| Author | Topic:
EB1 -EA denied |
pappu2003 Member |
posted
November 01, 2009 08:09 AM 
  I just received an email that my EB1 is going to be denied. This is really bad news as I will be finishing my 6yrs of H1B. I have a pending EB2 NIW. Not much has changed in the last 4 months so I dont know if there is much point in filing a MTR. what are my options? Physician (specialty trained) 3-4 Indian publications 1 local publications 2-3 conference presentations 5 abstracts few non specific awards original research in COPD( unpublished) offers of high paying jobs etc Posts:
170 | Registered: September 28, 2003 |
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scikid Member |
posted
November 03, 2009 08:28 AM
  hi sorry to hear about the denial. Try to find out other options like O1 visa etc.
But I feel that your credentials are poor to reapply for EB1. Posts:
15 | Registered: October 26, 2009 |
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imran185 Member |
posted
November 04, 2009 08:13 PM 
  Hi pappu2003, Sorry to hear that. You have a good chance with NIW though. Can you please post the timeline what date you filed the case, RFE date and the your date of denial. Thanks Posts:
6 | Registered: January 10, 2009 |
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JoeF Member |
posted
November 05, 2009 11:24 AM
  [QUOTE]Originally posted by pappu2003: What bothers me is the subjectivity of the process.[/QUOTE] Well, that's the nature of the beast. That's why it is important to have a lawyer experienced in these kinds of applications. They know, from their experience and interactions with the CIS examiners what the examiners are looking for, and can advise you accordingly. Posts:
28444 | Registered: January 07, 2004 |
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killerbees Member |
posted
November 05, 2009 01:01 PM
  [QUOTE]Originally posted by pappu2003: What bothers me is the subjectivity of the process. According to my lawyer: he argues that the Exceptional ability of a exceptional Physician is not publications and research but the his/her expertise as a Physician and his/her superiority of the other Physicians in their respective fields. That means as a cardiologist I should be able to diagnose and manage case my colleagues cannot. you can argue on its validity but MANY physicians I personally know have got a EB1 EA on this basis. well, lets see what happens.[/QUOTE]
Sorry to hear. It is very subjective and what I've heard from a few lawyers is that EB1 applications are now being scrutinized a lot more closely than they were 6-12 months ago. They've seen an uptick in the number of RFEs/NOID's being issued. Posts:
154 | Registered: December 03, 2007 |
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LUD Member |
posted
November 10, 2009 07:41 AM
  Did you use Jeffries? Posts:
20 | Registered: May 10, 2009 |
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Murthy Law Firm Attorney 8 Attorney |
posted
November 11, 2009 05:56 AM
  You indicate that you have a pending EB-2 case and that you are finishing up your 6 years on H-1B. Depending on your exact circumstances, you may be eligible to extend your H-1B status beyond the 6 year maximum based on the pending petition.
In addition, filing a motion to reopen a denial of an EB-1 petition may not always be advisable. You may want to have your case reviewed and re-evaluated by another experienced attorney to advise you on any options that may be available to you. Posts:
861 | Registered: March 06, 2007 |
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LUD Member |
posted
November 15, 2009 05:38 PM
  Murthy states that since Sept 2009-the EB1 applications have gone up by 400%---Where did you read this? Can you please forward the link? Thank! Posts:
20 | Registered: May 10, 2009 |
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slowgcprocess Member |
posted
November 17, 2009 07:15 PM
  your lawyer(SJ) should have copies of every document including letters. Posts:
9 | Registered: September 30, 2009 |
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slowgcprocess Member |
posted
November 19, 2009 05:59 PM
  Job- yes, PERM filed. NIW- filed later, pending. Posts:
9 | Registered: September 30, 2009 |
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aalhaddeshmukh Member |
posted
November 23, 2009 10:58 AM
  Pappu 2003,
Sorry to hear about your application. Nebraska seems to be a graveyard for EB1A applications. Try to file again. Do you know if you would be qualified for EB1-B?
My EB1A is pending since June. I believe a lot of people on this thread have the same NY lawyer. Posts:
9 | Registered: September 27, 2007 |
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JJB Member |
posted
December 10, 2009 03:06 PM 
  It is not always the number of publications but the reaction of your work, hence the recognition, that CIS officers are looking for. On paper your case doesn't seem strong, but one can be creative and use the "comparable evidence". Posts:
51 | Registered: December 10, 2009 |
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