Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.
EB1A Successful RFE Response
Published Sep 13,2017
By Hariharan Ananth
Hi,
I have a Ph.D in robotics and my specialization is consumer robotics (medical robotics). Our company is one of the 4 or 5 companies that develops a medical device that feeds people using robotic technology. I helped the innovators build the prototype while i was pursuing my Ph.D and later joined the company as VP of Technology. I am at the executive level in a start up company that is growing very fast. Last month my attorneys applied for my EB1A providing all evidence and i got an RFE in 4 days. Our product won an national award which USCIS is not accepting saying it wasn’t won by me. They also are asking for more evidence of me working in more crucial and contributing role in more than one reputed organizations. I have 2 publications and 4 conference papers in my field which have about 30 citations. USCIS says it is not enough for the category I am applying for. I saw no mention of my salary or anything else in the RFE. I also submitted evidence of media publications about our product from online sources which USCIS is not considering credible. I would like to seek someone’s help here in some guidance on preparing a very strong response to the RFE that will increase my chances of getting my GC.
Thanks.
Posted in EB1A
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Tigran Kalaydzhyan
6 years ago
Hi Hariharan,
Are your attorneys preparing a reply to RFE? How many criteria did you satisfy from the point of view of RFE issuer?
I satisfied one comfortably. They just asked us to clarify the other two with more evidence. Yes the attorneys are preparing the reply. But I would like to understand this better with someone else’s help and guide this effort. In my mind, they did not do a thorough job the first time. Any advise is appreciated.
Thanks
Hariahran
Tigran Kalaydzhyan
6 years ago
It is hard to help with the reply without seeing the case, but, in general, you have to find some material that goes along with the list of appropriate evidence provided by the USCIS officer. They should be mentioned in the RFE itself. If not, you can have them by the following link, http://bit.ly/EB1ARFE (template for the USCIS officers). It should be helpful in establishing your critical role. Regarding the other concerns, it looks like the officer has a point. Speaking of the small number of citations, you can try to show that the field is small or your contribution to the field is relatively recent, so there was not enough time to accumulate the citations. You can provide written testimonies from your recommendation writers on how important and widely used your contribution actually is.
If I may ask, were you born in India? If not, then you may have an excellent chance of obtaining EB2-NIW with the given credentials. If you decide to proceed, then you can download do-it-yourself packets from our site.
Thanks for your reply. Yes I am born in India. If this attempt fails, my next is to apply in EB2-NIW.
Muhammad
2 years ago
Hi Hariharan,Thanks for sharing. I got a similar RFE for an EB-1A application at the Nebraska Service Center (NSC). Have you responded them for fulfilling other two with more evidence.?
Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.
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Hi Hariharan,
Are your attorneys preparing a reply to RFE? How many criteria did you satisfy from the point of view of RFE issuer?
Tigran,
I satisfied one comfortably. They just asked us to clarify the other two with more evidence. Yes the attorneys are preparing the reply. But I would like to understand this better with someone else’s help and guide this effort. In my mind, they did not do a thorough job the first time. Any advise is appreciated.
Thanks
Hariahran
It is hard to help with the reply without seeing the case, but, in general, you have to find some material that goes along with the list of appropriate evidence provided by the USCIS officer. They should be mentioned in the RFE itself. If not, you can have them by the following link, http://bit.ly/EB1ARFE (template for the USCIS officers). It should be helpful in establishing your critical role. Regarding the other concerns, it looks like the officer has a point. Speaking of the small number of citations, you can try to show that the field is small or your contribution to the field is relatively recent, so there was not enough time to accumulate the citations. You can provide written testimonies from your recommendation writers on how important and widely used your contribution actually is.
If I may ask, were you born in India? If not, then you may have an excellent chance of obtaining EB2-NIW with the given credentials. If you decide to proceed, then you can download do-it-yourself packets from our site.
Tigran,
Thanks for your reply. Yes I am born in India. If this attempt fails, my next is to apply in EB2-NIW.
Hi Hariharan,Thanks for sharing. I got a similar RFE for an EB-1A application at the Nebraska Service Center (NSC). Have you responded them for fulfilling other two with more evidence.?