24/2004

beautiful_mind---07/17/2002--------------------------04/05/2004

hejiang216---------07/17/2002---RFE replied 6/14/04---07/21/04

N43y---------------07/19/2002------------------------04/05/2004

alan99-------------08/01/2002----RFE replied 6/23/04---07/19/04

farcry---------------08/19/2002-----------------------05/15/04

Meiou--------------08/20/2002------------------------08/12/04

NY-NIW------------09/04/2002------------------------07/23/04

haowawa---------09/12/2002

EB2NIW-----------09/22/2002-------------------------07/29/04

arjundc------------09/25/2002------------------------07/01/04

Immune-----------01/02/2003-------------------------09/21/04

gxmfznd----------01/06/2003-------------------------08/10/04

Kanus-------------02/18/2003

sunnymin25------03/10/03

eaglejoeli---------03/07/09

joggler2004-------10/?/03

GRS2003-------8/06/2003
 
I am really happy for you! You have provided a great service by maintaining the NIW thread. Thank you. I don't know that any of us still waiting will have the discipline to do it, but we'll try.

Best of luck with the rest of it!
 
Thanks to you all

I will be there in the 485 waiting line now. See you all there soon!! :)
Kanus you are next in line.
GOOD LUCK!!
 
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NIW Denied

Unfortunately, after 18 months, I found out today that my NIW has been denied without RFE.

I will keep you posted as to the details, but the basic story is this: at the time of my application, my research had not been published, and my grant applications were pending. However, a number of people at other IV league institutions knew what my data was showing, and that it was going to be big. They were prepared to attest to that.

Everything turned out well ... wound up with a landmark JAMA publication, other publications, international and national awards for Research and Innovative Research, two major grants, chapter invitations, became a reviewer for the major journal of my specialty, multiple magazine articles written on my work ... blah blah blah

Now all this came from the work discussed in my application, but I was not even given the opportunity to show that the research was as big as the referees had said it was. The USCIS said their statements were "speculative." Well, they were ... they speculated correctly.

We are still thinking of whether to appeal by providing an overwhelming case as to the strength of the research that was occuring at the time of the application, as evidenced by what happened to it in the following 18 months. The alternative will be to file a whole new application.

I'll let you know how it goes.

What really sucks about this is that I know of people who had approved NIWs with NO research, or efforts far less than mine. What a stupid, arbitrary system. It really depends which immigration officer picks up your file, huh?
 
Sorry to hear Kanus

I totally agree with you that people without major publications get approvals in NIW category. God only knows the criteria for approvals in NIW category.
I have one question, did you applied thru a lawyer or did it on your own. Good luck with your appeal.
 
> We are still thinking of whether to appeal by providing an overwhelming
> case as to the strength of the research that was occuring at the
> time of the application, as evidenced by what happened to it in
> the following 18 months. The alternative will be to file a whole
> new application.

They don't care about anything that happened after you filed.
From what you are hinting, you have a very strong case for a NIW now, especially if you can get other people to discuss the impact of your work on the field as a whole etc.

With the processing time for appeals and new petitions probably in about the same range, you might be better off re-filing the whole thing with your post-filing experience, prices etc (and maybe get your university/hospital to support you for a OR petition at the same time.)

NIW appeals don't seem to have a high chance for success. Unless you have a reason that you need the priority date (to maintain the concurrent I485 based benefits) or you can't afford a final denial for other reason, it might be better to let this one go and start from scratch.

I believe you can have only one NIW pending at the same time. Consider filing EA/OR and simultaneous NIW appeal. (although from what I was told by VSC and what my attorney was told through an AILA liasion meeting, you can only claim the PD on the initial I485 if the initial I140 was finally adjudicated. If it is finally denied, the initial I485 makes 'poof' and disappears into a cloud of white smoke.)
 
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