A Summary of Reports
Dr. Ochuku from
Myanmar approved in NIW in 3 weeks, he is a
Ms. Swall from China, she is a Ph.D. student
in Music, get approved in NIW in two weeks.
Dr. Raj, who is a physician from India,
approved in NIW in a couple of months. A
special note for Chinese and Indian
nationals, sure, the economy is bad, sure,
there is no visa available, however, we
found NIW is much easier to be approved
these days, remember, an approved
immigration petition is good for life.
Dr. Jafar Al-Sharab was approved for NIW. He is from Jordan, currently a research scientist at Rutgers University in the field of material science. It took very long time (over 2 years) for USCIS to process his case, we suspect it might be complicated by his Mid-East background. Interesting enough, two other cases (Dr. Joe from Cameron and Dr. John from Ghana) were approved in a very short time after Obama became president. Especially for John, his entire case (I-140 and I-485) was processed at the same time in less than 3 months, amazing.
Two cases for Koreans are very interesting to us. It seems to us after the Virginia Tech shooting incident, every Korean case got RFE from USCIS for some time. Kim got his Ph.D in economics from Virginia Tech, we applied NIW for him, he did not have a job, when he received the RFE, we were really worried about this case, because he still did not have a job yet. After the RFE response, it took USCIS almost two months, then they approved it, amazingly, they also mailed him the green cards (a family of four) in 10 days. Now, with the help of green card, he is working. Lee is a research associate in computer science, his RFE was kind of standard RFE, basically says please do your petition all over again and prove how you qualify for NIW. So, we did it again. But he got denied, it says you only have one first-author paper and did not prove that "your ability is above the peer's". He was very depressed. We told him "Don't worry. We will help you to appeal." So, we wrote an appeal. 10 days after appeal, his case was approved.
Dr. Henry from Sri Lanka was approved in NIW by Nebraska center. He is doing research in medicine for CDC.
A Summary of Reports to September
Dr. Plume from China was approved in NIW. The case was submitted in March and approved in September. Dr. Plume is a research associate in a university.
Dr. Chancellor was approved in EA. He is doing research in electronic tracking of cancer cells. A Nepal citizen, he came to USA on B1 visa from Sweden.
Dr. Siveroma from India is approved in OR category. He is a faculty member doing chiropractic research at Southern California University of Health Sciences. The case was requested for more evidence, with a little attention from us, it was then approved within a week.
Dr. Silver from India was approved in EA. Dr. Silver is a research associate at a National Laboratory. The case was submitted in March and approved in August.
Dr. Shawn from India is a research scientist at a university in Chicago. He had an NIW case approved. He filed the EA in March and was approved in August. Amazingly, in September, his entire family received the green cards.
Dr. Sashi from India was approved in EA in 3 months. He did not use premium processing. It should be very careful in using premium processing for EA, if the background is marginal, it is very easy to get a RFE.
A Summary of Reports for the first Quarter
Dr. Fox's case was approved in 7 days with premium processing in EA. He is from Mexico and a physicist.
Dr. Mugabi was approved in EA. He is an expert in French language with a Ph. D in French literature, he is teaching in an elementary school. Wow.
Dr. Schmidt from Germany is approved for EA in 14 days. She is doing HIV research. Premium processing is used in this case.
Dr. Rainforest from Indian got approved in NIW by Nebraska center without RFE. His case was filed to Vermont center in March 2006 and transferred to Nebraska Center. He is a post-doctorate doing bio-medical research.
A Summary of Reports to December
Dr. R from Indian is approved for NIW. It took 4 months. Dr. R is from India and currently a physician.
Dr. Flight from Turkey gets approved in EA in 14 days, he used premium processing, he is currently a research associate.
Mr. Sunny gets approved in NIW from WAC, this is a RFE case we did.
Mr. Moon from Turkey gets his J-1 waiver approved, he is now a manager of a hotel.
A Summary of Reports up to August
Dr. Verylongname from India, currently a postdoc dong biomedical research gets approved in NIW in 5 months, the case was filed to Vermont Center, then transferred to Texas Center.
