Submitting additional evidence

S

santipawar

Registered Users (C)
I have filed my I-140 recently and have already submitted the required documents to USCIS. I have obtained few additional documents including some recommendation letters after i have submitted the documents. My question is can i send it to USCIS with the receipt number and ask them to link/add it to my earlier documents. Has anyone done this before? Or do i have to wait for an RFE to submit any additional evidence/documents i may have.
Thanks all in advance.
Santosh
 
same scenario

santi,

Same happened to me. I have these additional testimonial letters ready to respond for RFEs (hope I do not get any). I am sure you have more experience than me in these matters but if you feel comfortable with whatever you sent, then hold on to these.
 
santipawar said:
I have filed my I-140 recently and have already submitted the required documents to USCIS. I have obtained few additional documents including some recommendation letters after i have submitted the documents. My question is can i send it to USCIS with the receipt number and ask them to link/add it to my earlier documents. Has anyone done this before? Or do i have to wait for an RFE to submit any additional evidence/documents i may have.
Thanks all in advance.
Santosh
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Don't send them now. They will trash them. Use them later if they issue RFE .
 
Dates on letters

I read somewhere in this great froum that the letters should be fine as long as they wrere written within 6 months prior to I-140 filing???
 
stranger70 said:
I read somewhere in this great froum that the letters should be fine as long as they wrere written within 6 months prior to I-140 filing???
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Thats good to know But I want to know if somebody get a RFE, is this ok at that time to get letter as I read somewhere that USCIS would not consider any evidence after your i140 filing date.
 
raonj1 said:
Thats good to know But I want to know if somebody get a RFE, is this ok at that time to get letter as I read somewhere that USCIS would not consider any evidence after your i140 filing date.
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It should be fine if you get the additional letters when you get a RFE- U need to understand here, you are not adding any extra evidence here after filing your I-140, say like publications, citations, etc... But getting support letters meant - they write about your contribution you done so far.
 
Is this true that USCIS will only consider evidence that is dated before I-140 filing date? Why should that be? Is there anyone out there who was told by USCIS that their documents were rejected because they were dated after I-140.
 
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Clarification on dates

santi,

As lakksh said in his previous post, the date rule applies to published papers and awards received not letters of recommendation. For instance, if you submitted an I-140 NIW petition on 07/15/2007 and received an RFE, you may not send supporting materials such as abstracts, papers, etc that you received after July 15th. You can however, send letters of recommendations (which supposedly describe you previous accomplishments) regardless of the date they were written.

stranger
 
Thanks stranger70. That explains it all.
:)
Santosh


stranger70 said:
santi,

As lakksh said in his previous post, the date rule applies to published papers and awards received not letters of recommendation. For instance, if you submitted an I-140 NIW petition on 07/15/2007 and received an RFE, you may not send supporting materials such as abstracts, papers, etc that you received after July 15th. You can however, send letters of recommendations (which supposedly describe you previous accomplishments) regardless of the date they were written.

stranger
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May I provide another letter from the same reference who wrote me a letter the first time? Of course, in his letter he will provide additional information.

To clarify, so the added citations don't count (since they were published after I-140 submitted). I don't mean to specifically emphasize the citation number (47, math), while I want to use this to prove the impact of my work, especially my work published one or two years ago started to have citations (in math, this indicates the good impact of the work).
 
can any one post where USCIS instruction says that letters should be accepted only with in 6 months, and No additional dated evidences would be considered after the submission date.
 
skvadivel said:
can any one post where USCIS instruction says that letters should be accepted only with in 6 months, and No additional dated evidences would be considered after the submission date.
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There's no instruction saying that letters should be less than 6 months old. My friend used one year old letters, not even the original, just the copies from his previous petition. his both NIW and EB11 were approved.

But it's true that publications, awards etc after filing I-140 would not be considered as evidence. I think, it is mentioned when they issue an RFE. But this may not be applicable for citations as it is a continual effect of a prior publication.

Please read this in the following link:

http://www.millermayer.com/new/eb1hard.html

Extraordinary Ability in Science: A Minute Early and a Criterion Short

"On appeal, the petitioner submitted evidence of two important recent accomplishments. First, the petitioner had applied for membership in organizations requiring outstanding achievements of their members. Second, the petitioner had recently had his original research published in the highly acclaimed journal Science. Although both of these accomplishments are germane to EB-1-1 classification criteria, the AAO disregarded these achievements because they came after the original submission of the petition. The AAO cited Matter of Katigbak, 14 I. & N. Dec. 45, 49 (INS Reg. Comm’r 1971), which held that petitioners must possess the necessary qualifications as of the filing date of the visa petition."


Hope this helps.
 
Indeed, citations on a paper already published at the time of the initial filing can be given as evidence in an RFE.

It is useful to prove that the work is indeed of significance. A nice sentence like the following is always helpful: " It is true that one could have questionned the quality of the work published blah blah, but a recent count of citations shows that its impact in the field is indeed high (cf Exhibit ***)"

Chris
 
I think there is a difference between RFE and APPEAL. In Appeal, obviosuly you cannot add anything because you are appealing against the decision of the petition. So you cannot show any evidence during the period. But for RFE, if you show new evidences, i think, there is a chance, it would be considered before approval or deny.

What happend if a person gets Nobel price after filling I-140 and she/he get a RFE. He/she has to refile?? [just an imagainary situation]
 
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New evidence is fine, as long as it is not like a new award you got or a new paper you published after you filed.

A new letter, a more recent count on citations, a better way of making your case, is fine.

You can always mention new things you did since the time you applied. It will not hurt, but it could be just ignored by the reader and there is nothing you could complain about. It is even better to mention it yourself, like "What I just did recently actually emphasizes that I am truly at the top of my field, though it comes after my initial filing".

Chris
 
Thanks, ChrisV and eb1a-query, for the clarification: citations on a paper published before the I140 filing shall be counted.

I received the request for a review paper from a journal before the I140 filing. I didn't provide it because I thought I hadn't have the paper yet. I shall provide this as additional evidence when answering the RFE.

Is a review request from a journal after the filing of I140 counted? I don't think so. But I still want to include it for the RFE to argue that I am a regular reviewer of that journal (since the new request is the second time).
 
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