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frustpd's Immigration Cases

authorship - yes
original and significant contribution - maybe (if you get very strong letters stating your work is recently published but of immense originality and outstanding scientific merit, may make up for citations)
reviewership - yes

others - no

if you submit this case in nebraska as eb1a, it is a definite no no.....texas you may get lucky! i would try niw if your work is justifiable as national interest and you can get people to write that in all letters, and also show some pertinent literature showing how immense the significance is to US national interest (even though u got your degrees in australia, you can always show how your work will substantially benefit the US)

eb1's are 27-40, ones i know

first of all, you dont need an attorney to do I-485. It is dead easy. so if you can be a res. asst prof. go for it.

secondly, dont underestimate your accomplishments. it depends how you put them on paper and what evidence you
have to support it. so try the I-140 for eb1a, put down the $450 and give it a shot.

first confirm that they have indeed linked the I-485 to eb1a. it seems they haven't. call multiple times using poj and confirm it/record it. then
do the congressional inquiry by presenting them with evidence that it has been linked and you are outside processing time.

Thank you frustpd. I appreciate your suggestions very much. Can I parallely file MTR (NSC) and say a fresh application to Texas?

No you cant do that in the same category. and you can only pick the service center which is appropriate for your location (see filing location on uscis site for details)

what you can do is file an I-140 (eb2 niw), you cant have two I-140's pending for the same category (eb1a).

yes you can...just wait for all denial notices in the mail....after your appeal time expires (30 days), file the new I-140 (also would
suggest to get a lawyer's help at least a $100-150 consultation if you don't have one)

don't file the I-485 (it will cost $1010 and as you know you lose this money if I-140 is denied)
however, if you wish to save this money and dont care about time, then you can try doing the MTR application for your denied I-140

file only I-140. since eb1a is always current you can later file I-485 when I-140 is approved.

sorry to hear about the denial.....i would suggest to refile I-140 (non concurrent), it will go to some other IO, mtr takes a while to
resolve and it is not worth the wait in eb1a.
eb1b requires a permanent job offer. assessment of applications in this category is subjective, so dont be disheartened. good luck.

your chances are fair for EB1A. M1990 is talking about EB1B (dont confuse the OP) which requires employer sponsorship (not in your case since postdoc is not a permanent position and majority of univ. do not file eb1b for postdocs)

IO's are extremely busy...you need to be to the point, write the specific question asked in rfe first, and then your pointwise response with evidence. that is it. 1-2 lines of your background is ok.
this is just my opinion and it worked for me. good luck.

I-9 is an internal document...not filed with uscis...just to be kept on file by the employer incase they have an inspection by ice or uscis...
3 yrs from date of hire or 1 yr after termination which ever is later

krish,

i recently defended the NOID and was approved. in my case, the evidence i submitted for reviewing was the invitation letters i got which clearly state that "because i am an expert in this field, i am invited to review this paper"
other evidence i submitted includes the reputation of the journals (this was essentially proving international circulation, access, and some statistics from thompson scientific). if you emphasize on the above sentence (which appears in essentially all email invitations one receives for reviewing manuscripts), you should be okay.
dont look at AAO decisions, they are depressing....and remember anyone can reject a case (no one really meets eb1a req.).
also dont include evidence (letters from editors) if it is not particularly strong and does not have the reqd. keywords.
rather, you can ask the people who wrote letters for you to include the fact that you are an expert in the field and 80 invitations (in the past yr or so) to review papers for top journals is unusually high and demonstrative of extraordinary capability.

wish you good luck with your case.

mak,

just use usps expedited mail (next day), you will have a tracking number and you can track online once it is picked up at the PO box as to who signed for it. give it some time after you post since the online status usually gets updated at the end of the day. so dont worry about that. i just put the gold sheet at the top of all documents (not outside the envelope since i never got a separate envelope). all of this goes in the box/envelope you use to post. after you have sent the response, if you dont see an online update (lud on uscis), just call them to make sure it was recd. (use poj).
i will suggest to emphasize upfront your strongest points, i did not ignore what was asked (submitted whatever evidence i had) but i stressed more only on criteria for which i can clearly qualify as extraordinary. i dont think i will qualify based on #1 and #2, but i did submit fellowship award and a membership document. hope this helps.

submit anything additional you have for 3,5,and 6 (pubs, updated citations, letters, reviews) and make it as strong as possible, you dont have to resubmit the stuff you did earlier but just refer to it in the cover letter.
regarding 2 - try to get sigma xi - full membership (ask them to fax u welcome letter if u dont have time to wait for mail), use their website for further info
regarding 4 - i think u r ok for this with 10 invitations (just make sure you were "invited because you are an expert in your field"..is said somewhere in the invites or on similar lines)
regarding 1 - this is tough, i also did not have any awards, fellowships are not considered for this category
just my suggestions, i have not been approved yet after rfe..but i think 4/6 should do it...good luck

in my RFE respone, i made a table listing the citations from each country to show the international recognition of my work. i believe my attorney should have used this (i do not have a copy of what he exactly sent to USCIS).

web of science does this automatically, you can generate country-wise, field-wise, publication-type, etc reports for your citations and quote them to show international and also cross-field influence...they are all displayed as bar charts with %

you cant file concurrent for eb2niw anymore

it is all bs...they do whatever they want...no accountability.....subjective decision making? it is a joke...btw here is a
suggestion on the pre-print manager part - they usually want to know if you have the authority to make decisions
on manuscripts submitted (aka final say after reviews have been recd. or if your particular review holds major
weight wrt manuscript acceptance/denial)...for journal credibility, you can also use ISI web of science "quartile" ratings
for your particular "field" where you claim you are extraO...if your manuscripts are published or manuscripts you reviewed are in journals in the top 1/4th quartile, you can def. add it besides just impact factors.

take infopass and take all medical/other documents showing emergency, you can get it same day

what is the officer number? when did you file the I-140?

Hi Guys,

i have the following questions:

1) does uscis send you a written notification that a decision will be made within 60 days of receipt of rfe?

2) has anyone waited more than 60 days for a decision on their I-140 AFTER rfe submission at TSC, despite a service
request?

Thanks in advance

it all makes sense....uscis is trying finally to solve the Y2K problem, it took 9 yrs since the PPD (problem priority date) was never current until now

Member Profile: frustpd (148 posts)