David Ali
Jan 23, 2023
EB2 NIW Got Denied!!
Hi Folks, My EB2 NIW got denied after 3 yrs of waiting and thinking to appeal. did any of you has been in a similar situation? is it worth appealing? Any good lawyer recommendations for writing a STRONG letter is really appreciated cheers
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Zia Ul HassanJan 23, 2023
I-140 or I-485?
David AliJan 23, 2023
hey Zia, I-140
짬 김Jan 23, 2023
did they tell you why?
David AliJan 23, 2023
hey Tram, the officer was challenging all the 3 prongs.
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Sa OJan 23, 2023
would you like to post your profile?
David AliJan 23, 2023
analytics and AI professional with more than 20 yrs of experience in 3 countries. 7 recommendation letters from Dubai, US, UK, NZ and Master degree in data information.
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Sa OJan 23, 2023
Texas center? Your profile seems good
j aJan 23, 2023
oh mine.. please do appeal.. do you have a PhD or you sent the route of a business plan?
David AliJan 23, 2023
hey Sa, yes. Texas center.
David AliJan 23, 2023
hey J a, I don't have PhD. I have master of information science. I didn't submit a business plan..
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Sa OJan 23, 2023
Did you use attorney in the first place? Are you in the US? You might need a good attorney
David AliJan 23, 2023
hey Sa, I'm outside the US but my attorney is in the US. any recommendations for a good one?
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Sa OJan 23, 2023
have you talked to him? no I don’t think
David AliJan 23, 2023
yeah. spoke with him but I think of trying someone else.
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T. G.Jan 23, 2023
@David Ali: re-evaluate your profile and submit a new application. You’ve waited 3 years, and appealing will take time. USCIS is giving decisions at a very fast rate (average of 3months from personal exp.). 1.) do you have evidence to demonstrate people are using your work? etc citation, soliciting for your work, and the others listed in the rfe 2.) have you judged the work of your peers through reviewing articles or any other means? 3.) have you received awards for your work? I find that if you can answer the questions above, the officers are more favorable to approve your niw petition with a compelling petition letter and other evidences. if the first prong was challenged, your lawyer did a terrible job with making a case for your proposed endeavor. *this does not constitute a legal advice. Get help from a qualified attorney.
David AliJan 23, 2023
hey T.G. thanks a lot for spending the time for a detailed response mate. I would say yes for you above questions. I also agree that something was not quite right in my case preparation and presentation to uscis. I don't know mate if I still have the carriage to do the same again...feeling like I'm already drained :-(
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T. G.Jan 23, 2023
Do not despair, if you are amply qualified you will get it. The burden just lies on you to demonstrate that you pass the 3 prongs. what’s your email/LinkedIn?
David AliJan 23, 2023
hey T.G, email naivebase@gmail.com. thanks
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YEE MehJan 23, 2023
It might be possible you are unlucky and encountered those who denied most cases like 0214. Appealing generally takes very long time (>1 year) and low success rate (~10%). Lawyers will generally recommend re-submit and pray you won't get another hard one. You can file PP after Jan. 31 if you are in hurry..
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Bukstar KJan 23, 2023
I had a similar case of all prongs below is what I did . though different profile but you might be able to pick one or 2 things More explanation about how well you qualify- initial one written was 32 pages. Wrote 54 more pages to reiterate it. Also wants refreees to submit their CVs and commit to full support of my pursuit. they all wrote another letter and committed to supporting me also got 2 more total of 8 people . They all added their CVs. I was advised to provide how well my pursuit will benefit the US- luckily I already registered a company here in US which I have used for consulting contract for 7 African countries and One in Europe so far and also got 2 Healthcare providers write committing that they are interested in working with me because my focus is to work on improving quality in healthcare and patient safety. Got more White House articles to support my case on the importance. Also had to explain the awards I got justifying the selection process that qualified me nationally and internationally. I also submitted the power point slides I used for a Business proposals for 2 healthcare providers that committed to work with me when approved. Lastly I read somewhere that you can add job applications you have submitted or still awaiting responses for just to show you intention to stay true to claims when approved. Hope this helps
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Sa OJan 23, 2023
publications and citations might not be issues.