Mr. Kong from Malaysia, currently a Ph.D. candidate was approved in NIW.
Two AAU cases. Dr. Kim from South Korea, currently doing electric engineering research in a National Laboratory, filed NIW in 2003. The case was denied after RFE by Nebraska Center in 2005, we then filed appeal. It was approved by AAU. Ms. Butor from Pakistan, currently a faculty member in a university hospital, filed NIW in 2005. She filed NIW by a lawyer in 2000, it was denied. In 2005, we filed NIW the second time for her to Texas Center, since her previous denial, Texas Center did not even send RFE, straightly denied her case in a month. We filed appeal. Interestingly, AAU sent the case back to Texas Center for review, Texas Center then issued a RFE, we responded immediately, the case was then approved in 2 weeks after AAU's decision. By the way, after April 1, all I-140s should be filed to Nebraska Center, with the approval of this case, we achieved 100 percent success rate for cases filed to Texas Center.
Ms. Narayana, from India, currently a software engineer in California, gets her PERM approved in 2 months.
Mr. Yutchenko, the greatest story. He is from the old Soviet-block country. He is a construction manager with a BS in civil engineering. He needed start his work in USA in April, neither H1B nor PERM will get an EAD this fast, so we used NIW to California Center just to try to get him an EAD first. Fantastically, his NIW was approved, only a BS degree, no publication, with 2 recommendation letters. Meantime, his H1B petition was also approved (effective October 1, 2006, though), and his PERM was also approved by DOL (no use anymore).
Two RFE cases approved. Dr. Singh and Dr. Virenda, both from India, currently doing biomedical research as research associates, filed I-140s on their own both to Nebraska Center and received "Request for more evidences". They came to USAIA for help in response, we did the response. 3 months after, the cases were approved.
Ms. Model's case was approved in 2 months. She is a Ph.D. candidate doing physics research.
Dr. Harry's case was approved in WAC in 5 months. He had a EA case filed by himself and was denied. I was concerned that might have some negative effects on his NIW petition this time. Fortunately, it was approved without RFE. A smooth sail.
FYI. Dr. Moly is a physician from India, currently working in a clinic in USA. I filed OR for him in EAC. EAC sent RFE saying the employer is not a non-profit organization. Then we wrote a very diplomatic letter withdrew the petition. After 6 months, EAC filed a motion to re-open the case on its own. Now the case is in processing.
I reported the approval of Dr. House's case in September. Today he called me to tell me that he received his green card in mail. He expressed his sincere appreciation of our service and said he would be willing to write a good reference for USAIA.
Dr. Roadrunner's case was approved. He is from China with MD degree and currently doing medical research. Dr.Sky's case was approved. He is also from China, he has a Ph.D. in computer science and is currently a database manager for a private company. Certainly we did a little technical treatment of his job title in the petition.
Ms. Queen's case was approved, within one month. She has an MBA, a foreign master degree in environmental sciences, no publications in USA, two papers before she came to US.This is a case that I spent a lot of time with dedicated efforts.
It is a crazy time. The following cases were all approved within a month. One client got his I-140 receipt and notice of approval almost at the same time. Ms. King's case was approved by TSC. She only has Master's degree, doing statistical work for a DOD Research Institute through a contracting company. Dr. Smith's case was approved by TSC, he is from former Yugoslavia, he is doing medical research. Dr. Ralph was approved by TSC, he is from Indian and doing plant genetic research. Dr. Gold was approved by NSC, she is from China and she is working on medical research.
Nik finally get his green card. Two years ago, he came to me. He was laid off, at that time, his I-140 by labor certification was approved, he did not file I-485 yet, also he had some bad records when he was a teenage in UK. Thanks God, our efforts finally get some good results for him.
Dr. House's Outstanding Researcher case was approved in Texas Service Center. It only took 40 days for the case to be processed. From Bangladesh, House has a Ph. D. in accounting. He was worrying that people from Muslim countries will be specially scrutinized. Apparently this is not the case in his I-140 processing.
