USCIS

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PHIROJ SHYANGDEN’S AFFIDAVIT IN SUPPORT OF I-140, IMMIGRANT PETITION FOR

ALIEN WORKER BASED ON EB-1, ALIEN WITH EXTRAORDINARY ABILITY

IN SUPPORT OF I-140, IMMIGRANT PETITION FOR ALIEN WORKER

FIRST EMPLOYMENT- BASED PREFERENCE (EB-1)
ALIEN WITH EXTRAORDINARY ABILITY

PETITIONER: SHYANGDEN, PHIROJ

I, Phiroj Shyangden, make this affidavit in support of I-140, Immigrant Petition for alien
Worker based on EB-1, an alien of extraordinary ability, specialty in the Arts (Singer and
Music Composer) field. I swear under penalty of perjury that the following statements are true to
the best of my knowledge
1. That I am the Indian citizen with Nepali origin. I was born on April 24, 1962 in
Darjeeling, West Bangal, India. I am married male, currently residing at…………
I came to the United States on September 04, 2009 on P3 visa which is valid till
December 26, 2009. (Please review copies of my Passport, U.S. Visa and I-94.
On Exhibit “B”)
2. I was born in Darjeeling, India which is eastern part of India. Most of population
if Darjeeling is Nepali origin. They speak same language, follow same religion
and culture is same with other Nepali people from Nepal. I grow up in Nepal. I
am a Singer and Music Composer and founder member of a very Popular Nepali
Musical Band, 1974 AD. I have been working in music field as a singer and
music composer since last 29 years and I have received some prestigious national
awards in Nepal for my extraordinary contribution in the music field.
3. National Level Performance:

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4. I started my music career since 1980. My first rock Nepali Concert was in May
18, 1985 with the band called “Dreamers,” in Darjeeling, India which was held
for the support of deaf and dumb school children. I also performed at “Dreamers
in Concert” at St. Joseph College Football Ground, Darjeeling, India on May 30,
1985. In July of 1985 I also performed at “Dreamers Phase II” in Kurseong,
Darjeeling, and Dreamers in Concert in Ghangtok, Sikkim, India.
5. In 1994, I formed a Nepali Rock Music Band, “1974 AD” with some of my close
friends. My first concert in Nepal with my Nepali Band “1974 AD” was held on
June 21, 1994. This music concert was organized by French Embassy for Nepal,
Alliance Francis on the occasation of the world music day. Our first public
concert in Nepal was held on August 30, 1994 at Tundikhel, Kathmandu, Nepal.
6. We also organized a rock concert by our band at Bhrikuti Mandap, Kathmandu,
Nepal on January 22, 1995. We also perfomed at Sano Gaucharan Concert in
Kathmandu in 1995. I have also performed many solo concerts in Major cities of
Nepal, such as Pokhara, Dharan, and Butwal in 1995.
7. I also performed at “Jamin 96” in Kathmandu at Mahendra Police Club in
October, 1996. I also performed in “School and College Tour from October, 1996
to November, 1996 with the theme, “Come Together.”
8. We also organized and performed in various rock shows at Dipendra Assembly
Hall, Pokhara, Palpa, a=Butwal, and other major cities of Nepal in 1996.
9. In 1997, we organized and performed at an exclusive Concert, “Sounds of
Springs,” at Soaltee Oberoy Hotel Nepal. We also performed at Patan Palace
Square Concert, Rock festival 97 with Nepali Legendary singers Om Bikram
Bista and Deep Shrestha on July 17, 1997.
10. In 1998, I performed with my band in various music concerts at Pokhara,
Narayangadh, Butwal, Bhairawa, Mahendranagar, Jhapa, Ilam during February,
1998 to April,1998. I also performed at indoor rock concerts at Royal Nepal
Academy on March 20, 1998 and “Royal Enfield,” Motorbike launching Concert
at Hyatt Hotel on March 1998. I also performed at “Sounds of Springs 1998.
11. I also performed at International Musical Concert at International Convention
Center, Kathmandu, Nepal in April, 1999. This concert was organized on the
occasation of Mahashivratri, Lord shiva Festival which goes uptill five continuas