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Bukstar KJan 23, 2023
Pls note - I did not use a lawyer so this is not from a professional. Also had no publication or citation but I had an MD, MBA and Masters in Patient Safety from John Hopkins.
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T. G.Jan 23, 2023
@Bukstar K is very right. there are so many variables that affect outcomes on a case by case basis. and sure citation and publications are not the only evidence they look at. Hopefully it works out for you @David Ali eventually.
David LopezJan 23, 2023
Beltrán Brito Casamayor
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Artur DJan 23, 2023
I also got denial in November 2022. You can appeal if your lawyer recognize something in the denial notice that he/she can overturn. Current processing time for appeal is 180 days for 95% petitions. I won't suggest this route because the success rate is extremely low. you can find statistics at USCIS website. I would suggest to reapply with PP.
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Artur DJan 23, 2023
you can also find USCIS non precedent decisions to evaluate your chances for appeal.
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Sa OJan 23, 2023
Sorry to hear about that. So your research is on energy engineering? does it receive any funding? did you apply outside the US. you applied for EB1?
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Artur DJan 23, 2023
yes ,mine research area is energy engineering. I got denial for EB2 niw. 2 and 3 prongs. I listed about 10 agencies that funded my research, including 2 from US. Didn't help. I am in the US right now. I will reapply in February.
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Sa OJan 23, 2023
were you in the US when you applied?
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Artur DJan 23, 2023
yes, I was in the US.
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Sa OJan 23, 2023
denied US funded research? very bad
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Artur DJan 23, 2023
yeah, officer just ignored many parts of the petition.
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Sa OJan 23, 2023
very bad
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Sa OJan 23, 2023
you even have over 150 citations
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Artur DJan 23, 2023
Now I have more than 150 but when I sent the initial petition I had 100.
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Sa OJan 23, 2023
haha! country of origin
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T. G.Jan 23, 2023
@artur that is crazy mehn.
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Sa OJan 23, 2023
I do not think that he used any of those.
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Artur DJan 23, 2023
@J S PhD candidate. will graduate this year.
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Mohammad Reza AskariJan 23, 2023
around 2.5 years-nonconcurent
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Sa OJan 23, 2023
please who’s your lawyer
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Sa OJan 23, 2023
did you have publications and citations when you applied? your proposed endeavor please
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N AJan 23, 2023
i submitted my case with Chen. I140 and I485 both appoved in less than 120 days in total. i did not use premium processing. i would recommend you to go with Chen. @Artur D
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Artur DJan 23, 2023
@N A my lawyer was Chen actually. Petition was good. I have approval or refund option. I just think that USCIS officer didn't like me or something.😁
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Sa OJan 23, 2023
Haha. the best immigration attorney so far. sorry
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N AJan 23, 2023
haha. OMG.
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N AJan 23, 2023
your profile is good. dont lose hope and apply again. wish you best of luck @Artur D
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Sa OJan 23, 2023
Chen would never take any weak profile. try again
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Artur DJan 23, 2023
thank you all! I will definitely apply again. sometimes it's just a luck🤞good luck to David, we will get it ☺️
Lucas PenzJan 23, 2023
Whats your officer number?
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j lJan 23, 2023
was it Texas ?
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Sa OJan 23, 2023
is Texas becoming too terrible nowadays?
David AliJan 23, 2023
@Yee Meh, yes, I think I was a bit unlucky. thanks mate for the advice. I think it is not worth the appeal.
David AliJan 23, 2023
@Bukstar K, wow...that's a lot of work and dedication to achieve that. well done mate. I will definitely consider doing someone similar if I re-apply.
David AliJan 23, 2023
@Artur D, sorry to hear about your denial, I know how painful it is. my attorney said that she is reckons the officer didn't consider Biden's executive order (STEM). However, I don't feel like she will do any better if I re-submit with her.
David AliJan 23, 2023
@J S, one of my friends recommended an attorney that I did use. paid approx 5k for her. she is saying that she is getting a LOT of approvals which I became a bit skeptical about that.
David AliJan 23, 2023
hey Liza, thanks a lot for suggesting that. you may send his details to my email naivebase@gmail.com
David AliJan 23, 2023
@NA, 100%. I have heard a lot of recommendations for Chen. I think I will use them if I re-apply. thanks for the advise.