Dr. Jacob's NIW case was approved in Texas Service Center in 15 days. He is currently doing Avian influenza research.
Dr. River's case was approved on August 14. Ms. River has a Ph.D. in finance. At the time of filing, she does not have a job and her OPT was about to expire. In April, the case received RFE.
Dr. Jacob's J1 waiver case was approved on August 4. The case was submitted to Department of State Waiver Review division on June 6. The State Department is very effecient and transparent. The process goes smoothly.
Dr. Sweety's case was approved by California Center. Dr. Sweety is doing Alzheimer disease research, from Hungary, she is a brilliant scientist. Her case was filed in August 2004, CIS sent RFE in April. One week after RFE response, her case was approved. 3 weeks later, she received her green card, amazing! "I would like to thank you for your guidance through this frustrating times." She wrote.
Ms. Shadow's case gets approved from Vermont Center after 2 years and a RFE. I felt her case was very well prepared, nicely written, yet, I don't think they even read it carefully. Just because she does not have a Doctor's degree, they send out RFE. Eventually, it was approved. Surprisingly, Dr. Lake's case was approved by Vermont Center too, in less than 4 months time. Dr. Lake's case should not have a problem at all, it is just the speed of processing that is surprising.
Ms. Tree's case was approved. On April 6, we responded to the RFE, on April 20th, it was approved. Her RFE was expected, she does not have many publications and all the recommendation letters were from people with Chinese surnames. However, we got it done.
Mr. Lynn's case was approved by SRC. He has a B.S. in medicine and a M.S. in biochemistry from China. He is currently doing cardiovascular research.
Dr. Noble's case was approved by Vermont Center. His case was filed in November, 2004 in the category of EB1A, extraordinary ability. Dr. Noble is currently a psychiatrist. He got his Doctor degree from India. This case took less than three months to get approved.
Mr. Delaware's case is the most complicated I have ever had. The story is an interesting one with a happy ending. Mr. D came to US in 1988 from Jordan. He got his Master's degree in computer sciences in 1992. He then married a US citizen. Unfortunately, the marriage did not last long enough, so his green card was denied. At that time, he worked for a big computer service company, the company sponsored him through labor certification. In 1999, he quitted the company and started his own business. In 2000, the company lawyer requested INS to rescind his green card. Then he filed NIW with the help of a famous law firm in LA. In 2003, INS sent him RFE for his NIW case, He sensed his lawyer did not do a good enough job, he came to us for help. Mr. D is a genius in computer programming and an outstanding businessman, he has been rapidly expanding his company and made a significant contribution to the local economy. I did the RFE response for him in the name of his lawyer. I personally felt that the response was overwhelmingly convincing. Within a month, the case was transferred from regional center to the local office for interview. This was a good news, however, since the case transferred to local office, it was silent as if it were disappeared. Meanwhile, his lawyer filed numerous other petitions in every possible category, unfortunately, all failed, at an extremely high price for him. His lawyer also filed numerous inquires about his NIW case which now was the only hope he had. In November 2004, his lawyer got the response from the local office that they wanted to deny his NIW case. Frustrated, he fired the lawyer, and he called me: "What to do now?" I told him: "Go to the local office and request the interview yourself." "How about if they deny the case?" "They can't. According to the regulation, local office does not have jurisdiction to deny the NIW case. If they say they intent to deny, then ask them why, then ask them to send it back to the regional center." He went to the local office in early December, the reviewer of the case was a lady, she took him to her office and told him "I am going to send you a letter of Intent to Deny. You will receive it in a couple of days." He asked "Why? The regional center did not deny it." Then she took his file out and open the file, both of them saw the instructions from the regional center which says "Verify and Adjudicate". Apparently nobody in the local office had touched the case before. She said "Well, I need to make an appointment for you to see our director." On January 2nd, one day after the New Year's day, he went to see the Director. The Director told him: "Your I-140 is approved. I will call the Immigration Judge to withdraw the deportation case that is against you, then adjust your status."
