Should I withdraw my NIW case?

mimihu

Registered Users (C)
I got a very very tough RFE on my NIW I-140 from NSC. Now I am considering withdrawing the case since my another I-140 was approved 6 months ago. Should I withdraw or just not respond to RFE? Thanks.
 
mimihu said:
I got a very very tough RFE on my NIW I-140 from NSC. Now I am considering withdrawing the case since my another I-140 was approved 6 months ago. Should I withdraw or just not respond to RFE? Thanks.

What exactly is a "very tough RFE"? Please share the details with us. Thank you.
 
Details of RFE

The RFE denied all of my qualifications listed in my original petition and the wording is harsh and sounds ridiculous to me.

Here are some sentences in the letter:

....It is recommended that you present published material in professional and/or wordly publications written by others which specifically identify you AND your work as being exceptionally innovative, groundbreaking, and significant.

....provide evidence of significant awards that you have received as a result of individual efforts,i.e. Nobel, Burger, etc....

Identify the requirements that must be met for membership in EACH of the professional organizations....

Submit evidence which clearly demonstrate that you are one of the foremost leading authorities whithin the field and that your personal performance has/will SUBSTANTIALLY influence, ABOVE AND BEYOND THAT OF ANY OTHER RESEARCHER...

Would your absence negatively impact he NATIONAL economy or healthcare?

The record does not persuasively demonstrate that your research will provide benefits that will be national in scope. The record also fails to establish that the national interest would be adversely affected if a LC were required.

....Finally, the record does not demonstrate that your credentials exceed that of all aliens who seek to qualify as second preference, aliens of exceptional ability.------Here, I want to ask him/her why i need to exceed "all aliens"?:)
 
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FYI: my qualifications

1) Ph.D. in Engineering in US (2003), working on NSF projects in university.

2) Publications: 9 international leading journal papers, more than 10 journal papers in national-circulated journal and 5 conference papers;

3) Reviewer for seven international journals

4) Membership of an academy which requires recognized achievements and 80% confirmative vote from the directors of this academy.

5) 7 reference letters and most of them are from independent sources.
 
Thank you, trojanblue!

I was applying for NIW, but obviously the officer who issued the RFE was using the critera for EB1-EA on my case. I think my original petition was well presented. I did attach the letters from editors, the requirements for one of my memberships which really counts(two others don't count so I didn't attach the requirements). I also attached the ranking for most of my journals. I don't have any real awards, and few citations at the time of filing.
But do I need to satisfy all of these criteria to be qualified for NIW? As a matter of fact, I read the AAO cases in this category but never saw any one as strong as mine. Among all I-140 categories NIW may be most random and subjective, depending on luck.
 
Unbelievable! is it now so difficult for NIWers to get through? I think your case is strong. Did you hire a lawyer for your petition? Which center is so mean to you?
 
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