Weird EB1-A Approval - What to do?

T

triv9986

Registered Users (C)
Guys,

Some of you may know that I received 'NOID' notice on my E-filed I-140 EB1A because supporting documents were not found. I modified my coverletter and sent all supporting documents in response to 'NOID' notice.

On the next day, I received 'RFE' notice asking further evidence. However when they received my 'NOID' supporting documents they thought that it was 'RFE' response and my online status changed to 'Request for Evidence Received and Case Processing Resumed'. I sent two emails to TSC to let them know that that it was not RFE reponse and they told me that they will pass this information to adjuactor. I hired a lawyer to respond to their RFE. We were working on more letters of support and not responded to RFE.

Interestingly, I saw LUD on my case yesterday and today I received approval emails from CRIS and my online status has changed to 'Approval notice Sent'.

My lawyer is thinking of sending a copy of approval notice and RFE red sheet and a brief letter that my case has been approved and we don't have to respond to RFE.

Does anybody know of similar situation? I am excited about my approval but worried that if I don't take any action on RFE then after 12 weeks they may send denial.

Any suggestions are grealty appreciated.

Thanks,

Triv
 
triv9986,

Weird thing happens. do you have still time to respond to your RFE? How much time? In the mean time you might get the approval notice (hard copy). You make pdf of that notice and the RFE in pdf version and send the entire stuff to TSC-140 PP through email (explaing everything in your mail). At the same time you also send the same by FAX and express mail. So you will have all the evidences. I do not think TSC will send the denial after 12 weeks. What is the current message saying when you dial 1-800** to know the status? You should be fine.

Good luck.
 
I agree with madgu. BTW how is ur linking coming up, any news or updates. Have you still not filed new 485?
madgu-gc2005 said:
triv9986,

Weird thing happens. do you have still time to respond to your RFE? How much time? In the mean time you might get the approval notice (hard copy). You make pdf of that notice and the RFE in pdf version and send the entire stuff to TSC-140 PP through email (explaing everything in your mail). At the same time you also send the same by FAX and express mail. So you will have all the evidences. I do not think TSC will send the denial after 12 weeks. What is the current message saying when you dial 1-800** to know the status? You should be fine.

Good luck.
Click to expand...
 
Thanks Magdu and Mogambo,

On the phone and online my current status is 'Approval Notice Sent'. I have 2 months left to respond to their RFE. I will wait for the hard copy of the approval and see if it has anything strange on it. Anyways, I think even if they ask me to respond to their 'RFE' notice I have a strong point that it has been approved probably by a different officer.

Any idea on how long does it take to get EAD approval? My plan is to send I-485 documents ASAP before asking for more clarification on I-140.

Thanks,

Triv
 
Triv
Anyways, I think even if they ask me to respond to their 'RFE' notice I have a strong point that it has been approved probably by a different officer.

How do you know? for EAD it might take about 3 months
 
triv9986 said:
Guys,

Some of you may know that I received 'NOID' notice on my E-filed I-140 EB1A because supporting documents were not found. I modified my coverletter and sent all supporting documents in response to 'NOID' notice.

On the next day, I received 'RFE' notice asking further evidence. However when they received my 'NOID' supporting documents they thought that it was 'RFE' response and my online status changed to 'Request for Evidence Received and Case Processing Resumed'. I sent two emails to TSC to let them know that that it was not RFE reponse and they told me that they will pass this information to adjuactor. I hired a lawyer to respond to their RFE. We were working on more letters of support and not responded to RFE.

Interestingly, I saw LUD on my case yesterday and today I received approval emails from CRIS and my online status has changed to 'Approval notice Sent'.

My lawyer is thinking of sending a copy of approval notice and RFE red sheet and a brief letter that my case has been approved and we don't have to respond to RFE.

Does anybody know of similar situation? I am excited about my approval but worried that if I don't take any action on RFE then after 12 weeks they may send denial.

Any suggestions are grealty appreciated.

Thanks,

Triv
Click to expand...


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Same thing is happening to me now. I AM SCARED .......
My attorney e-file petitioned i140 (EB1-OR) and requested premium processing at texas service centre. 3 days later my attorney got response via email that my i140 is approved. then 4 days later, there was change in the status saying that an 'RFE was sent' via mail. AT the same time, my attorney got a fax of the RFE saying that they cannot locate my documents. So, my attorney replied back mentioning all the details of the packet (tracking number, date recieved, etc). Again, TSC got back saying that we do not need anything to be send at this time since they are 'chasing the packet in the mail room'. After that, its the second day today, and there has been no updates yet. i am just scared, any idea guys what will happen next. I am of the opinion that they wont reject the i140 petition again, is it fair to say that?? Any suggestions are welcome.....
 
Mikes,

I think the approval emails that you received are normal for everyone who has e-filed. I got it from TSC Premium Processing almost immediately I upgraded my status to PP . I think you real approval email will come from CRIS and not TSC.

Good Luck.