He called me "Thanks to former vice president Al Gore invented the internet, I found you thought the internet." I said "You deserve the green card, for almost 20 years, it was a psychological torture for you."
Ms. Cheney's case was approved by Texas Center. Her case was filed in May 2004 . She has a M.S. degree in computer science and she is currently doing highway safety statistical analysis. The swift action by Texas Center took us by surprise. Congratulations to Ms. Cheney, you earned it. Happy holidays.
Mr. Ironman's case is approved. He is a computer engineer working for a private company. His petition was submitted to Vermont Center in September 2003.
Mr. Sal's case was approved on November 2 by Texas Center, Mr. Sal is a process control engineer working for a consulting company in Indiana, his case was technically filed to Texas Center in February, 2004.
Dr. River's case approved by CSC on October 6. Dr. River is a post-doctorate at UCSF. This is a easy case, submitted in Sept., 2003.
Backlogs of immigration petition cases at USCIS are mounting, in all categories, at all four centers. Progresses are very slow, but not halted. I have two NIW cases approved in Nebraska Center recently. The first one is Dr. Benjamin, who is from Africa. A brilliant scientist, he received his medical education in Europe and currently is doing research in a university. However, he does not have many publications. He desperately needs a green card before his board license expires. His case was filed in July 2003. USCIS issued RFE in October, 2003. We responded RFE on December 10, 2003, the case was approved on January 14, 2004. The second case is Jake. Jake is a postdoctoral doing combustion research. His case was filed in September 2003, in May 2004, we received RFE asking "why your job can not be done by an average Ph.D. in mechanical engineering." We submitted the RFE response before the due date of July 2, the case was approved on July 30.
Recently, I got a case that might be of interest to all of you. That is an I-485 case. It passed the processing time given by USCIS, so, the applicant filed an inquiry through the USCIS National Service Center. California center processed the case after receiving the inquiry. But, the center apparently retaliated this kind of action ("inquiry"), they denied the spouse's I-485 for no reason, also, the denial can not be appealed.
Dr. Sloan was approved on August 30, 2004. He is from South Korea, obtained his Ph.D. in physics from an Iowa university and stayed for post-doctorate in the same university. We submitted the case in July 2003, he had 3 publications and 2 recommendation letters for the case, one from his Ph.D. advisor, one from his current boss. I feel the scheme we used to defend our case is working.
Client: Dr. Zac
Zac is currently a post-doctorate at University of Carlifornia. He has about 30 papers including conference presentations. He received his Ph.D from a foreign country. NIW petition submitted (I-140 only) on May 27, approved on July 6 (received the notice of approval).
Gary is from Hong Kong, he has a Ph.D. in computer science, he is currently laid off from work. NIW petition filed in March, approved in July. Wow, we get it even he is currently not employed.
Client: Y.W. from UCSF
Y is from China, he has a M.D. equivalent (Bachelor of Medicine), 5 papers published in Chinese Journals, one published in the US, 2 conference presentations, he is currently doing cancer research on J-1 visa, sec. 212 (e) waived by NO OBJECTION.
We took months to finish the case, (it took a long time for him to obtain some evidences from China). NIW was filed in October, 2002 to CSC. His case was approved January 23, 2003.
Currently (February), I have one biomedical research case in progress.
Client: J.M. K
Mr. K is a Ph.D. Candidate located in Florida. He is studying computer sciences, research area: network security, firewall. He has 3 papers published. He has collected 9 good recommendation letters. I finished the case in 2 months (from getting the agreement to submission). It was submitted in March 2002 and approved in January 2003 by TSC. I have two more that are close to have results come out.
Client: Mr. Rose
Dr. Rose is a postd in Wisconsin. He is doing semiconductor research in the department of physics. He has a very strong background including 7 peer-reviewed papers. We filed the NIW petition in July 2002 to NSC, it was approved in February, 2003. No problem during that period, just waiting.
Note: We understand some readers can extract some useful information from our cases. Except the names of our clients were changed, all other information is true in the above cases. We will bring you more reports as time goes by.
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