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EB2-NIW Nebraska (any receipt date)

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Posted by BimiriNIW (11) 12 hours 28 minutes ago#3926
Thank you natan, ischemia, and kuzmat for your comments.

I actually realized that when I applied for OPT, I gave USCIS my new passport copy/info. So, it should be there in their system if they dig it up.
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Posted by hoangyenan (7) 3 hours 8 minutes ago#3927
to Light2009:

how can you legally have 2 jobs without having a GC in US?
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Posted by Abelson (4) 2 hours 56 minutes ago#3928
Just to update. My application for I-140 was approved today. What is the wait time for the I-485? Sorry if this question has been asked before.
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Posted by Light2009 (20) 2 hours 33 minutes ago#3929
to hoangyenan:

I am on OPT. It’s fine as long as employers are E-verified.
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Posted by ischemia (56) 2 hours 23 minutes ago#3930
to Abelson:

There is a discussion forum for NSC for those with approved I-140 in the I-485 section. You should definitely want to visit that.
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Posted by Ghorab (16) 2 hours 5 minutes ago#3931
to Abelson:

Congratulations
So fast!
In 6 month?
Could you please share your credentials ?
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Posted by natan111 (809) 1 hour 56 minutes ago#3932
to hoangyenan:

Yes, depending on your status. With I-485 based EAD, yes. But it may have an impact on your NIW if you over-invest into a job that's not in your stated focus of interest.
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Posted by natan111 (809) 1 hour 54 minutes ago#3933
to Abelson:

Congrats! With the interview and current processing rate you're looking into 4-6 months for I-485 (after today). See you on the right side of these forums :)
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Posted by choicek (6) 1 hour 53 minutes ago#3934
I just received the online notice which informed me that my I-140 was denied. I received the RFE from the officer EX 0011 in NSC, questioning 3 Dahanasar Prongs and the future plan. I am very frustrated with the outcome that was not expected.

My credentials: Assistant Professor (tenure-track) of Business Administration in the US, Ph.D & Master from the top universities in the US, 6 papers published at the top-tier journals within the last two years, 6 conference proceedings, >50 independent citations(by excluding self-citations), >100 reviews, editorial board member of the top-tier journals, grants & awards, professional associations, 8 reference letters (5 independents).

Please advise.
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Posted by astro4niw (3) 1 hour 43 minutes ago#3935
to choicek:

sorry to hear that. Just to clarify, you replied RFE earlier and they denied your case, is that correct?
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Posted by natan111 (809) 1 hour 31 minutes ago#3936
to choicek:

Same Officer (ex0011) just denied tekoshar's NIW (see 2 pages back)! It seems totally wrong, especially with your credentials. Do you have an attorney? It seems to me that you have a reasonable chance to win an appeal but a new filing with the same evidence might be a less stressful option.
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Posted by IRniw17 (267) 1 hour 28 minutes ago#3937
to choicek:

Sorry to hear that! Some questions:
1) Did you respond to the RFE?
2) Did you have a lawyer?
3) Is your current job related to your PhD research? (I guess it should be since you're in academia now)
4) Can you please let us know how you responded to the RFE?

At last, I'd appreciate it if you could add your case to trackitt. Thanks!
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Posted by choicek (6) 1 hour 26 minutes ago#3938
to astro4niw:

To astro4niw,

Yes, I replied the RFE earlier - my attorney submitted the detailed responses to the RFE with the evidence (employment letters, future plan, updated CV, information regarding the national importance and substantial merits, additional papers, updated Google Scholar citation records, and detailed list of citing independent authors, peer reviewer activities, ongoing projects and grants, additional awards, etc.,).
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Posted by choicek (6) 1 hour 19 minutes ago#3939
to natan111:

Yes, I have an attorney, not Chen, but he is a very reputable attorney. He told me that my I-140 should have been approved given my credentials. As I just received the online notice, I am currently waiting to receive the letter.
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Posted by IRniw17 (267) 1 hour 18 minutes ago#3940
to choicek:

