Shocking News of Denial of EB-1A at NSC

Madgu

V sorry to hear about the denial. My EB1-EA was approved on Dec 19, 06 after a RFE on Nov 22, 06. Like you, the RFE required me to show proof of prospective employment. Although, EB1-EA is not employment dependent, wonder why they asked so. I was in the process of changing jobs. Once my O1 approval for the new job came through, my attorney sent along that approval notice along with the employment letter of my new employer and then the petition got approved. Wonder why they are asking RFEs like these!!!
You should definitely appeal, nothing to lose here. On the brighter side, although it doesn't sound like much of a consolation right now, you have (a) an approved NIW which you wil be able to use, oneday and (b) you are still on H1 so you can continue working. For people like me, on O1, if I had filed concurrently and got rejected, I would have gone out of status that instant, because O1 visa holders have to go on EAD after filing 485.
 
Last edited by a moderator:
nerf said:
Sorry to hear the news. I think people here all understand your feeling and symphasize.

Did you get the ACTUAL LETTER? Is the lack of employment letter the only reason for the denial? If it is, appeal would be a viable choice as I think. After all, it costs a couple of hundred of dollars and potentially saves you some time.
Click to expand...

How much time it will take to get the decision after appealing. my attorney says it takes about years. is it true?
 
chatterjee1 said:
Madgu

V sorry to hear about the denial. My EB1-EA was approved on Dec 19, 06 after a RFE on Nov 22, 06. Like you, the RFE required me to show proof of prospective employment. Although, EB1-EA is not employment dependent, wonder why they asked so. I was in the process of changing jobs. Once my O1 approval for the new job came theough, my attorney sent along that approval notice along with the employment letter of my new employer and then the petition got approved. Wonder why the are asking RFEs like these!!!
Click to expand...
Hi chatterjee, I do not think none of our RFE requested a letter of employment, though I have attached one. The RFE was the 10 requirements for EB1 so why one should think of attaching a job letter.
We get more information once madagu-gc get his denial letter.
I feel madgu_gc, you better move away from your computer and the forum for the time being. It is painful to answer all the questions.
 
Employment letter

Madgu
Chatterjee's case came into my mind when I first read you posting. Check with chatterjee about what kind of position his prospective employment is and how he tackled it.
MODEN
 
madgu-gc2005 said:
How much time it will take to get the decision after appealing. my attorney says it takes about years. is it true?
Click to expand...

I have no personal experience. The number sounds similar to what I heard (somewhere also from this forum). But it never hurts.

Why didn't you try EB1-OR before? Is it because of your employer?
 
moden said:
Madgu
Chatterjee's case came into my mind when I first read you posting. Check with chatterjee about what kind of position his prospective employment is and how he tackled it.
MODEN
Click to expand...

In my RFE nowhere it was mentioned that I shoudl send the employment letter. chatterjee was specifically asked for. I know that I satisfied 4 criteria fully.
 
madgu-gc2005 said:
they are about 4 and one journal that I published has got IF of 5. I am not in a biological field. yes my attorney talked about the IF. I am in chemistry field.

do you have any idea about sigmaXi association. what is the criteria one should have.
Click to expand...

Sigma Xi full membership criteria :

two 1st author paper or a thesis .. it's very easy to get so USCIS do not give respect to this association any more .. still .... anyway don't get depressed ... If I am in your position I would go for appealing .. Good luck
 
pana said:
Sigma Xi full membership criteria :

two 1st author paper or a thesis .. it's very easy to get so USCIS do not give respect to this association any more .. still .... anyway don't get depressed ... If I am in your position I would go for appealing .. Good luck
Click to expand...

How much time it might take to get decision after I appeal. any idea?
 
madgu-gc2005 said:
In my RFE nowhere it was mentioned that I shoudl send the employment letter. chatterjee was specifically asked for. I know that I satisfied 4 criteria fully.
Click to expand...


Don't worry madgu-gc2005. Stay away from this affair and calm down. As other people said, don't let it disturb your life too much.

Think about it: I-140 takes only 15 days for premium processing. Even if you file another EB1-EA case, you will get it in one month or so. And you will be happy again.
 
nerf said:
Don't worry madgu-gc2005. Stay away from this affair and calm down. As other people said, don't let it disturb your life too much.

Think about it: I-140 takes only 15 days for premium processing. Even if you file another EB1-EA case, you will get it in one month or so. And you will be happy again.
Click to expand...

your right! we can wait 3 months fill it again PP and find out, with a difrerent USCIS officer and SC.
 
Hi Magdu

I would sincerely suggest you to forget this, maybe take a day or two off and stop even visiting this forum. It will only make you feel bad about certain approvals etc....

Appeals can take upto a year with little success and the lawyers charge heftily. Instead another new filing (maybe e and possibly TSC) is an option.

But again, maybe forget this (I know it sux..with time , effort, money...and some no namer in NSC deciding your scientific ability)... but look at things in a bigger and better perspective.

Take care
 
madgu-gc2005 said:
How much time it might take to get decision after I appeal. any idea?
Click to expand...

Sorry No idea boss ! Please stay away from this forum for the time being as every one suggesting you.
 
madgu-gc2005 said:
they are about 4 and one journal that I published has got IF of 5. I am not in a biological field. yes my attorney talked about the IF. I am in chemistry field.

do you have any idea about sigmaXi association. what is the criteria one should have.
Click to expand...

Madgu,

Did you have SigmaXi membership? If not it's not going to help you now. But for a future application, you can apply for memebrship first. Then you can ask for full membership. That case their committee will look at your CV and grant you a full membership. I believe you can use that then as one of the criteria.

