Hi, friends,
I filed a petition EB1-a by my own (as an Alien Artist with Extraordinary Ability) at the end of last year. The petition was accompanied by few supporting evidence at that time because some of my original materials, documents and translations were lost during a moving.
I applied EB1-a and H1-B at the same time for double reassurance. I was not sure whether or not my H1-B would be approved due to the big drop down of the number of H1-B visas last year. This was why I rushed to file an EB1-a petition prior to the expiration of my J visa, even without all support materials.
Then I re-collect all the evidence such as published books, art works, awards, articles and recommendation letters and the like. I mailed the evidence through a regular mail to USCIS. (I made a mistake on this mail, I mean, I should send my supporting materials using Certified mail.)
Last month, I received a denied letter form USCIS stating that:
“… all documentation submitted with the petition is the Chinese language and no English language translations were submitted. You were requested to submit additional information on xxx x, 2005, with English translations. At present no additional information including the translations have been submitted. …. In view of the above , the petition is denied. You may appeal this decision within 30 days from the date of this notice… If no appeal is filed within the time allowed, this decision is final.”
From the above, I realize that USCIS did not received my the supporting evidence for sure. I went to the post office to ask them to help me investigating the missing mail, but no outcome so far. Frankly speaking, I’ve been very saddened and even muddle-headed so that I did not appeal within 30 days since I did not notice the statement of the appeal time range. I am stupid, am not I?
Dear friends, I have following questions to seek advices from you:
(1) Can I still appeal this decision/case ?
(2) Can I fill a motion to reopen(re-file?) the initial case?
(3) Can I file a fresh petition? I mean, re-file a new EB1-a petition with the same supporting materials and documents?
(4) If re-filing the new petition, do I need mention the initial petition in this new petition?
(5) What are the differences among the terms ‘reopen’, ‘re-file’, ‘re-submit’ and ‘appeal’?
Have the same meaning between ‘reopen’, ‘re-file’, and ‘re-submit’?
Which one is best for my current situation?
(6) Do I need to hire a lawyer on my behalf for appeal/re-file/re-open, or still do it myself ?
I spent tremendous time and effort for preparing my materials and writing a petition and documents on this petition, I do not want give up.
Please kindly share you information and options.
Thanks a million in advance for your advices.
Emily
emilyliu_bj@yahoo.com