You seem to have very good credentials. What is happening these days does not make any sense to me. Maybe they are sensitive to those having an employer now and may qualify for regular EB2 through labor certificate?!! Still very strange...
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Posted by choicek (6) 1 hour 14 minutes ago#3941
to IRniw17:

1) Yes, I submitted my response to the RFE.
2) Yes, I have a reputable lawyer, (but not Chen).
3) Yes, my current job (assistant professor of business administration) is aligned with my Ph.D. research. And I am currently working on H1-B Visa.
4) I did my best to respond to the RFE (detailed explanations with additional evidence:employment letters, 3 more reference letters (8 references in total including 5 indep), future plan, information regarding the national importance and substantial merits, additional papers, Google Scholar citation records, and detailed list of citing independent authors, updated CV, peer reviewer activities, editorial board member, ongoing projects and grants, additional awards, etc.)
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Posted by IRniw17 (267) 1 hour 9 minutes ago#3942
to choicek:

With these credentials, just go ahead and re-submit through EB1B. This is most probably because you already have a full-time job (which btw doesn't make sense at all).
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Posted by natan111 (809) 57 minutes ago#3943
to IRniw17:

It is this particular Officer (ex0011 in Nebraska). It can't be a coincidence that we saw 2 denials here within a week by the same Officer.

Nothing to do with labor certificate.
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Posted by tekoshar (37) 54 minutes ago#3944
to choicek:

I am sorry to hear that. What happened to me is exactly happening to you except your credentials are better than mine.

Same RFE + same denial--> more importantly from the same officer. I think this officer is new and doesn't understand the process at all.
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Posted by IRniw17 (267) 53 minutes ago#3945
to natan111:

It could be! At least this is what this particular officer thinks! Looks like both cases that we’ve seen getting denied by this officer are pre-Dhanaser cases that got RFE.
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Posted by choicek (6) 45 minutes ago#3946
to IRniw17:

I am not sure whether I can go through EB1B. The petitioner for EB1B should have at least three years experience in teaching or research. I have been working as an assistant professor for less than 3 years. But if I can include my teaching as a graduate instructor and research experience as an RA when I was a Ph.D. candidate, I can meet the requirement of at least three years' experience in teaching or research. Do you think teaching experience as a graduate instructor or research experience as an RA can be included in the requirement of minimum three years?
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Posted by natan111 (809) 38 minutes ago#3947
to IRniw17:

Every denial starts with RFE (or NOID in rare cases). Given the credentials of both denied cases (especially the last one) it is hard to think of a rational explanation beyond outlier harshness of this particular adjudicator.

For labor certificate you need to show that no USC or LPR is being displaced by your job position. For NIW you literally need to show the opposite. So this argument won't fly. (Ultimately every NIW denial/approval is about waving the labor certificate requirement.)
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Posted by choicek (6) 35 minutes ago#3948
to tekoshar:

Did you have the same officer? My attorney told me that the same officer recently denied two I140 NIW cases (including myself) without any valid reasons in 2018. That is, the person is also very qualified (more than 200 independent citations), but the officer claimed that the petitioner has a marginal contribution to the field. So his/her NIW I-140 was denied from the officer EX 0011 and s/he decided to appeal. I do not know what to do.
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Posted by tekoshar (37) 21 minutes ago#3949
to choicek:

Yes same officer cod: EX 0011.

Chen also said I might have a good case to appeal. The downside of the appeal is if you appeal and refile at the same time, your new NIW won't go in the adjudicating process until you hear about your appeal and it might take 6-9 months.

My manager thinks that we should appeal since he thinks he can't let his superstar scientist go back to a war zone in Iran (this was his own word in his letter to congresswoman :)). He went to congresswoman's office and gave her a letter after the denial. I am sure this doesn't help at all since congresswoman mentioned that they cannot overrule the USCIS decision.

But, we can at least attach a congresswoman letter to the appeal documents, might influence the officers mentally?!
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