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 days. I performed with various artists of Nepal and Japan. I also performed with
these artists at Lakeside of Pokhara and Bhrikuti Mandap of Kathmandu.
12. I also performed at “First Millenium Concert” which was done by our band at
Grand Hotel, Shangrilla Hotel in Kathmandu and Pokhara and outdoor concert at
Tundikhel Playgroung, Kathmandu, Nepal in 2000. We also performed several
concerts named, “Everest on the Rock,” in Nepal and India fom New year Eve of
2000 and September of 2000.
13. I also performed at “Rock fest 2001,” in Kathmandu, and Patan palace Square
Concert, at Patan. I also performed various musical concert in the months of
March, April, and May at Darjeeling, Sikkum Tour in India. I also performed at
“Dashain Fest,” at Jawalakhel Ground, Kathmandu during September to October
2001. I also performed at “Winter Fest,’ at GBBHSS College and at “Thamel
Winter Street festival,” on December 25, 2001.
14. We also performed at “1974 AD Night Live concert at Dipendra Assembly Hall,
in Pokhara on August 18, 2001.
15. International Level Performance:
16. Hong Kong, 2002, 2004, and 2009: I performed at our first abroad concert with
my band in Hong Kong in March and April of 2002.
17. USA, 2002 and 2003: I also performed in various concerts in our first U.S. tour
with our whole band members in 2002. We played at Opening Ceremony of
Association of Nepalese in Americas (ANA) Convention on July 04, 2002, in
Washington D.C. We also organized and performed in our public concerts in
Dallas, Houston, Denver, Los Angeles, San Francisco, New York, Boston,
Chicago, Nebraska, Atlanta, and Washington D.C.
18. During October to December of 2003, we also performed at “Carlsberg Rock
yatra,” in Kathmandu and “Everest on the Rock,” at Mahendra Police Club,
Kathmandu.
19. We became ICONED in 2003 at Hotel Radisson. I performed at “ICON 2003-an
exclusive show 1974 AD and Deepak Bajracharya on August 23, 2003. I
performed at one of my huge solo concert at “Rock Yatra Presents 1974 AD and
Phiroj Shyangden in Concert,” at Basundhara Park, Pokhara March 29, 2003.

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20. India: I also performed as my solo concert during Darjeeling Tour and Dashain
Fest in October of 2003.
21. I also performed at “1974 AD set to pioneer, April 16, 2003, Documentary
Launching Concert, “Unity” / 1974 AD Matches Success with Attitude, Concert
at Hyatt Regency, August 03, 2003, 9th Mahashivaratri World Music Festival, 15th
and 16th of August, 2003.
22. United Kingdom, 2003: .K. tour: 2003, October at Reading College, Ileang ,
Ilwich, organized by “Badmas,” London/ 2003 US tour ANMA-October 4 th, 2003.
Baumgaertner (BEC) Auditorium
23. A concert for the Flood Victims of Nepal in the Premises of UN, 2003.
24. 2004: Shikhar Light Music Concert,’ with “Party Nepal” in Kathmandu, Pokhara.
Nepali Rock Band in delhi, India, organized by Nepali Student Union in Delhi/
Mumbai “Rock fest” 2004.
25. 2nd Hong Kong Trip 2004
26. 2004 Dharan concert. (Western nepal0, Sikkim, Darjeeeling, Kurseong, October
2004.
27. Doha, Qatar, NRN (Non-Resident Nepalese) Regional Conference- My band and
my solo performance, “For Nepal by Nepal. 21st and 22nd January 2005.
28. Australia Tour- at the Gallic Club on Feb. 18 sydney, Melbourne 2005 feb.
29. Our Fth album releasing Concert in Kathmandu August 2005 / KEC Kathmandu
engineering college Rock Fest, October 2005, Concert with Ani Chhoeng at Patan
Museum 2005 Phiroj in MOX, 2005 September
30. Wave tour 05” Dharan shikhar Light Music
31. Unplogged show in Hyatt Regency on the presence of King Gyanendra and prince
Parash and princess shrutti
32. 2006: Nepali New year Celebration of Radio Nepal – 2000/2002 with various
artists.
33. Pathos Group of Hetauda organizes Rock Show of 1974 AD in 2006
34. Germany Tour: 1974 AD and My Solo Performance . My solo workshop about
Nepali Music and Culture in 2006, June 16-17, 19, East Germany/ West germany
2006 25th June Belgium June 27th 2006.
35. South Korea, 2006: 1st korea Trip-2006 October/novvember

