The saga continues

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pennvet

New Member
Hello,
I am a biomedical researcher who applied for I -140 under NIW and Extraordinary ability back in 2002. The filing was done concurrently with I 485. In December 2004 and in January of 2005 both the I 140's were denied without an RFE. Just when I was getting ready to file again under the OR category. I get a surprise letter from INS saying that they want to reconsider my I 140 EB case. A couple of weeks later they said they are issuing an RFE. The RFE turned out to be a wrong one. My attorney responded to the RFE stating that there was an error on the part of INS. It has been 3 weeks since they received the response. I have been observing the change in LUD in the case. There was some activity on june 7th but without any change in status.
The story becomes more interesting, without me appealing my NIW case and my I 485 case have been forwarded to the appeals unit. Now my I 140 for the extraordinary ability is with the INS while my I 140 under NIW and I 485 is with the appeals unit. Another interesting fact is that the application was filed by a so-called high profile lawyer. My question is, Am I fighting a loosing battle here?


any input will be appreciated.

thanks
:)
 
Pennvent, Hope this turns out positive for you, are u sure the attorney didnt contact the Service center on his/her own. What kind of credentials do you hold. In an ideal world, there is a big difference between the being eligible for EB1 and NIW categories in the biological sciences field. You have to be good for NIW (better than average papers, recos etc) but for EB1EA or OR you have to be the top of the top. My case was also handled by a nationally visible firm and while I have had good results, I actually ended up putting togethar all the evidence for the case myself, and wondered why the lawyer was being paid for (mind you it was the employers money and not mine). in my opinion I could have self-petitioned; and I beleive the same to be true for most cases out there.
 
pennvet said:
Hello,
I am a biomedical researcher who applied for I -140 under NIW and Extraordinary ability back in 2002. The filing was done concurrently with I 485. In December 2004 and in January of 2005 both the I 140's were denied without an RFE. Just when I was getting ready to file again under the OR category. I get a surprise letter from INS saying that they want to reconsider my I 140 EB case. A couple of weeks later they said they are issuing an RFE. The RFE turned out to be a wrong one. My attorney responded to the RFE stating that there was an error on the part of INS. It has been 3 weeks since they received the response. I have been observing the change in LUD in the case. There was some activity on june 7th but without any change in status.
The story becomes more interesting, without me appealing my NIW case and my I 485 case have been forwarded to the appeals unit. Now my I 140 for the extraordinary ability is with the INS while my I 140 under NIW and I 485 is with the appeals unit. Another interesting fact is that the application was filed by a so-called high profile lawyer. My question is, Am I fighting a loosing battle here?


any input will be appreciated.

thanks
:)
Click to expand...


If it is possible for you I would still try to file for OR, if you don't mind that you or your company spend some money. It is hard to predict if and when you will get a response for the NIW and EA case. It might be possible that you file for OR and one week later you get a positive resonse for the NIW case but it might also take one year before you get any response for the EA or NIW cases. It really depends if you/your company is willing to pay additional money for OR. Good luck
 
Pennvet,
What is the name of service center? Did you see any change of LUD before denial? what is receipt/notice date of your case?
 
Message for Brian or other Gurus

The service center is VSC there was no change in LUD before denial. But after the reply for the RFE was received there has been a change in the LUD.

As far as my qualifications.
I have a clinical degree and then a Ph.D. from a Univ of Illinois. I have 6 papers in decent journals like PNAS, Amercan Jour of Pathology, Endocrinology. I have been cited about 60 times in the 3 years. I am now an research associate at an Ivy league.


Has anyone received an RFE not pertaining to their qualifications? Has anyone got a favorable answer after the rebuttal for the wrong RFE?

How many RFE's can INS issue?

thanks for taking the time to answer my questions
 
Dear Pennvet

Let me summarise what I feel about your case.

1. You appear to be sureshot for NIW provided you can bring the National Interest angle into your letters.

2. EBI-EA is a longshot.

3. EB1-OR is easier to get EB1-EA but requires that you hold a Permanent (faculty, tenureed or tenure-track or equivalent) position whereas that requirement is not there in EB1-EA. If you hold or will hold such a position then go for EB1-OR.

My institution filed EB1-EA in Nov (140 and 485 concurrent) and we decided that if its not adjucated in we will file OR and NIW, which we did in late may (140 only) but lo and behold in June I got 140 approved for EA without RFE with an LUD on the same day as approval. I also believe that that it is very difficult for the lawyer to maasage EB1 or NIW candidates evidence to make it better. It is what it is. If you have a PNAS then you have it. Even if it is non-peer reviewed (there is a peer review track in PNASW now BTW), it has high-impact and it belongs to the National Academy of Sciences of the US of A. I believe the service center folks are swayed by that mor than a paper in a better journal published from Europe. I think you should definitely fight out the decision in NIW category while taking a chance the EB1 category.
 
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