NSC EB1a denied after RFE

afu1428

Registered Users (C)
Received deny letter from NSC. Got a 8-page decision letter.
Lesson:
1. do not use p-word anywhere in your document,
2. do not mention your supervisor if unnecessary
3. do not use too big shot as your recommendator. Make sure their credential would not eclipse yours. One complaint is that my recommendor published much more papers that I did.

The annoying thing is that they used materials that I have never submitted. In the decision letter, they mention reference letters from someone I do not know. Can I repeal based on this?
 
My Chinese friend had similar reason to appeal. He was upset as INS rejected based on reasons not explained in his letter. His petition appeal is still pending but he did hired lawyer for same. Well must say,

1. he was equally good candidate like you [ I read your qua: 20 publication, (<15 citations, most of them published in recent years)One award (received on an international conference, first author) + a few small fellowships; 7 times reivewe for three journals (4 more reivews after initial submit, do they count?); 8 reference letters (only 1 from my MS advisor, other 7 are independent)]

2. He had this particular reason as only 10 % of total reason for rejection. His major concern in appeal was his application is not read properly.....and confused with someone elses.
 
afu1428 said:
Lesson:

3. do not use too big shot as your recommendator. Make sure their credential would not eclipse yours. One complaint is that my recommendor published much more papers that I did.
It's a double-sided sword. If you don't use people of some stature for the letters the adjudicator may claim that that person in position to recommend you. My friend successfully appealed a denied case a few years ago. His whole appeal was built around a letter from a Nobel prize winner.
 
Last edited by a moderator:
Afu, don't give up!
Ask your lawyer to re-open the case.
---------------------------------------------------
I-140 EB1 and NIW & I-485. Concurrent submission (own, wife and daughter)
RD: 05/05
AD: 1-140 EB 6/1/05
FP 7/8/05
I485 LUD: 7/13/05, “results of FP were received”,
LUD: 7/27/05, “on 07/17 we responded to your request for more info on your case” (change of address),
I-140 NIW, RFE on 08/15/05 (diploma translation), LUD 08/23/05, “we received your response for RFE and processing has resumed”
I-140 NIW, AD 9/8/05
I-485 AD, 09/08/05 for own and daughter, wife approved next day
Card ordered 9/8/05, card mailed 9/13/05.
 
How long did you receive the notice after you sent REF?

How long did you receive you denied letter after your REF? Would you givve me some detail about your condition?
 
Dude this is a three year old thread.... anyways, EB1 is for established scientists who ar ein the top 1-2%. As a postdoc that is difficult to justify. Can be done, but difficult.
 
wait, what's wrong with mentioning post-doc?

Nothing wring per say but it is beleive dthat post doc is training and not permanent position which is asked in some categories such as EB1-OR......... some do get away...........
 
Nothing wrong per say but it is beleived that post doc is training and not permanent position which is asked in some categories such as EB1-OR......... some do get away.
 
Top