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36. Mero Mobile Live-25th March 2006/Pokhara concert :Fight Hunger,” May 21,
2006. Bagmati River fest’ 2006 July
37. “phiroj Shyangden Tour-Darjeeling, Sikkim, India with Mantra Band December
2006
38. My first solo tour with in Nepal: Palpa-2007, Ocober, Butwal , Narayangadh,
Pokhara, Nov. 2007. Kathmandu, Tantra, Mox, Jatra (Thamel), Maroon Launge,
Thamel, December, 07
39. Unplugged at Patan Museam 1994-2008. 14 years of music on 22nd March 2008
40. My solo performance at Durga Bhawan, Phiroj on May 16, 008 solo tour Palpa,
June 09, dharan june 14, Kathmandu at Phiroj Himalayan Java on 17 th July 09-
Phiroj
41. Phiroj and Deepak Bajracharya- ANMA Convention (Nepali) in North Carlina-5th
September 09-Phiroj Solo. Denver: September, 6, 09 Phiroj and Meera Rana.
Dallas at UTA Nepali Cilture Night at University of Texas College on September
2009.
42. Phiroj and Meera rana: Houston Lone Star Nepali Night: Sept. 09. New York:
Nov. 7, 09 Queens Palace/ November 14, 09- at Phiroj shyangden Rocking, solo.
San Francisco at Berkely-white zone Nov. 27 Phiroj Solo; Shyangden night
43. Former director of Radio Nepal: Meera Rana.
44. Sikkim and darjeeeling Tour of My band in 2001. Sikkim: Naamchi, Jorthang,
Gangtok, Darjeeling (kersong)
45. I also performed at Rock fest 2001,”

46. I am the social worker, writer, researcher, trainer, consultant, and education expert
of Nepal and have been associated with the educational field for a long. I have
received some prestigious national and international awards and or appreciation in
the field of education, specialty in passing on my valuable knowledge mainly for
curriculum development, monitoring, evaluating, improvement, integration of
community schools and revision of the non formal education projects of various
NGOS and INGOS. I have sustained national and international acclaim as an
educational expert for my worthy contribution in creation of well developed
society and for my innovative and creative thoughts in educational sector and that

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 have allowed me to rise to the top of my field as an educational expert. The
following list of some of the appreciation or recognition and recommendation
letters of the esteemed organizations along with prompt evaluation of the experts
in this field would support my claims ( Exhibit-B):
Awards

a. Image Award 2005, Best Rock Song

b. Hits FM Music award 2005, Best Performance by Group or Duo with Vocal
c. Image Award 2004, Best song with National Feelings
d. Hits FM Music Award, 2004, Best Performance by Group or Duo with Vocal
e. Hits FM Music Award, 2002, Best Performance by Group or Duo with Vocal
f. San Miguel Music Award 2000, Best Performance by Group or Duo with
Vocal
g. Hits FM Music Award 2000, Best Performance by Group or Duo with Vocal
h. Kantipur FM Annual Award 2001, 2002, 2003, and 2004, Most air Played Song
i. First Prize on National Level Folk Song Competition organized by Nepal
Television on July 07, 1986.

1. Material published about you in major trade publications or other major media. The
material must concern your work in the field. Publications could range from
journals specific to your field, like The Journal of Otolaryngology, to major
newspapers, like The New York Times. You are not limited to print; a story about
you on "60 Minutes" might also fulfill this requirement.
a. The Himalayan Times national Daily, Kathmandu, Nepal, December 11, 2002,
“New Voice to ’74 Sound”
b. DATE AND NEWSPAPER?“Phiroj is always Welcome,” comments of one of
band member of 1974 AD, Nirakar Yakthumba, after Phiroj left the Band
c. Samachar Patra National Daily, Kathmandu, Nepal, March 29, 2003,
“Rockyatra rocked Pokhrelis,”
d. The Himalayan Times National Daily, August 03, 2003, “1974 AD Matches
Success with Attitude,”
e. The Himalayan Times National Daily, December 12, 2002, “The Yatra in
Kathmandu,”
f. The Himalayan Times National Daily, March 23, 2003, “Pokhara Set to Rock
with 1974AD.”
g. Kantipur National Daily, December 12, 2002, “Preparation of Rock Yatra is in
the Final Stage.”
h. Nepal Samacharpatra, March 25, 2003, “Preparation of Rock Yatra.”
i. The Himalayan Times National Daily, August 24, 2003, “Icons Play to Packed
House.”
j. The Himalayan Times National Daily, December 02, 2002, “Journeying with
the Beat.”
k. City Post, Date and Newspaper? “1974 AD Enthralls Germany.”

