reapply EB1 after refusal?

Someone in my department applied for EB1-EA and EB2-NIW. The EB1-EA was denied, the EB2-NIW was approved a couple days later. Doesn't seem to be a big issue. His I-485 is pending now.

LUD said:
Has any one reapplied for EB1 after refusal? Any success?
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i know some people applied to other service center after denial from one service center, and got approval in EB1-EA. you can find many examples in this forum posted earlier. you can try with other center and make your case stronger. i do not know if it is possible to apply to other center after july2007.do check with an attorney to confirm.

LUD said:
Has any one reapplied for EB1 after refusal? Any success?
Click to expand...
 
No, you always have to apply to the center that has jurisdiction over you. But it doesn't really matter. Even in the same center you end up with a different IO. Just try it. The I-140 is dirt cheap if you want to do it yourself.
 
Apply at diff centers

I applied twice.

1. First at NSC which was denied
2. Next at TSC which was denied too but I appealed , still pending in AAO office

Bottom line is the next time you apply, you should mention your previous 140 filings.



nscagony said:
No, you always have to apply to the center that has jurisdiction over you. But it doesn't really matter. Even in the same center you end up with a different IO. Just try it. The I-140 is dirt cheap if you want to do it yourself.
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Any one reapplied for EB1 after refusal? Any one got approved the second time?
 
There should theoretically be no relation between different applications: Each time you apply, the application will be judged on its own merit. Obviously the second time you apply, you will want to have improved your credentials over the first time. Does the adjudicating officer look up your old application to compare? Probably, nobody knows for sure, but you must operate under the assumption that he or she will, and thus have a stronger case, or at least a stonger petition letter. One more thing: Comparing yourself to others in matters related to USCIS petitions is for the most part useless.
 
LUD said:
Any one reapplied for EB1 after refusal? Any one got approved the second time?
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I know one person on this forum Madgu whose EB1EA was denied by NSC but he reapplied and sent it to TSC and it was approved w/o RFE
 
Yes, there were several people in this forum who had that. It happened when they started doing PP first time in around november 06. NSC was issuing RFE left and right to buy more time most probably, and then was denying those cases without any proper reasoning. My spouse's case was one of them (although my non-PP case, which was not prepared as well as my spouse's was approved in 8 months without any RFE from NSC). We resubmitted again to TSC (PP) and got approved in a few days. Also if I remember correctly madgu_gc and dgragan and few other people also had similar experience.
 
I think you can add more of your publication or citations, update the application and give a shot. There many people got approved second time, it is just luck landing on a reasonable IO.
If you did it yourself, read more on this forum (one of the best resources for self filing) and spent some time before making the application.
Good luck
 
Thank you for your replies. This is very encouraging. Anyone with personal experience?
 
Hi LUD,

Nothing is impossible and from my experience I can say in one service center a case is denied does not mean that the same will be denied by the other center also. all depends on who is evaluating your case. Better to have a good lawyer and file your petition.

Good luck
 
non immigrant visa refused two times

First up all i will introduce my self,I am Indian and working in Kuwait since 11 years ,M.H Alsahya is my present employer since 4 months,company need to send me in STATES
for three month training.

i have applied for temporary business visa which includes . conferences, meeting .training and attend two times for non immigrant visa at Kuwait USA embassy consulate
all my documents are correct and and company is fully responsible for my travel

first time they refused by giving green paper and interviewer told me that i did not complete 4 month in present company,
i applied again with evidence that did complete 4 months, and in second interview they ask me reason for first refusal, i told first that the 4 month issue ,but they said they dint say that is the reason and I am lying to embassy,i tried to convince them ,but they even not ready to listen,They return my passport and told me interview over.this time they dint give any paper to me ,
may be that madam just refused first time by simply saying that your not complete 4 months ,which i took as serious,and later they blame on that

My Question
what i have to do get get temporary business visa in above case?
is it possible to apply in other location , India instead of Kuwait ? (staying in Kuwait since 11 years, Kuwait have only one location)
is it possible to apply third time for same visa?

please advise me above mention issue

thanks
 
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