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 MurthyDotCom » MurthyForum » NIW and Extraordinary Ability » EB1 -EA denied

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AuthorTopic:   EB1 -EA denied
pappu2003
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 01, 2009 08:09 AM Click Here to See the Profile for pappu2003Click Here to Email pappu2003   Reply With QuoteEdit or Delete Message
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original research in COPD( unpublished)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
scikid
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 03, 2009 08:28 AM Click Here to See the Profile for scikid   Reply With QuoteEdit or Delete Message
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
pappu2003
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 04, 2009 04:51 PM Click Here to See the Profile for pappu2003Click Here to Email pappu2003   Reply With QuoteEdit or Delete Message
That is true

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.
Posts: 170 | Registered: September 28, 2003
imran185
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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
JoeF
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 05, 2009 11:24 AM Click Here to See the Profile for JoeF   Reply With QuoteEdit or Delete Message
[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
killerbees
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[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
usvisa2009
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 05, 2009 02:03 PM Click Here to See the Profile for usvisa2009Click Here to Email usvisa2009   Reply With QuoteEdit or Delete Message
Really? It's being scrutinized more??

ohhh..I am afraid to know that..It's my turn now..Let's see what happens to my case..
Posts: 72 | Registered: April 11, 2009
pappu2003
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 05, 2009 04:52 PM Click Here to See the Profile for pappu2003Click Here to Email pappu2003   Reply With QuoteEdit or Delete Message
JoeF...I supposedly had the best!

He's from NY and charges $5000 just as a retainer.
He's the guy medical folks turn to. He said I was a good candidate for EA and a definite for NIW...I'm not so sure now.
I dont know, but my paralegal was a pain in the..
Do you advice I change my lawyer? I could do that. I know Murthy does this too. But I'm not sure now.
Posts: 170 | Registered: September 28, 2003
LUD
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Did you use Jeffries?
Posts: 20 | Registered: May 10, 2009
Murthy Law Firm Attorney 8
Attorney		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 11, 2009 05:56 AM Click Here to See the Profile for Murthy Law Firm Attorney 8   Reply With QuoteEdit or Delete Message
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
indiadocus
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Hello

I am also a doc and I think I have hired same lawyer as you did. I am also speciality trained, have couple advanced degrees and few more publications. I am scared after seeing your case. I agree with you as few of my friends got it approved with similar credentials. Can you tell me which center you applied to, did you get any RFE and what was the timeline for denial.
Posts: 14 | Registered: June 06, 2009
pappu2003
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 13, 2009 05:48 PM Click Here to See the Profile for pappu2003Click Here to Email pappu2003   Reply With QuoteEdit or Delete Message
hang in there Indiafocus

you might get through-my case was managed by a IO who is known to be tough. I applied in TSC( I mean, that was goodluck out there-some of my pals got thrown to NSC via TSC).
its your fate.
Be aggressive with the paralegals and the lawyers-one of my friends actually flew down to NY to meet the lawyers personally and helped draft a more specific-BSproof letter with acurate characterization of the new evidence; he was approved in a month of responding to the RFE.
Posts: 170 | Registered: September 28, 2003
slowgcprocess
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Eb1 denial

Pappu2003,
You are correct. The whole process is subjective. No standard process here. Actually looking at your profile its not weak at all.
I had 2 specializations, research publications, out of loop citations, etc., also went with same attorney(NY, docs),...got denied as well.
Posts: 9 | Registered: September 30, 2009
pappu2003
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 15, 2009 08:26 AM Click Here to See the Profile for pappu2003Click Here to Email pappu2003   Reply With QuoteEdit or Delete Message
sorry about that slowgcprocess...

This looks like a bad time for EB1-EA.
Murthy states that since Sept 2009-the EB1 applications have gone up by 400%!!!
I'm going to wait 6-9 months more, get a few publications and then apply.The problem with that is-I'll have to request all those atrocious letters which state that I 'am the best doctor in America!'.
Posts: 170 | Registered: September 28, 2003
LUD
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 15, 2009 05:38 PM Click Here to See the Profile for LUD   Reply With QuoteEdit or Delete Message
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
pappu2003
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 16, 2009 10:49 AM Click Here to See the Profile for pappu2003Click Here to Email pappu2003   Reply With QuoteEdit or Delete Message
here is the link....

http://www.murthy.com/news/n_scop09.html
Posts: 170 | Registered: September 28, 2003
slowgcprocess
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attrocious letters

Also agree Pappu2003, thats the worst part of it, the letters. You should be able to use the same letters, though with new evidence.
Posts: 9 | Registered: September 30, 2009
pappu2003
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 16, 2009 08:11 PM Click Here to See the Profile for pappu2003Click Here to Email pappu2003   Reply With QuoteEdit or Delete Message
hey...slowgc process..

Do we get our letters back? or some of that worthless evidence back from USCIS?
Posts: 170 | Registered: September 28, 2003
slowgcprocess
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 17, 2009 07:15 PM Click Here to See the Profile for slowgcprocess   Reply With QuoteEdit or Delete Message
your lawyer(SJ) should have copies of every document including letters.
Posts: 9 | Registered: September 30, 2009
pappu2003
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 18, 2009 06:30 PM Click Here to See the Profile for pappu2003Click Here to Email pappu2003   Reply With QuoteEdit or Delete Message
hey slowgcprocess...

what are you thinking of doing?
Do you have a job lined up? and have you started your PERM process? how's your NIW doing?
Posts: 170 | Registered: September 28, 2003
slowgcprocess
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 19, 2009 05:59 PM Click Here to See the Profile for slowgcprocess   Reply With QuoteEdit or Delete Message
Job- yes, PERM filed. NIW- filed later, pending.
Posts: 9 | Registered: September 30, 2009
pappu2003
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 20, 2009 10:34 AM Click Here to See the Profile for pappu2003Click Here to Email pappu2003   Reply With QuoteEdit or Delete Message
I dont like the way my NIW is still pending

It will be 5 months this November. no updates on that at all. I have a feeling that its probably been thrown in a RFE file.
I'm seeing more and more approvals since my filing time(June)-and the average time to approval is usually around 1 month. So (I'm guessing here), if my NIW is delayed for a few months-I should expect a RFE or a NOID in the near future.
Posts: 170 | Registered: September 28, 2003
aalhaddeshmukh
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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
pappu2003
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 23, 2009 03:18 PM Click Here to See the Profile for pappu2003Click Here to Email pappu2003   Reply With QuoteEdit or Delete Message
thats terrific...you've got your NIW tucked away

thats some relief, let me tell you.
I have a real fear that my NIW might tank too. Then I'm really screwed.
Posts: 170 | Registered: September 28, 2003
slowgcprocess
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted December 04, 2009 06:14 AM Click Here to See the Profile for slowgcprocess   Reply With QuoteEdit or Delete Message
plans after denial...

Pappu2003,
Can you send a PM to me with eail address. I am in the same situation as you are. NIW is also pending, mine for close to 9 months.
Thanks
Posts: 9 | Registered: September 30, 2009
pappu2003
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted December 04, 2009 07:41 AM Click Here to See the Profile for pappu2003Click Here to Email pappu2003   Reply With QuoteEdit or Delete Message
slowgc...

the moderators will delete email addresses in messages. you'll find my email ID in my profile.send me a message.
Posts: 170 | Registered: September 28, 2003
JJB
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted December 10, 2009 03:06 PM Click Here to See the Profile for JJBClick Here to Email JJB   Reply With QuoteEdit or Delete Message
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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