A I
Mar 12, 2025
Seeking advice
Hi, I’m looking for advice from anyone who has recently been approved for an EB1. I got a denial from the Texas office after what seemed like an easy RFE (I haven’t received the denial letter yet).I submitted the case throug PP and got answers in 8 days. I have a strong case with six criteria, plus several solid support letters from top people in my field explaining my work and its impact. I feel like I’ve done everything I can. Is it just a matter of luck, and should I try refiling, or would it be a waste of money? I also have an NIW with a priority date from early September 2023, and I’ve noticed the dates have been moving pretty fast lately. Any advice would be appreciated!
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fam pMar 12, 2025
If you have the money and are in a hurry to avoid falling out of status, then strengthen your case and refile. The wait time for NIW even after AOS is very uncertain.
Martin .Mar 12, 2025
You can have a strong profile but a poorly written petition letter. you will need to get someone else with experience to review your letter. Also, support letters will most likely only count for one criteria - leading or critical roles, so that shouldn’t be the reason your application will be denied or approved.
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Mo OniMar 13, 2025
I am sorry to hear about your experience. I once had a similar experience. I was advised to reapply after gathering better evidence. I applied by myself the first time. I however used an Attorney to reapply. I am still expecting the decision. I decided to do regular processing this time around. Did you apply through an Attorney? What is your specialty? Did you receive any RFE? If not, wait to see the I-797C that conveys the denial. Once you get the Form, you will be better informed about the next step. I wish you luck.
A IMar 14, 2025
@fam p I don’t have any issues with my status, as I just started my H1B visa, but I’m becoming frustrated with the long wait. It seems like it could take another year or two to get my case through the NIW process. My main concern is traveling and getting stuck in administrative processing, especially with my kids in school. Additionally, I had a PERM application rejected two years ago after a random audit, which took about two years to process. I have been in this process for five years mow with no traveling
A IMar 14, 2025
@Mo Oni Thank you! I don’t have anything more to provide for my case, which is why I’m concerned about reapplying. I worked with a highly qualified attorney, with whom I’ve had two successful cases in different visa categories, both without RFEs. I’m an engineer with over 18 years of experience. I received RFE and based on my knowledge and the evaluation from both my attorney and me, it seemed like a straightforward one.

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