Shocking News of Denial of EB-1A at NSC

M

madgu-gc2005

Registered Users (C)
Hi guys,

Very sad that my attorney got a fax from NSC saying that they are DENYING my EB-1EA pp case.

I do not know what has been written yet.

This morning I saw LUD at 9.04 am and my attorney got FAX at about the same time. will it be possible?

It is real shock for me. what are the other options now?
 
Sorry to hear the news

Hi madgu
Sorry to hear the news of denial.
Take a deep breath and think about the options you have.
I presume you have your H1B status to keep you going.
1. Discuss with your lawyer about appealing the decision after you know what is written in the denial letter.
2. If you are in the academic or industrial research think about filing a EB1-OR.

moden
 
That's really sad news ... anyway as far as I know you have NIW approved .. Right? So keep faith on you ! good luck
 
I am so sorry!, I hope you stil have ur H-1 to stay and fight for it. Maybe you should refile in a couple of months and do it online and make it go to TSC.

I am really sorry madgu-gc2005. I know i must be hard. What did you lawyer say?
 
Sorry

Hi Magdu

Sorry to hear the news. Its painful but not the end of the world in a bigger perspective. Try other options, like efiling later with a stronger case. EB1-OR or EB2-NIW.

Again, dont lose heart.
 
Other options

Dear Madgu,

I am very sorry to hear the news. It is just unfair for you to tell us this story after months of hard work and a long wait. I would suggest you talk with your lawyer to know exactly what he got from NSC. After that, you should have couple of options on what to do next. I can imagine you could file EB1-OR. Keep us posted and stay positive!
 
Last edited by a moderator:
Donot worry. EB1-EA is tough at NSC. Donot loose heart. File EB2-NIW and you will be fine.
 
sorry to hear that

Madgu,

Sorry to hear that.

I feel you can try again though. Thats what i plan to do if my application is denied.

good luck!
 
keep it up , you still have you NIW approved , and thats great. At least you have more options, is NOT the end of the road for you!! :D
 
Madgu, very sorry to hear about the denial.

I've been reading this forum for the last few months. While I completely understand why people (including myself) may want to get the green card at some point, I observed that some of us take it a little too seriously. You definitely try your best and put the application together but if it doesn't get approved for any reason, it doesn't mean the end of the world. In fact, life is too short and uncertain to worry about geographic location beyond a point - just my opinion for whatever its worth.

EB1_Slamdunk
 
Hi All,

Thank you very much for your concern and I have not yet come out from this shock.

Basically for EA the employment letter is NOT required BUT in the denial letter NSC is talking about me not submitting the letter which is contractory from the guidelines ( I understand for OR category)

what is the evidence of record I should show that the number of articles published is significantly higher than the average PhD level researcher (I have 11 publications- 7 first author, 10 conference papers, 5 post doc experience)

I sent 4 independent letters (who are world renowned professors) who evaluated me from my work. NSC claims that the opinions of others, including experts in the field, cannot form the cornerstone of a successful claim.

What are my options? My attorney says that if we appeal most of the time (90%) it will be denied. I need your feedback. Anybody gone for appealing?
how much it takes to get decision? If I am appealing what are the further evidences I should submit. Any suggestions/feed back is really appreciated.

don't feel like working today. Ofcourse this is not the end of world. I feel bad the time, effort, money that I spent and stress I (we) went through since our filing for the GC.
 
madgu-gc2005 said:
Hi All,

Thank you very much for your concern and I have not yet come out from this shock.

Basically for EA the employment letter is NOT required BUT in the denial letter NSC is talking about me not submitting the letter which is contractory from the guidelines ( I understand for OR category)

what is the evidence of record I should show that the number of articles published is significantly higher than the average PhD level researcher (I have 11 publications- 7 first author, 10 conference papers, 5 post doc experience)

I sent 4 independent letters (who are world renowned professors) who evaluated me from my work. NSC claims that the opinions of others, including experts in the field, cannot form the cornerstone of a successful claim.

What are my options? My attorney says that if we appeal most of the time (90%) it will be denied. I need your feedback. Anybody gone for appealing?
how much it takes to get decision? If I am appealing what are the further evidences I should submit. Any suggestions/feed back is really appreciated.

don't feel like working today. Ofcourse this is not the end of world. I feel bad the time, effort, money that I spent and stress I (we) went through since our filing for the GC.
Click to expand...

I can't belive they are aksing you for the letter. Specially because your EA was a self-petition right? Is crazy NSC is playing tough. Did you lawyer gave you any advice on what to do next?
 
Madgu,

Very sorry to hear this and it hurts after putting so much efforts.

1) Did you read the cover letter your lawyer wrote carefully? How strong was it? Looks like the officers only read the CL.

2) How many citations did you have for your 11 publications? Any of them cited in top journals, like Science or Nature? you can fight for your case.

