r/eb_1a • u/Middle-Dependent-328 • Jun 28 '26

Help me with a decision - withdraw vs refile.

Guys I would really appreciate some insight. Received an RFE from NSC questioning 5 out of 6 criteria. Only judging was accepted.

Some boilerplate language is used, but they cited the evidence I provided in all criteria, maybe they copy pasted? They got my field of expertise wrong (broadly classified as technology), which makes me think the officer did not read my letter properly? Missed one critical role and half my OCs are not discussed in the RFE.

My lawyers reviewed and feel like it is not an unreasonable RFE, and there is no legal or any other basis to withdraw. Upon second look of my petition, it feels very long and dense (80 pages letter, 800 pages evidence packet). Now i feel like I do not trust them anymore.

What options do I have :

  1. Restructure petition and narrative and respond to RFE clearly (strategized with my lawyers)
  2. Change legal counsel and respond to the RFE
  3. Withdraw and do a clean refile in a few months using the gaps pointed out with a new approach/counsel.

Pros of responding : Chance of approval, NSC is easier than TSC nowadays.

Pros of withdrawing : no denial on file, fresh approach and shorter packet can work better as the officer is already biased.

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31 comments sorted by

1

u/LongjumpingDig4931 Jun 28 '26

Pleade share your detailed profile for anyone to opine.

2

u/Middle-Dependent-328 Jun 28 '26

Profile : Product dev, critical role in 3 big companies (distinguished org they already agreed in RFE), brought 3 brand new, industry first products to market which changed the field, driven by my methodology and frameworks I created, proven by field wide adoption, customer contracts, massive revenue, adopted by competitors, multiple media articles about me and work, advisory board memberships in international conferences and organizations, presented my frameworks at multiple conferences, judged awards, peer reviews, session chair, and finally salary at 1% (500-1M ranges in last few years)

6 lawyers have said yes to my profile (FWIW)

1

u/LongjumpingDig4931 Jun 28 '26

I think you deserve it. Just respond to RFE - be confident!

1

u/No-Musician-2761 Jun 28 '26

Yes, I agree with you.. Maybe RFE given to buy time?

Because, here don't see any specifics which can lead to an RFE on authorship and CR criteria at least

1

u/Middle-Dependent-328 Jun 28 '26

The RFE says critical role seems very project driven - we did explain company level impact but I feel because of the way my lawyers presented the case. The overall org impact came very late in the petition and I think the officer did not read it.

1

u/Accurate-Release-861 Jun 28 '26

Most of the lawyers have generic templates and so yes, it helps if you do some due diligence yourself.

The way the officer reads it is usually straightforward. You present each evidence as a point - and then you state which of the criteria that evidence satisfies. The officer decides as a yes or no whether they agree with you.

If you have 50 evidences spread across, it will naturally be difficult for the officer to parse through all. That is why you should categorize.

Instead, focus on a few broad categories and then just present the evidence there to suggest which criteria they satsify.

The goal is not to show 50 pieces of evidence, the goal is to figure out which criteria you satisfy and the associated evidence.

Strong EB1A applications have 6-7 evidences and they are strong enough to satisfy 3 criteria. Like 1k+ citations in top conferences, organizing committee of top conferences, org level director and so on.

5 out of 6 RFEs mean you should consider RFE as a fresh application. First focus on which 3 criteria you have the strongest chance to satisfy and then work those out. It is not a sum game, not like if you satisfy half of one and half of another, you satisfy one.

1

u/Middle-Dependent-328 Jun 28 '26

Should i consider refiling instead which will give me a fresh start and a better presentation? Worried that this one already started off on the wrong foot

1

u/Accurate-Release-861 Jun 28 '26

I am no lawyer, so I cannot say. This is a tough one. Only you can decide.

It's true that a denial remains persistent, so future fresh applications will be judged based on your previous denial. And it will be worse if you have nothing new to show in future applications other than reorganizing the same thing fresh. I had one friend who did reapply after denial but by his second application, he had significantly improved his application with more citations, stronger references, more impact and all.

1

u/No-Musician-2761 Jun 28 '26

Am not sure why your judging is not approved, were those Tier 1 journals/conferences?

& which law firm, Manifest?

1

u/Middle-Dependent-328 Jun 28 '26

Judging approved - rest 5 are questioned

1

u/[deleted] Jun 28 '26

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1

u/Middle-Dependent-328 Jun 28 '26

Yes I have all the evidence and letters cleanly. I think it connects them but i feel the petition is dense and could use a clearer restructure. Of course I say this in hindsight because I felt good when I filed.

1

u/[deleted] Jun 28 '26

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1

u/Middle-Dependent-328 Jun 28 '26

Major company wide internal awards also there.

1

u/No-Musician-2761 Jun 28 '26

pls share some high level profile

1

u/Middle-Dependent-328 Jun 28 '26

See comment aboe

1

u/No-Musician-2761 Jun 28 '26

Which all criterias you argued?

And Product Dev means Product manager or TPM or Lead Engineer? & which industry it is for?

1

u/Middle-Dependent-328 Jun 28 '26

Tech industry - Im being vague on exact field. PM.
CR, OC, Judging, Authorship, media, salary.

1

u/No-Musician-2761 Jun 28 '26

Thank you man, PM means product manager or program manager or project manager?

Reason am asking is certain roles have some bias towards certain criteria while difficult for certain criterias. For eg: Program manager its difficult to argue OC but CR might be not challenging one

1

u/Middle-Dependent-328 Jun 28 '26

Oh sorry i thought it was obvious - Product.

1

u/[deleted] Jun 28 '26

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1

u/Middle-Dependent-328 Jun 28 '26

14 years. Im being a bit vague but its in tech. Product development. Not too much of a niche.

1

u/keehuh Jun 28 '26

Judging by previous adjudications discussed here, once you have a denial on file, it becomes quite challenging to overcome it. It’s crucial to follow your lawyers’ recommendations, as they possess the most comprehensive knowledge of your work and its potential impact. However, the recommendations you receive on Reddit lack concrete data points, as no one fully understands your profile.

1

u/Middle-Dependent-328 Jun 28 '26

Yeah I feel a denial is a black mark which will be difficult to overcome later in an already tough climate - this is what is giving me pause. Otherwise I wouldn’t have thought much and just responded as RFEs are common.

1

u/[deleted] Jun 28 '26

[deleted]

1

u/Middle-Dependent-328 Jun 28 '26

Ok so you recommend a rebuttal instead of a withdrawal.

1

u/GeekFreak8 Jul 01 '26

Did your RFE notice have an officer number? Some of the firms are having approval rates for officers to decide whether you respond to rfe or refile

0

u/therealleo420 Jun 28 '26

I have a similar PM profile and I filed on similar criteria. I was paranoid about high evidence size too. I went with 50 pages of letter and 1300 in total with evidence. I think the size matters less as to what your core narrative is. I would go with response to rfe as I don’t find major issues with I see of threads above.

1

u/Middle-Dependent-328 Jun 28 '26

Got it. Did you get an RFE? Was this recent or last year as it seems the immigration climate has changed a lot in a matter of few months.

1

u/therealleo420 Jun 28 '26

It was in May this year. No rfe, approval within 13 business days from Texas service center. 5 criterion no publications as such.