Best.
 
hi tiptodo,
what is your status of RFE, my attorney said he submitted my RFE-but I have no other information.
 
chatterjee1 said:
Madgu

V sorry to hear about the denial. My EB1-EA was approved on Dec 19, 06 after a RFE on Nov 22, 06. Like you, the RFE required me to show proof of prospective employment. Although, EB1-EA is not employment dependent, wonder why they asked so. I was in the process of changing jobs. Once my O1 approval for the new job came through, my attorney sent along that approval notice along with the employment letter of my new employer and then the petition got approved. Wonder why they are asking RFEs like these!!!
You should definitely appeal, nothing to lose here. On the brighter side, although it doesn't sound like much of a consolation right now, you have (a) an approved NIW which you wil be able to use, oneday and (b) you are still on H1 so you can continue working. For people like me, on O1, if I had filed concurrently and got rejected, I would have gone out of status that instant, because O1 visa holders have to go on EAD after filing 485.
Click to expand...

Hi,

Was your case at NSC? Or TSC? That makes a hell lot of difference unfortunately. Thanks.
 
good_y said:
hi tiptodo,
what is your status of RFE, my attorney said he submitted my RFE-but I have no other information.
Click to expand...

me and my lawyer worked very hard of the RFE response, is done, sending it today or tomorrow... and then the clock starts ticking...


Like i told madg, even if you havent seen a LUD In ur case, it dosent mean anything, sometimes they get the RFE and they dont update until they have the approval or denial... I am sure your going to get your approval email very soon.

:D best of luck
 
Sorry to hear !

Hey Madgu,

Sorry to hear that. Any way just curious why are you working as Research Assistant when you have PhD. Was it mentioned in any of your letters? or application? that may be one of the reasons they were asking the letter. Is it not possible for you to get a position of Research Associate (not post doc RA). See if you can get a letter from your boss that should be good. Just a thought. But any way NIW is still there. To be honest even I am scared now as I have also spent money and being through stress. My attorney is planning to send reply to RFE hopefully by the end of this month. I have missed a very good offer due to GC but all we can do it just wait and do our best. Best of luck.



madgu-gc2005 said:
Yes I read the cover letter and it was written clearly.
19 citations (journals mostly published in American chemical society)
I am working as a research assistant in university (now on H-1B) after 3 years of post doc (even though I am an employee of the university they do not sponsor for our GC - WEIRD) but some universities they do.
I claimed 4 criteria

any suggestions?
Click to expand...
 
what my lawyer told

My lawyer told me something similar to this: Recent RFEs from NSC are intentional (no matter how great you are). This issue was taken to higher authorities. Lawyer didnt eloborate it further.

Regarding RFE, persuading Covering letter is very important. USCIS guys first read the covering letter rather than looking your documents.

Though EA doesnt need employment, you better present it. they want to know how you will continue your research or profession.

I dont know why madgu is a research assistant after Ph.D. Can you change this title and reapply (instead of wasting time in appeal)in same category or OR. Research assistant usually relates to non-Ph.Ds.

Madgu is better than many people. He has a approved NIW and back-up H1.


BEST OF LUCK

Sagn
 
sagn said:
My lawyer told me something similar to this: Recent RFEs from NSC are intentional (no matter how great you are). This issue was taken to higher authorities. Lawyer didnt eloborate it further.

Regarding RFE, persuading Covering letter is very important. USCIS guys first read the covering letter rather than looking your documents.

Though EA doesnt need employment, you better present it. they want to know how you will continue your research or profession.

I dont know why madgu is a research assistant after Ph.D. Can you change this title and reapply (instead of wasting time in appeal)in same category or OR. Research assistant usually relates to non-Ph.Ds.

Madgu is better than many people. He has a approved NIW and back-up H1.


BEST OF LUCK

Sagn
Click to expand...

Your right, my attorney said the same thing about RFE from NSC, Everyone is getting them and is an Isusse, she said is a problem of not enough staff in NSC. Is crazy! they need to do something about it
 
sagn said:
My lawyer told me something similar to this: Recent RFEs from NSC are intentional (no matter how great you are). This issue was taken to higher authorities. Lawyer didnt eloborate it further.

Regarding RFE, persuading Covering letter is very important. USCIS guys first read the covering letter rather than looking your documents.

Though EA doesnt need employment, you better present it. they want to know how you will continue your research or profession.

I dont know why madgu is a research assistant after Ph.D. Can you change this title and reapply (instead of wasting time in appeal)in same category or OR. Research assistant usually relates to non-Ph.Ds.

Madgu is better than many people. He has a approved NIW and back-up H1.


BEST OF LUCK

Sagn
Click to expand...

Hi Sagn,

Yes I am a Ph.d holder and finished 3 years as a post doc in the university and my boss gave me the title "Research Assistant" (title given not to graduate student in our univesity and only to employees this title will be given) when university went on doing my H-1b so basically I am an employee of the university but my salary comes from the grant money. Ironically
as per university policy they do not sponsor my EB-1 under OR category unlike few other universities I know of. So the policy differs from university to university.

I know the officer who is adjudicating my petition has not gone through the file properly and it was not properly evaluated. I was shattered yesterday when i got the news. But I consoled myself this is not the end of our life. I am thinking to refile/appeal or both. what do you suggest? do you know anybody who has appealed and got the approval. if so how many months it took? Please post your reply.

Thanks for your concern.
 
You must log in or register to reply here.
Top