No. of Reference letters?

[shankyyy]

I need to file my EB1-OR petition at NSC by next weekend to ensure extension of H-1 beyond 6th year. However, I have received only two reference letters so far. If I file with only those two letters, what are the chances for the petition to be outrightly denied instead of an RFE?? Anyone were in such situtation/any thoughts helpful.
thanks.

 

[nscagony]

The No Service Center might actually work in your favor here. EB1-OR is backlogged quite a bit, so it will take a while until they will look at your application (> 6 month) at all. You could simply get more letters in the meantime and then file another EB1-OR. Its only $500 so its not too bad, and if the first gets denied it shouldn't affect your 2nd. You might even be able to save an attached I-485 once the first petition is denied by filing a motion to reopen and tell them about the 2nd pending I-140.

You can also just put everything on one card and hope that you get an RFE and then you respond with the additional letters. Just make sure they are all backdated. You can't use evidence that is dated after your receipt date.

 

[shankyyy]

The No Service Center might actually work in your favor here. EB1-OR is backlogged quite a bit, so it will take a while until they will look at your application (> 6 month) at all. You could simply get more letters in the meantime and then file another EB1-OR. Its only $500 so its not too bad, and if the first gets denied it shouldn't affect your 2nd. You might even be able to save an attached I-485 once the first petition is denied by filing a motion to reopen and tell them about the 2nd pending I-140.

- If I file the 2nd I-140, and the first gets denied, it won't help as the 2nd I-140 would be my priority date, right? in which case I cannot get H-1 7th yr extension or am i wrong?
- save an attached I-485?? what do you mean by 'save' - do you mean I can transfer my I-485 from the first I-140 to the second?

You can also just put everything on one card and hope that you get an RFE and then you respond with the additional letters. Just make sure they are all backdated. You can't use evidence that is dated after your receipt date.

- on one card???? do you mean concurrent filing or ???
thanks

 

[nscagony]

Card?? What card?

If you file concurrently, you file both at the same time (I-140 and I-485), and they are linked (the I-485 is filed based on that I-140). If you later file another I-140, you can re-link the I-485 with that one, in case your first gets denied.

 

[nscagony]

Thats very interesting, in particular because EB1B has a much higher standard than EB1-OR.

If I file with only those two letters, what are the chances for the petition to be outrightly denied instead of an RFE??

It depends on the letter-writers's own qualification, as well as your other qualifications for that category. My EB1B got approved with only 2 recommend letters in 06.

 

[shankyyy]

Card?? What card?

If you file concurrently, you file both at the same time (I-140 and I-485), and they are linked (the I-485 is filed based on that I-140). If you later file another I-140, you can re-link the I-485 with that one, in case your first gets denied.

will my priority date be as per the first I-140 (CONC with I-485) even if it gets denied later, and I link my 2nd I-140 to the I-485? As I said before, my priority date will dictate whether I can get H-1 extension beyond 6th year. So, please clarify.

re. the other reply, if I am not wrong, EB1B and EB1-OR are one and the same.

 

[shankyyy]

If I file with only those two letters, what are the chances for the petition to be outrightly denied instead of an RFE??

It depends on the letter-writers's own qualification, as well as your other qualifications for that category. My EB1B got approved with only 2 recommend letters in 06.

well..good to know that there has been an approval...both my letters are from my former supervisors (really well renowned scientists at national lab) but i'm waiting for letters from people with whom i did not work with..