While answering RFE for NIW....

E

eb2niw140

Registered Users (C)
I received RFE for my NIW. I have posted my case and RFE in a previous thread.
http://www.immigrationportal.com/showthread.php?t=264446
It seems from the RFE that the USCIS officier did not even look at the previous evidence submitted. It was a general RFE.
Should I relist the first set of evidence submitted, followed by the new evidence?
Also, will it be mere stupidity to show some kind of surprise (in the tone of the words) as to why the RFE does not mention what were the specific deficiencies for the first set of evidence, making it very difficult to narrow the RFE response? Will it trigger the officier the wrong way?!!
Any response will be really appreciated.
 
Jer1st,
There were two specific Qs in the RFE...abt my publication in Science...is it leading to cures for the disease, and abt my previous work in India (is that also leading cure to disease). These two could have been garnered from the cover letter. Do you think it is possible that they have the cover letter but lost the other supporting docs? If so, should I resend the copies of the first set of letters as well?
My lawyer has a sentence in the cover letter : "I am concerned that the original docs sent were not reviewed in full or were lost/misplaced". I feel this sentence is kind of harsh and may anger the offcier.
Please advise!
Thanks!
 
I thought I will get NIW approved first and then try EB1EA. My first authored Science has only 23 citations until now (1 year old paper), although my paper has more citations than other papers in the same field around the same time. I am waiting for more citations.
The officier questioned abt Science itself..like circulation, impact etc!! So my EB1 would have definitely failed!! I am waiting for a position of faculty..hopefully will happen next year, so EB1OR at that time?
The main problem in applying in the different categories is that we need so many diferent reco letters. I hate asking experts too many times! So I want to wait, improve my CV (like memberships, papers), so that these can also be added to the letters.
One question I had is: if I do want to apply EB1A using my current qualifications, can I reuse my NIW letters? Although the letters are very strong, the subject states NIW category. Will this affect the letters?
 
eb2niw140 said:
My first authored Science has only 23 citations until now (1 year old paper), although my paper has more citations than other papers in the same field around the same time
Click to expand...

That is big right there.

I think, you may want to reconsider rewriting the cover letter. Still, resend the previous material that you had sent out before. However, the way you should refer to them in the cover letter should be more tuned towards what they are looking for. For example, that the evidence you are providing demonstrates that national interest would be harmed if labor certification is requested. Things of that sort.

It might be okay if your lawyer mentions that there were no references in the RFE letter to the material that we have sent earlier, except references to statment in the cover letter, and that our support material was not mentioned and therefore we are worried they might have been misplaced or lost. Therefore, we are sending a new set of supporting material that includes some of the old material submitted, as well more material addressing the RFE demonstrating that eb2niw140 is .................................

I think a statememnt around that is reasonable.

Did you read the previous cover letter your lawyer submitted before?

In my case, I did not have a look at it, but I am just wondering if you did.
 
I think you are missing a fast train by applying for NIW. I can certainly tell you that you will be approved as EB1 EA. You must be having other research papers too! I feel that you did not choose the lawyer correctly. I am also from India.
 
Thanks Jer1st and abhuda for your encouraging remarks about my publications.

Jer1st, I did have a look at my first cover letter. Honestly, I was quite naive at that time and trusted my lawyer completely. I thought if I have paid $XXXX, why should I do additional homework as well. Moreover, the lawyer has had excellent track record. The cover letter also seemed very good, but certain highlights like published material about my work, were not clearly mentioned. I think my lawyer was overconfident with the Science paper. But this particular USCIS officer didn't even know about the impact of a Science publication!! I think mine was a case of bad luck!!

Abhuda,
I had emailed my CV to many lawyers. Most of them replied saying that NIW was the safest way to go, EB1A is a risk. This was because my Science paper was a result of pre-doctoral thesis work. So it is difficult to prove that I have risen to the top as a student. I thought that made sense. I saw your credentials. They are tooooo good compared to mine! I am still a junior in my field! I do have additional co-authored publications in impact factor 7 and 17. I will wait for NIW approval (hopefully) and then self-apply EB1A. Did you use a lawyer? If you don't mind, can you PM me your lawyer details? Also, for EB1A we need additional stuff like membership, reviewer, etc. I am working on those now.
Thanks to both of you for prompt responses.
 
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