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 l. The Himalayan Times National Daily, December 12, 2003, “The world is their
Oyster.”
m. The Samacharpatra National Daily, May 16, 2003, “1974 AD is Returned.”
n. Date and Name of Newspaper?“ Not Football (soccer) but Paraphit of Music.”
o. The Shorthorn, September 15, 2009, “Nepali Cultural night rocks the
Rosebud,”

2. Serving as a judge of others in your field either individually or on a panel. Sitting

on the Nobel Prize Committee would fulfill the requirement, as would participating
in the peer review process of a scientific article or acting as a member of a thesis
review committee.
a. Judge, National Level Fold Song Competition conducted in Radio Nepal on
January 11, 2003.
b. Chief Judge in National Level Children Singing Competition conducted by
Nepal Television on July 17, 2003.
c. Chief Judge for Inter College Singing Competition organized by Pashupati
Multiple Campus, Kathmandu, Nepal January 9, 2004.
d. Judge on the National College Level Singing Competition held on July 16,
2005.

Recognition letters of the organizations

A. Recognition Letter from Radio Nepal, Kathmandu, Nepal, dated December 01,
2009.
B. Recognition Letter from Nepal television.
C. Letter of Appreciation from New York Nepalese Youth Club, New York, dated
November 23, 2009.
D. Letter of Appreciation from Nepalese Student asoociation at UTA, Texax
E. Letter of appreciation from Indreni Cultural Association, texas
F. Letter of appreciation from kantipur FM
G. Moon Light records
H. Nepali Consular office, New York

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3. base its judgment of your contribution on the letters of support that others in the
field submit. So letters from recognized authorities in your field who consider your
contributions original and significant will satisfy this requirement.
a. Certificate of Appreciation from Gyanodaya Bal Batika Higher Secondary
School, Lalitpur, Nepal to Mr. Phiroj Shyangden for his outstanding
contribution as a music teacher, dated April 30, 2001
b. Letter of Appreciation from Mr. Bimal Gurung Assembly Member of
Darjeling, India dated November 10, 2005 to Mr. Phiroj Shyangden
c. Letter from Image Channel Pvt. Ltd. Explaining Mr. Phiroj Shyangden’s extra-
ordinary personality in music, dated January 11, 2009
d. Letter from Santana Records, Kathmandu, Nepal explaining Mr. Phiroj
Shyangden’s extra-ordinary personality and lead –member of his band 1974
AD.
e. Letter from Nepal Handicapped Association, dated October 01, 2001.
f. Letter from Helpnepal.org dated September 02, 2003.
g. Letter from The Association of Nepalis in the Americas (ANA) dated April 25,
2002.
h. Letter from Bandi Development Libraby, Central Jail, Kathmandu dated May
02, 2002
i. Recognition of “Nepali Personality of the Month for November 2009 from
DFWNepal.com, Texas, USA
j. Thank you Letter from Maiti Nepal, an internationally recognized women’s
organization in Nepal, dated April 11, 2003.

4. concerning your work rather than material written about you by others, as is the
case with standard 3 above. Again, the publications can range from major trade
journals to mass media. Although the regulations refer specifically to "articles,"
other forms of publication such as visual media should fulfill this requirement.
a. First Solo Musical album, “Phiroj Shayngden,2008”
b. “Best of Phiroj Shyangden,” released on 2009.
c. Various Music Videos released in 2005, 2006, and 2007 with his band 1974
AD.
d. “Time Out-1996”
e. Samjhi Baschhu-1998”
f. Stabdi-2001
g. Jungi Nishan-2002
h. Limited edition-2002
i. Pijadako Suga- 2004
j. On air-2007
k. Concerts:-
1. National Tours:-

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 Kathmandu, Pokhara, Dharan and Narayangarh (more than 100 concerts
including Rock Yatra in Dec. 14, 2002)

2. International Tours:-

United States of America in 2002 and 2003 (Washinghton DC, San

Francisco, Minnesota, Los Angeles, Denver, Dallas, Houston, Indiana,
Chicago, North Carolina, Las Vegas, Atlanta, New York, and Boston.

