that’s normal for some cases. they may need to ask for some additional info or more evidence

it’s normal. do you know what the RFE is for yet?

my two friends got RFE for I-140. one was about the impact of his research. for another friend, it was about the lack of evidence for how he is well suited to advance his proposed endeavour in future. both are answerable and they are about to submit the response.

No, I don’t know what this is about as I have not received the notice yet. Hope that it is easily defendable and my I-140 will be approved soon. This will cause a delay again though. I see that the denial rates are very low indeed. They approve most of the cases.

yes, they approve most of the cases. plus it can be something as small as info is missing or signature is missing. but since it’s an RFE and not NOID, it must be something small. usually they respond quickly after getting an RFE.

I got RFE for my I-485, they responded to my case within 12 days of receiving it. my RFE was I-693 form.

I really hope so. I am waiting for the notice anxiously now. Thank you so much for all the help. I have been waiting for the approval for 14 months and then they issued this RFE.

It will be OK! let me know if you have any questions and if I can answer them.

They even gave me the EAD and AP in December.

Sure, will keep you posted.

don’t worry the current administration is pro immigration don’t worry an RFE is just more information than they will approve your case

if you filed your niw i140 with a law firm, they will take care of it.

Thank you so much for all the support. I suppose it is a minor thing. Yes, I filed my application with a law firm.

don’t worry it will work out trust me! keep positive and work with the law firm you will get your green card and then citizenship

I really hope so! I will let you know about RFE. Have a nice weekend everyone!

Hello, I got the notice. The officer (0214 Nebraska) challenged two of the prongs (first and third one). I saw that this is one of the most challenging officers but my attorney thinks that we can address this RFE.

That’s good. Between 2 friends I mentioned above, one got prong 1 and other Prong 3. Prong 1: to show the impact you can show where your work has been used, cited etc.. Prong 3: if you can get an employment letter that doesn’t have an end date and states that you continue to work there, would help you prove that you are well suited to advance your future endeavour. your service to scientific community (or the education you are pursuing) also helps. like reviewing papers, somebody used your work for their patent etc…

These are the experiences from my friends and my case. Of course, you and your lawyer know your case best. Good luck!

Thank you, are they Nebraska filers and do you know the officer code?

they both are in Texas. filed from here.

I don’t know officer code.

Did you use Chen? they should be pretty good at these

I used Chen. And they are amazing!

Don’t know about Seb P.

chen is good at what they do. only downside is they take way to long to file my niw

No, I did not use Chen. I had a different attorney in San Francisco. It is a boutique law company.

wonder have you submitted any evidence/letters related to prongs 1&3 when you filed your niw?

Yes, I submitted seven letters but the officer requests further evidence for independent contribution to my company and they want to know why my company did not file for the labor certification.

try to get a letter from an independent expert in your field too that may help! stay positive!

Thank you, I can definitely do this

@ Seb P do you mind sharing your background? do you have advanced degree, publications..etc?

you will win this case stay positive

Hi @Ollie, thank you so much for all the support. It means a lot to me. I try my best to be positive. Will definitely file my response.

Hi @Y H, I am working in the field of sustainable transportation. I have background in public policy and government relations. I have two Master’s (one from Switzerland and one from UK). Also, I have a postgraduate diploma program in the US. I have published professional articles. I have been invited to several conferences as a speaker. I am member of highly selective membership associations. There are many interviews about me and my work on media. I won some grants as well. The officer thinks that I am well positioned to advance this endeavor but requests further information on labor certification and national and substantial importance/merit of my endeavor. Let’s see how it goes.

I am sure it will go great! and your papers and media coverage is exactly what he is looking for!

@ Seb P, with your accomplishments you could have applied for EB1A! cant believe with your background the officer is asking for more proof of your merit. the officer seems tough from what I’ve seen online. best of luck!!!

Hi @S M, I really hope so. We have already submitted them but not sure the officer has checked them at all. My papers are not academic though.

Hi @Y M, thank you so much. Given my area of expertise (sustainable transportation), my attorney thought that I would be a better fit for NIW. My application was 1012 pages but will need to file a RFE response. So disappointing!

Doesn’t matter, as long as papers were read/cited by others. I have two masters one from Pakistan, another from France, PhD from France and 8 years of Postdoc from the US, 10 academic publications and over 300 citation, still my attorney suggested EB2-NIW. it worked out pretty well. my above mentioned 2 friends have similar backgrounds but they got RFE for 1st and 3rd prong. But response was possible and they are submitting next week. Good news is if you got an RFE, it means someone is actively working on your file! it will be fine, just a part of process.