David AliJan 23, 2023
@Lucas, XM1155.
David AliJan 23, 2023
@j I, Yes. Texas.
David AliJan 23, 2023
@Sa O,.not quite sure mate, I think it is more.of my luck rather than anything else.
David AliJan 24, 2023
thanks Liza. I will try Chen this time. appreciate your help.
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Alia AlaliJan 24, 2023
I am sorry @ David Ali. Did you get RFE before the denied? or you got the denied straight?
David AliJan 24, 2023
@Alia, the case officer issued an rfe after 18 month asking for basically everything as if she/he didn't receive any documents. received a denial letter after another 18 month.
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F OJan 25, 2023
reach out to mzshair@gmail.com. He is very good ! He worked on my i140 after an RFE.
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Sa OJan 25, 2023
Fola, can you please post your profile here?
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F OJan 25, 2023
just did
David AliJan 25, 2023
thanks Fola. I will.
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Sa OJan 25, 2023
so you filled concurrently
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F OJan 25, 2023
yes, I did
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Sa OJan 25, 2023
that is good
Dimuthu wJan 29, 2023
I filed through Chen and got my 140 NIW approved in 6 months
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Sa OJan 29, 2023
Dimuthu, can you post your profile please
Dimuthu wJan 29, 2023
Cyberinfrastructure researcher with 7 years of experience and 13 published papers (~50 citations)
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Sa OJan 29, 2023
Thanks for sharing it. Gotten your i485?
Dimuthu wJan 29, 2023
Masters
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april 2022Jan 30, 2023
once they deny then that’s it… game over.. it reality … start looking for some other country to immigrate to…
David AliJan 31, 2023
hey Helloworld. I have already moved to Melbourne. cheers
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sam lovacJan 31, 2023
David Ali I also had a denial 3 days ago, I'm waiting for the letter to arrive so I can find out the justification from the immigration agent.. I'm quite frustrated
Micheal Eleshin Feb 2, 2023
Try Jessica Salles Firm. Tell her I referred you to her.
nicky pFeb 3, 2023
Badmus and associates, located in Texas. Her team is amazing
Aristides AlexanderFeb 3, 2023
You can travel, I said a month to the residence so that it can be sold????
fay hFeb 4, 2023
did you guys get rfe before a denial!?
Bee xFeb 4, 2023
Did u find a lawyer? i have a good recommendation
Dozi KahoFeb 4, 2023
hey email NIW.dozikaho@gmail.com. the guy writes strong petition letters that focuses on the three prongs, finds the evidence for you too.
Enrique CornejoFeb 4, 2023
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Ricky DarlingFeb 4, 2023
Enrique what is the track record of Colombo Hurd? Do you know what their fees are for NIW?
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S OFeb 5, 2023
submit a new application.Appeal will take forever
Joseph RichardFeb 7, 2023
hello
Joseph RichardFeb 7, 2023
hello
Casey KFeb 9, 2023
@David Ali apply for Eb1 instead and do premium processing. Your background is a good fit for eb 1
03100934596 EL21739667235Feb 9, 2023
03100934596
Cee TeeFeb 10, 2023
I wouldn’t stress myself out about replying with USCIS unless you’re like 25 and have a few work years ahead of you 40-50 old literally don’t make sense . There’s not much here that is worth the hassle and that’s me after living in the states for over 10 years great country but the real work starts after getting the green card.
lidy Evora BarrosFeb 10, 2023
sorry to hear...please don't give up
David AliFeb 10, 2023
@Sam, feel your PAIN, honestly, the entire journey is nightmare...waiting is nightmare, RFP's nightmare and getting denied makes it even better! not sure about you but I feel drained and I have no carriage to resubmit again :-(
David AliFeb 10, 2023
@Michael Eleshin, thanks mate.
David AliFeb 10, 2023
@thanks Nicky.
David AliFeb 10, 2023
@Fayola, yes. got an RFE 18month after submission.
David AliFeb 10, 2023
@Bee, thanks. had some recommendations but you may share for the benefit of others.
David AliFeb 10, 2023
@Dozi,that's good mate. thanks for the advise.

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