England -2003

Australia-2004 (Sydney and Melbourne)

Hong Kong – 2002and 2003

Doha- 2004

India- 2001-2005 (Darjeeling, Kalimpong, Sikkim, Assam, Delhi, Mumbai,

and Pune)

5. Commanding a high salary in your field. The regulation requires that your salary or
remuneration be high in relation to others in the field, so a teacher need not make
as much as a professional football player.

Satabdi / Centaury. 2500 CDs is highest selling-sold out more than 3500 CDs

Cassettes: more than 125000…… based upon Nepal.

Appreciation letters of Experts

A. Raju Lam, an extraordinary Nepali Singer and Musician

B. Roshan Gurung, An Extraordinary Nepali singer and Musician
C. Chhewand Norsang, M.D and a popular Nepali Musician
D. Ramkrishna dhakal, famous Nepali singer
E. Deep shrestha, Legendary Nepali singer
F. Chandra Prakash Sharma, CEO Moon Lights records.

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 C. ………., Nepali Consular office Shrestha, Advisor-Human Rights
Organization Nepal- HURON, Former Honorable Member of National Human
Rights Commission Nepal, appreciation letter, 2005.
D. Prof.Kaushal Raj Regmi, Former Vice President, Higher Secondary Board
Education, Ministry of Education, appreciation letter 2005
E. Mr. Thakur Man Shakya, Founder President, National resource Center for
Non-formal Education, Nepal, appreciation letter 2005.

47. That I am an active member of following prestigious organizations, educational

institutions, literary associations and other organizations in the field, which
require outstanding achievements of their members. (Attached documents-
exhibit-C)

A. I am an executive member of Nepal Aunbrat committee (Peace through

education), Kathmandu Nepal since 2004.

B.I am the founder secretary general Nepal Poland friendship (NPFC) since 2004.

C. I am the alternate member (Executive board) of World Federation of UNESCO

Clubs Centers and Association (WFCCA), Paris since 2003.

D. I am the founder member of a watch Group-“Education for All-2015” since

2003.

E. I am the center member of Federation of National Cottage and Small Industries,

since 2003.

F. I am the founder member of Youth Network for Peace Building, Spain, 2001.

G.I am the founder member and the president of Youth UNESCO Mobilization
Association (YUMA) Nepal since 1998.

H. I am the secretary General of National Federation of UNESCO clubs centers and

association in Nepal (NAFUCAN) 1972, since 1991.

I. I am the Founder President of Damauli UNESCO club, TXXX, Nepal since

1990.

4. That many authors and media organizations referred my educational projects,

research work, contribution and creative ideas for their research and inscribed about my
works in their publications at many times. The following is the list of examples which
indicate that how my projects and research were referred, cited and honored by leading
authors in their research titles published in nationally and internationally circulated

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scholarly journals/books/magazines and dissertations: (detailed piece of articles are
attached as Exhibit-“D”)

A. An article published in the CUNEO daily, Italy dated March 16, 2005 detailing
my educational career as educational expert.

B. A memorandum published by Nepal Poland Friendship Council, dated May 2,

2004, detailing my role and contribution as Secretary General of this Institution.

C. News published in Gyanodaya Bulletin, dated June/July 2003, detailing my

expression about cultural diversity and its implications on LDCS.

D. An article published in a souvenir, by Nepal Poland Friendship Council dated

2001 detailing my contribution for foundation Nepal Poland friendship council in
Nepal.

E. A brief note published in a national daily- The Kathmandu Post, dated July 2,
2001 describing my organizational and leading capacity in the international
children art project.

F. A note published in UNESCO Nepal Bulletin dated March 1999, describing my

pivotal role in UNESCO Clubs in Nepal.