They were not cited but read as they were published on major media platforms in my field. Yes, that is true. It seems that my officer is a tough one but no need to be upset at this stage. Maybe a new officer will review my case. I saw many approvals after the RFE responses. My attorney told me that we can address this RFE. Some of the lawyers prefer to withdraw or refile applications after this officer (0214).

Good!! Keep up the spirit! and your lawyer knows the best!

Yes, he is an experienced lawyer. I will speak with him on Monday regarding our strategy. Have a great weekend! You guys made my day.

you too! good weekend!

Hi @S M, one more question how long did it take for your friends to prepare their RFE responses?

i don’t think it’s as much about citations as it’s more about the field and how it will impact the USA transportation has national importance. And it’s about how well positioned you are to advance it if you are already working ok the field of endeavor then you are clearly well positioned

Thank you, @Ollie. You are right on that. Sustainable transportation is very important these days after Biden’s infrastructure bill. It surely has national importance given the climate change crisis we are facing. The officer has already approved prong 2 stating that I satisfy the evidence for that one.

@Seb P, I am confused about the labor certification they are asking for the RFE, thought NIW doesn’t need to go through the PERM process. so are they asking you to provide that?

@Y H, NIW doesn’t need labor certificat. Personally, I believe the officer looked at @Seb P’s petition its related much work info to current company/employer. Hence, he is kind of asking why not let your compnay file normal eb-2 and go through labor certification process. In different words.. What is the unique point that you filed for NIW and not going through normal eb-2 labor certification?

However, its defendable since the officer approved prong 2 that means she just needs to proof more evidence and clerify things for prongs 1&3! stay positive! 👏👏

Hi @Y H, yes A G is completely right. The officer does not ask for the labor certification. Basically, they want to better understand what makes very urgent for my field to file NIW. I could have gone through the PERM process and they want to learn if my field will create any jobs.

@Seb P The friend with Prong 1 completed his response in 1 week (media coverage, citations to prove his impact on the field etc) Friend with Prong 3 is working on paper reviews to show he is connected to scientific community in order to advance his future endeavour. He also got an open employment letter showing he will continue to work in the same field. He will submit the response next week, so total of three weeks. we all belong to biological sciences, doing postdoc/research in the field of stem cells.

So maybe the criteria of how you are scrutinised is slightly different than our’s. I don’t know much about your field.

Since my PhD is in blood cancer and current research is in blood stem cells and cancer, maybe that’s the reason why, it went fast. I am not sure.

Hi @S M, yes I understand. Thank you so much for all the information. Greatly appreciated.

Hi @A G, thank you for all the support. Yes, they just request further info on why I did not let my company apply for the labor certification and what makes my field very unique. You understood the request perfectly. I will start drafting my response shortly.

i would address the RFE not withdraw that is not a good idea you will have to wait longer back to the start of the line

Hi @Ollie, I totally agree. Will start drafting my response this week.

This guy is one of the worst officers . I have read that Chen when gets a RFE from him prefers to refile because he has a very low approval rate. Take this in consideration with your attorney, especially if he/she is charging you a fee to answer this RFE.

It’s hard to understand these officers issuing RFEs for people with strong profiles like you!

@flavia pedra Yes, I also read about it but my attorney feels confident and he thinks that we can address this RFE. I heard some people appealed this officer’s decision and got the green card approved like that.

i hope so! 🙌🏻 God luck!

Thank you ❤️

Hi Seb, just checking on you, what have you prepared so far? Have you submitted your response?

Hi @A G, thank you so much for your message. So kind of you. No, I have not submitted it yet. I am working on it with my attorney now.

hi Seb, thank you for posting and sharing the details of your case. please keep us updated when you get a decision. I hope it’s a positive one. good luck!

Hello Beulah, sure thing. Happy to help!

hello Seb did you submit your response?

Hi there, not yet. Hope to submit it by May 22nd. Will keep you posted.

Hello everyone, my case was approved!

congratulations your I140??

Glad for you!!! Congratulations!!!

Congrats Seb! that’s a big relief 👏.. May I know how long does take from rfe respond till decision?

Thank you, it is a huge relief. It took me 3 weeks to get the response.

congratulations

Thanks!