4) Are they questioning your contribution or acclaim in the field you do your research? Published articles talking about your work would help. did you submit these evidence?

5) how many criteria did you apply to?

6) Are you a postdoc or you have a permanent job that they are asking for a employment letter? I'm bit confused here. You can also fight on that point.

NSC really is a scary place.
 
Last edited by a moderator:
eb1a-query said:
Madgu,

Very sorry to hear this and it hurts after putting so much efforts.

1) Did you read the cover letter your lawyer wrote carefully? How strong was it? Looks like the officers only read the CL.

2) How many citations did you have for your 11 publications? Any of them cited in top journals, like Science or Nature? Then you can fight.

3) Are you a postdoc or you have a permanent job that they are asking for a employment letter? I'm bit confused here. You can also fight on that point.

NSC really is a scary place.
Click to expand...

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?
 
Last edited by a moderator:
There are ACS journals that have very high impact factor. Also the journals you published, are they of high I.F.? If so, did you mention all that?
 
eb1a-query said:
There are ACS journals that have very high impact factor. Also the journals you published, are they of high I.F.? If so, did you mention all that?
Click to expand...

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.
 
Hi, madgu
Sorry to hear about this news, dont get me mad, but this was an alternative possibility, so it did happend, actually most of us do not plan for this, but it is a reality now, so keep you mind off of this for a while and relax for couple of days and dont think about this for a while, play with your kids if you have or your neighbours kids. In my understanding, the reason for feeling low, is basically because of the hype created by USCIS it self, by stating that EB1 EA is priority number one, most of them feel it like a personal failure, infact it is tremed as a measure of your performance in some forums, infact IT IS NOT. It was collective packaging of an application along with your lawyer, which was not desirable to that specific USCIS officer, and that is the problem, it has nothing to do with your abilities or your performance, so dont think on those lines.
On the flip side, you atleast know where you are, that is much better than standing in line for years to come for name check?:confused:
All the best for the alternative to this news, and just relax.
 
I am disappointed

Hi madagu_gc,
I know it is not fair to say sorry to hear the bad news, but it is terrible to see that the denial, they could have asked for another RFE, if the materials were not sufficient.
I think you have the option ot appeal, if you have satisfied the 4 criterias.
I think you had good publication record, citations, and reviewer of journals and membership. what more they want? a nobel prize (if so who wants a GC).
So if NSC is going to be so harsh, how many of us are going to get? where do we stand?
I know it is only a consolation that you have EB2 approved and hope the congress pass a legistlation soon on immigration.
Think of the other options and I feel that our members will shed their experiences.
 
rama_9193 said:
Hi, madgu
Sorry to hear about this news, dont get me mad, but this was an alternative possibility, so it did happend, actually most of us do not plan for this, but it is a reality now, so keep you mind off of this for a while and relax for couple of days and dont think about this for a while, play with your kids if you have or your neighbours kids. In my understanding, the reason for feeling low, is basically because of the hype created by USCIS it self, by stating that EB1 EA is priority number one, most of them feel it like a personal failure, infact it is tremed as a measure of your performance in some forums, infact IT IS NOT. It was collective packaging of an application along with your lawyer, which was not desirable to that specific USCIS officer, and that is the problem, it has nothing to do with your abilities or your performance, so dont think on those lines.
On the flip side, you atleast know where you are, that is much better than standing in line for years to come for name check?:confused:
All the best for the alternative to this news, and just relax.
Click to expand...

I agree with rama dont let it affect you in a personal level. You have a job and other posbilites, which is good, some people dont even have a back up job or a back up visa. Let this get out of your system and re focus your mind next week on what to do next.

Does you lawyer wants to refile in the next 6 months or so?
 
madgu-gc2005 said:
Hi All,

Thank you very much for your concern and I have not yet come out from this shock.

Basically for EA the employment letter is NOT required BUT in the denial letter NSC is talking about me not submitting the letter which is contractory from the guidelines ( I understand for OR category)

what is the evidence of record I should show that the number of articles published is significantly higher than the average PhD level researcher (I have 11 publications- 7 first author, 10 conference papers, 5 post doc experience)

I sent 4 independent letters (who are world renowned professors) who evaluated me from my work. NSC claims that the opinions of others, including experts in the field, cannot form the cornerstone of a successful claim.

What are my options? My attorney says that if we appeal most of the time (90%) it will be denied. I need your feedback. Anybody gone for appealing?
how much it takes to get decision? If I am appealing what are the further evidences I should submit. Any suggestions/feed back is really appreciated.

don't feel like working today. Ofcourse this is not the end of world. I feel bad the time, effort, money that I spent and stress I (we) went through since our filing for the GC.
Click to expand...

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.
 
You must log in or register to reply here.
Top