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Immigration Q&A - September 06, 2009 Q1: I-140 Upgrade from EB3 to EB2Hi, I was hoping you could tell me if I can upgrade my I-140 from EB3 to EB2. Is that possible? EB3 is taking forever and I know I can get green card quickly through EB2. Thx. Yes, not only is that possible but both the Nebraska Service Center and the Texas Service Center have both issued clear guidance for I-140 upgrades. Q2: Notice of Intent to Deny (NOID) Received in an EB1 Extraordinary Ability PetitionThank you for providing this service. I have filed an EB1 application through another law firm and have received a notice of intent to deny NOID. I have about 40 publications, 200 citations and 15 patents and review manuscripts for 5 international journals. I thought I had a good case but now I am not so sure. Is it possible to change their opinion of me and get my green card approved? First, let me state that USCIS is making all types of applications more difficult. That being said, there is no reason why your EB1 case should be denied. Your stated qualifications are greater than the majority of our EB1 clients and we can very likely get your case quickly approved. There are many reasons that could explain why you received a NOID. It could be that your qualifications were not presented well to the USCIS officer. It could be that your recommendation letters were poorly written or not from appropriate persons. It could also be that the USCIS officer made an error and/or is not familiar with the regulations or law. You should be aware that the USCIS allows 30 days to respond to a NOID, so you will have to act quickly to have your response filed. If you would like our assistance, please contact my office as soon as possible to avoid missing your response deadline. |
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The Messersmith Law Firm, P.C. |
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