EB-2 NIW

[EB-2 1]

My I-94 is not expired. In order not to overstay it, I applied for EB-2 NIW on time and was in legal status until I received a letter of denial dated 06/14/2023.
I understand that I have 30 days from 06/14/2023 to file an appeal. But I would like to reapply. Do I have 30 days or more to reapply or how long can I reapply after the denial?
I do not think that I will hire an attorney. 

[appleblossom 2,483]

1 minute ago, EB-2 said:

My I-94 is not expired. In order not to overstay it, I applied for EB-2 NIW on time and was in legal status until I received a letter of denial dated 06/14/2023.
I understand that I have 30 days from 06/14/2023 to file an appeal. But I would like to reapply. Do I have 30 days or more to reapply or how long can I reapply after the denial?
I do not think that I will hire an attorney. 

You can reapply immediately, but in all honestly I'm struggling to understand why you would - as said above, you don't seem to qualify? Plus you'll be unable to work for a long time, so spending a lot on sitting around waiting for another potential denial.

 

If you're really determined to apply again and do it yourself, I'd recommend you at least have a consultation with a highly experienced EB2 NIW attorney, and then you'll know if you have a chance or not. 

 

 

[EB-2 1]

I'd like to reapply because I have a new document to submit and I saw some mistakes that the lawyer made.

Thank you, appleblossom. Do you have lawyers who specialize in work visas? I'll appreciate that if you suggest at least one. I'll call Victoria Chen for a consultation. 

Edited July 3, 2023 by EB-2

[Boiler 45,478]

I guess I am confused how all this happened in 6 months.

 

Anyway you can get a free evaluation here:

 

https://wenzo.wegreened.com/case_evaluation

[appleblossom 2,483]

6 minutes ago, Boiler said:

I guess I am confused how all this happened in 6 months.

 

Anyway you can get a free evaluation here:

 

https://wenzo.wegreened.com/case_evaluation

EB2 was current until recently, so 6 months is perfectly feasible. Our whole EB immigrant visa application will be approximately 5.5 months from start to finish if all goes ok at our interview next week.

Edited July 3, 2023 by appleblossom

[appleblossom 2,483]

7 minutes ago, EB-2 said:

I'd like to reapply because I have a new document to submit and I saw some mistakes that the lawyer made.

Thank you, appleblossom. Do you have lawyers who specialize in work visas? I'll appreciate that if you suggest at least one. I'll call Victoria Chen for a consultation. 

 

Somebody above mentioned Googling your name - have you done that, and if so, what comes up? That was the very first thing our lawyers did before taking our case, as they said it's the first thing the immigration officer will do too. You'll need to be at the very top of your field (awards, published material etc) to qualify for EB2 NIW. 

 

Our lawyers were Fragomen if you want another opinion, but Chen is supposed to be excellent too, I've only heard good things. And they'll tell you if you have a realistic chance or not.

 

Just checking that you're not planning on carrying on working now? In all honesty, it would be much easier to go home. It took our lawyers 3 months just to put our case together, any decent application isn't going to be quick.

[Boiler 45,478]

Just now, appleblossom said:

EB2 was current until recently, so 6 months is perfectly feasible. Our whole EB immigrant visa application will be approximately 5.5 months from start to finish if all goes ok at our interview next week.

 

Suggests that you would have decided to adjust status pretty soon after clearing Baggage Reclaim. You may see mention of the so called 90 day rule when it comes to marriage cases, now USCIS does not have such a rule but DoS does.

 

I was just thinking of the practicalities, you come here on holiday and then think ohh maybe I will go through EB2 NIW, find a lawyer, have meeting with a lawyer, need all your documentation sent over etc etc. Prepare the I 140, submit the I 140, get refused the I 140. Sunbit the I 485, receive EAD, start working on EAD.

 

The one this we do not have a good grip on is the timeline

[Boiler 45,478]

2 minutes ago, appleblossom said:

 

Somebody above mentioned Googling your name - have you done that, and if so, what comes up? That was the very first thing our lawyers did before taking our case, as they said it's the first thing the immigration officer will do too. You'll need to be at the very top of your field (awards, published material etc) to qualify for EB2 NIW. 

 

Our lawyers were Fragomen if you want another opinion, but Chen is supposed to be excellent too, I've only heard good things. And they'll tell you if you have a realistic chance or not.

 

Just checking that you're not planning on carrying on working now? In all honesty, it would be much easier to go home. It took our lawyers 3 months just to put our case together, any decent application isn't going to be quick.

 

We are crossing paths, one of the common sayings here is that nothing in Immigration is quick and nothing on this thread suggests to me that the OP knows how to handle such a case. 

[EB-2 1]

I'm so worried right now and so busy with what my lawyer did. Of course, I congratulate everyone on July 4th.

[Boiler 45,478]

Just now, EB-2 said:

I'm so worried right now and so busy with what my lawyer did. Of course, I congratulate everyone on July 4th.

 

For losing?

 

We celebrate August 24th.

[appleblossom 2,483]

10 minutes ago, EB-2 said:

I'm so worried right now and so busy with what my lawyer did. Of course, I congratulate everyone on July 4th.

I'd forget what your lawyer did or didn't do. Frankly, you don't have time to waste on that.

 

You say you have one extra document to submit, but unless it's a Nobel prize, I'm struggling to understand how that will overcome all the reasons you've been given for rejection? You'll need a heck of a lot more evidence IMO.

Edited July 3, 2023 by appleblossom

[milimelo 4,477]

1 hour ago, EB-2 said:

Thank you very much to everyone who answered and wrote valuable suggestions about my situation.

Can you please tell me how not to overstay my legal stay in America?

My EB-2 NIW case was denied on 06/14/2023. How long do I have after a denial so that I can reapply and not overdue my stay in America?

How not to overstay? Depart on time.

 

What is your home country?

[EB-2 1]

Good afternoon to everyone who helped me, as well as to those who treat others badly!
I want to note that the great proverb says: “One of the basic laws of the Universe is not to cause evil even in thoughts.”
You have no idea how much you helped me. Because of your thoughts, I made the best decision. I appreciate all your time and efforts.
Thank you.