G. Various news and notes randomly published in National dailies and international
magazines about my contribution in education field.

5. That I worked as a judge and expert to evaluate the educational programs and
trainings in a number of occasions. Enclosed please find a copy of the document which
represents that I have acted as a judge of the work of others: (Exhibit- “E”)

A. Served as judge in third inter high school essay competition, East Pole secondary
High School, Jorpati Kathmandu, Nepal, December 2003.

B. Supervised as a judge to select the unprivileged children for one year scholarship
program for technical training, UCEP Nepal since 1998 to 2005.

6. That I made major contribution in the field of education by sharing my views in

national and international seminar and publishing out the bulletins and souvenirs. The
following evidence indicates that some of my works are to be considered pioneering:
(Exhibit-F)

International Seminars

A. Coalition for community School, Chicago, held on March 9th- 11th, 2005.

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 B. 23rd session of Executive Board meeting of World Federation of UNESCO Clubs,
Centers and Association, VINCI, Italy, from 27th feb-3rd march, 2004.

C. Educational Conference, Poland, April 1st -2nd, 2004.

D. Exhibition Program, Program, Apr. 3rd- 5th, 2004.

E. Special Congress of World Federation of UNESCO Clubs, Centers and Association,

September 3-9, 2003.

F. Associate School Project (ASP) and Center for International Understanding-National

Commission for UNESCO- Educational Exchange Program, Bangkok, Thailand, 2003.

G. Youth Encounters for UNESCO CLUBS and ASSOCIATION, May 2001.

H. World Expo, Human Kind, nature and technology, organized by World

Federation, 2000.

Bulletins and souvenirs

A. Gyanodaya, (Editor/Advisor) Bi-monthly bulletin: 2002, 2003, 2004, 2005.

B. Nepal Poland Friendship Souvenir: 2004.

C. UNESCO Nepal Bulletin: 1999-2001.

7. That I published many articles on contemporary issues of education of Nepal, in

national newspapers and magazines. Name of some of my articles are given below and
copies of the same are accordingly attached: (Exhibit-G)
A. Interview as an expert, Gyanodaya Community Learning Center bulletin, 2004.
B. Tourism in Nepal, Nepal-Poland Friendship Council Souvenir, 2004.
C. Community Learning Center: challenges and perspectives, Published by UNESCO
Federation, 2003.
D. An introduction to UNESCO, UNESCO Federation in Nepal, 2002.
E. Importance of Non Formal Education System in literacy and Development, UCEP/
Nepal, 2002.

8. That I performed a leading and ambivalence role for many organizations and schools,
and or establishments and overall development of many institutions, which is described
as follows: (Exhibit-H)

A. Human Rights Organization, XXXX, Coordinator, USA, 2005.

B. Education for All-2015, Watch Group, Founder Member, 2005.

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 C. Nepal Poland Friendship Council, Founder Secretary, 2004.

D. Youth Network for Peace Building, Spain, Founder Member, 2001.

E. Youth UNESCO Mobilization Association (YUMA), Nepal, Founder President, 1998.

F. Group of Environment, Awareness and Research (GEAR), Founder Member, 1996.

G. Damauli UNESCO Club, Nepal, Founder President, 1991.

H. National Federation of UNESCO Club in Nepal, Founder Member, 1990.

9. That from the above, I believe that I made an outstanding contribution to educational
field of Nepal that I myself have distinguished as an expert of outstanding ability.

10.That on the basis of my original contributions of ongoing value to the music field as a
singer and music composer and novelty I have created to date, I have every expectation
that I will continue to work in the same field in the U.S. and I believe this will
substantially enhance to the U.S. diversity and culture…Nepali community in the U.S.. I
believe that the above grounds are more than enough to classify me as alien of
extraordinary ability.

11. That upon necessary, I will submit additional documents- that are now in Nepali
language- during further procedures of this petition.

12. That for this petition, I want to be represented by Mr. Dilli Raj Bhatta, Esq. of The
Bhatta Law firm, P.C.
WHEREFORE, I respectfully request that the petition be approved.
……………………………………
Shyangden, Phiroj

Sworn to before me on this

17th Day of December, 2009

__________________________

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Dilli Raj Bhatta, ESQ.

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