Triv
 
I am sure it is an approval. But to be on the safe side, do as others have suggested.

Just out of curiosity, would this approval affect your agreement with your lawyer?
 
madgu-gc2005

I got different officer no. in my RFE and NOID. Since I only replied NOID, I guess that officer approved it...just a guess.

Triv
 
Hi triv,

to my understanding once NOID is sent by an officer to you the service center is not supposed to assign your case to somebody else. weird things can happen.

Good luck
 
RFE Attorney

triv9986,

Hi!

I e-filed my EB-1A petition on February 16, 2007 and updated to PP on May 3, 2007. I received a general RFE. It states

You are seeking classification for the beneficiary as an alien of extraordinary ability. Form I-140 lists the beneficiary area of expertise as biomedical researcher.
You have submitted evidence of the alien's original scientific, scholarly, artistic or business-related contributions, but have not demonstrated that they are of major significance in the field. The letters discussing the beneficiary's contributions refer to their potential but do not contain sufficient information about factual influence or effects already made to the field.


To establish eligibility as an alien of extraordinary ability, provide evidence that you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise. Such evidence shall include the achievement of one time (that is major internationally recognized award) or at least three of the following:

They have then listed all the EB-1 criteria. Under the award criteria they require me to “Submit your awards, prizes and certificates have national or international recognition. The awards presented appear to be scholarships, fellowships and competitive postdoctoral appointments are generally not the type of “nationally or internationally prizes or awards for excellence”. Please submit evidence that meet the requisite standard of national or international recognition for excellence.


Under the “documentation of your memberships in association in the field for which classification is sought” they ask what accomplishments were specifically targeted to qualify the alien for this membership, if any? Was the alien invited to join the group?

They end the RFE by stating that “mere submission of three or more of the above items may not establish your eligibility for this classification.


I am postdoctoral associate and have 20 publications, 10 first author publications. I have 30 citations from ISI summary. I have reviewed 10 journal articles and some more for my advisor. Regular membership in three professional associations.

I hope that gurus can give me some advice. I have read all the prior postings. I am exploring the option of hiring an attorney to respond to this RFE. Any suggestions on good and reasonably priced attorneys. What would be the average fee likely for this? Any advice would be appreciated.
 
hi xyzeb1

My case is really weired. First they(USCIS) lost my supp. documents and send me NOID, stating 'document hasnt reached office todate'. I modified my cover letter a bit and send back all same documents . And the next day I received RFE. I was still working on RFE and I got email of Approval. So my assumption is that the mails have crossed and they may have viewed my response of NOID as a response to the RFE.But the thing that puzzles me is - the RFE specifically requires more information on my “code” etc…and yet they have approved it without any adequate additional information from me addressing it.( I never responded RFE). I am still skeptical about the approval.

My RFE was pretty much same as yours. So I hired a lawyer for it. Though, when I got the approval email, he himself suggested reimbursement.

I am still waiting for a hardcopy of my approval and then my lawyer and I will decide about plan of action.

see your PM for attorney info. and his fees.

Good luck,
triv
 
Last edited by a moderator:
Congrats Triv,

I think you can take it as a real approval. Wish you good luck with your next steps.

Did you get your RFE with "red sheet" or "gold sheet"? Does it matter? Gurus, pls reply.

Thank you.
EB1today

Not a legal advice.
 
Hi EB1today,

Yes, I am waiting for the hard copy of the approval and then contact them to find out if I need to do anything with the RFE notice.

I received redsheet for RFE but in the notice it says submit more evidence with the 'gold sheet'. So I don't think the color really matters.

Triv
 
Hi,

I received the hard copy of the approval notice yesterday. Everything looks normal. Also called TSC and confirmed that indeed it is a real approval. Thank you all for your great help. Also my lawyer is returning 50% of the initial amount I send him. So far everything looks great.

I have few minor questions about I-485/I-131/I-765: I need to send this before July 30 to avoid hike in fees.

1. Is it OK to send them to TSC or should I send it to NSC?

2. Since this is EB1-A self-petitioned, is it OK if I don't send employment verification letter? I can get it but it may take a while.

3. Also I don't plan to submit I-134 affidavit of support for my wife. Since my wife is in US and I am sending pay slips I think it should be OK.

Does anybody have harsh experiences for not submitting employment verification letter and I-134?

Thanks a lot

Triv
 
Hi, triv9986,

Congratulations! Good luck on your 485.

I got EB-1A RFE from TSC yesterday. I am thinking to hire a lawyer to fix it. Could you please PM me the information about your lawyer and fees for this kind of RFE? I appreciate it!
 
RFE approved

Thanks to Triv9986 for referring me to Ramasamy Krishnan. I am also impressed by his work and reasonable fees. He advised me to obtain two more letters (I could only get that many) and responded to the RFE on June 1st and I got a LUD yesterday and today the online status states “approval notice sent”. My lawyer says that my case has been approved, is it right?
 
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