140PP第13天，刚收到USCIS的提示：
“On November 15, 2016, we began reviewing your Form I-140, Immigrant
Petition for Alien Worker , Receipt Numberxxx. We mailed you a notice
informing you of the action we intend to take on your case. Please follow
the instructions in the notice and submit any requested materials.”
请问这是NOID吗？
另请教eb1a的noid值得继续回复吗？
update:
IO: 0230 (还好不是0214， 否则就不用折腾了)
NOID理由：
1，审稿：虽然40+， 但都是常规工作，没有主编和comittee chair 之类的经历。
2， 文章虽然10片，但是给我写推荐信的同行都发了100多篇了，所以差远了。
3， 引用虽然131次，但是同领域的专家都几千次了，这压根就不是一个等级的。
律师对策：
We have reviewed the NOID, and it is challenging the Final Merits
Determination (FMD). To respond to this NOID, we will need to show that your
work is above and beyond that of other researchers in your field, that
others are implementing your work in their own research, and that you have
influenced your whole field. The main point that the NOID makes is that
there is a lack of objective, documentary evidence (i.e., evidence other
than letters) to corroborate the letters and prove the major significance of
your work. To prove that your work has been majorly significant, we can
submit the following types of evidence:
• We should plan to submit an updated citation record
• We should submit any evidence that your work is being implemented by
others. This could be things like licenses or contracts, collaborations,
technology transfer agreements, patent commercialization, clinical
guidelines, clinical trials, or emails asking for your work. Anything that
shows that others are using your work directly in their own will be helpful.
• You should also select about 15 independent citations (i.e., one in
which the citing and cited papers share no coauthors) to your work that have
implemented your research in a particularly significant way and describe
for us how and why those researchers have used your work. Then we will be
able to highlight these citations in the response to help show the officer
the actual implementation of your work, and prove that there is substance to
your citation record that justifies placing more emphasis on it. Please
note that we are much more interested in how your work was used than who
cited it. However, citations from industry, professional organizations,
government laboratories or agencies, etc. can be especially useful if they
have used your work in a meaningful way. To do this, you should create a
list of important citations. For each citation, you should provide the
following information: the citing paper, which paper of yours it cited to,
the quote where your work is cited, and a description of how they used your
work or the significance of the citation. Please also upload the actual
citing papers with the citation to your work highlighted.
• We should also submit any evidence that your work is considered
majorly significant by others. This could be things like articles or
commentary about you and your work, or awards you have won in the field, etc
. Please note that for USCIS to consider these to be good evidence, media
reports should not just be press releases or reprints of press releases on
aggregator sites like NewsRX, and awards need to be open to everyone in your
field, not just individuals at your institution or early career
professionals. We can also highlight citations to your work that have
appeared in literature reviews to show the importance of your work to other
researchers in your field.
• Letters-since of the particular time crunch for a NOID, we generally
do not have time to get additional recommendation or testimonial letters.
However, if you are able to quickly identify 2-3 recommenders who have cited
your work in an important way and especially anyone at a company who can
speak to their use of your work in their own enterprise, we will do our best
to draft those up.
• Finally, although we do not believe focusing on your conference work
itself is likely to help your response, can you please clarify if at any of
the conferences you attended you were a keynote speaker or were some sort
of special attendee?
Because we only have about a month to respond to the NOID, we do not have
much time to prepare new evidence and will need to work quickly. There are,
however, a few areas where you may be able to provide more information to
strengthen your case. Most helpful would be any additional evidence that
your work is being implemented by others. As noted, this could be things
like licenses or contracts, collaborations, technology transfer agreements,
patent commercialization, clinical guidelines, clinical trials, or emails
asking for your work. Anything that shows that others are using your work
will be helpful.
Finally, if you can think of any other evidence that might help set you
apart from a typical researcher in your field, please let us know. Please
note that USCIS will only accept evidence that existed at the time your
petition was filed, so we cannot submit evidence dated after your filing
date. This means that things like new publications or peer review work will
not be useful for the response.
Here is a quick outline of the timeline we should aim to meet:
November 14-NOID issued
November 18th-begin drafting letters (if any)
December 2nd-finalize most evidence to use;
December 6th-finalize response
December 6th-last day to receive exhibits at our office from you;
December 8th-Mail material to USCIS;
December 13th-NOID due to USCIS.
诚请各位大牛拍砖，看看这律师的对策需要哪些改进，并且胜算几何？
另外，我想再加一封现在博后老板的推荐信，证明我的工作给他从NIH 弄了1.8M. 但是
我现在的工作的内容在申请材料中没有claim, 这样一封推荐信会不会引起更多的问题？
诚谢了各位！
希望律师的对策对将来大家遇到此类情况会有所帮助。
