O-1 Visa, Petition returned to USCIS

[kkvt]

Dear All,

I had my O1 interview on Oct 15th ,2012 and got 221G adm process notice.On Dec23,2012,I got my passport along with a letter says that my petition has been returned to USCIS for reconsideration and possible revocation. My petitioner contacted USCIS but they claim that they have not yet recieved the files.

It seems even my lawyer does not know forsure how long it will be.

Is there help I can enlist to speed up this process? Thank you very much!

[pontevecchio]

Based on anecdotal evidence you are looking at 9-12 months for a decision. You could try contacting the firm of Murthy and discuss the whole scenario. It may be that another O petition may need to be filed with more facts to overcome the reasons why the current one is being sent back.

[kkvt]

Thanks pontevecchio! However I didn't get the reason from the consulate for their returning of my petitionm. Moreover, the US consulate did not contact me requiring any addtional materials. They just did it.

[Guest Noah Lotte]

likely the petition was returned because the Vo felt that your skills, whatever they might be, did not rise to the level of 'outstanding' in your field (which is what the 'O' stands for)..what was your specialty?

[kkvt]

The returned case reached USCIS on Feb 25, however, there is no update after 2 months. My lawyer called USCIS and was told that the case has been assigned for review. Please anyone can suggest that how long it still need? Thanks.

BTW:it's strange that neither me or my petitioner got any notice every since the case had been returned. I found my case was back to the US through USCIS website. WHat's going on there?

[Attorney_23]

The returned case reached USCIS on Feb 25, however, there is no update after 2 months. My lawyer called USCIS and was told that the case has been assigned for review. Please anyone can suggest that how long it still need? Thanks.

BTW:it's strange that neither me or my petitioner got any notice every since the case had been returned. I found my case was back to the US through USCIS website. WHat's going on there?

That's generally not a good sign. It's certainly possible that you'll get a positive response in the near future, but I wouldn't count on it.

[kkvt]

Thanks Attorney_23 for your reply. I got confused somehow. Would you please explain a little bit what kind of "no good" stuff this sign could lead to? and why there could be a positive response? Thank you again in advance.

[kkvt]

@Noah sorry I just noticed your reply. I am a power electronics specialist working in the area of energy conversion

[Attorney_23]

Thanks Attorney_23 for your reply. I got confused somehow. Would you please explain a little bit what kind of "no good" stuff this sign could lead to? and why there could be a positive response? Thank you again in advance.

Petitions returned to USCIS are frequently revoked.

[kkvt]

@Attorney_23 : Thanks for your reply. Could you make a guess for how much chance to get it reaffirmed? Any steps we should take that you can suggest? My petitioner (a state agency)contacted a US senator and hoped his office could help. The Sen's office sent two letters requesting for the access of consulate comments and possible expediate processing. However, USCIS didn't give any feedback regarding these two letters.

[Attorney_23]

@Attorney_23 : Thanks for your reply. Could you make a guess for how much chance to get it reaffirmed?

Without reviewing the petition, I can't provide any input as to the strength of the case, etc.

Any steps we should take that you can suggest?

You may be better off filing a new petition; or, there may be other options. but I would need much more information to be able to really guide you on this. You should speak with your attorney. Or, if you would like a second opinion from an attorney at the Murthy Law Firm, I suggest you schedule a consult:

How to Schedule a Consult

[Attorney_25]

USCIS will send a notice of intent to revoke the petition. In my experience, this could take up to a year. It seems USCIS is no longer responsive to Congressional inquiries on this issue. Having a new petition filed may speed up the process of issuance of the notice of intent to revoke, and then the petitioner can respond to whatever is listed as reason for revocation in the notice. It's unlikely for the new petition to be approved until the old petition is dealt with appropriately. You're best off having a qualified immigration attorney experienced in O-1 issues to deal with the notice of intent to revoke.

[kkvt]

Thanks @Attorney_23 and Attorney_25. I do have my university in house lawyer helping me tracking everything. My IGA waiver is still pending so I have to wait for this O1. I don't know why we didn't get NOIR or NOID two months after the case reseach USCIS. I am trying to guage the time for the case staying in USCIS.

[okman]

Hi kkvt,

 

Just wondering if you have any updates regarding your case?

 

Also, do you have any idea why the consular officer returned your petition to USCIS?

 

According to the State Department Foreign Affairs Manual, the consular officer can't do this without specific evidence of fraud, misrepresentation, etc. in your petition. He can't just disagree with the DHS that your qualifications are not enough for an O-1:

 

9 FAM 41.55 N8.4a : You may not question the approval of O petitions without specific evidence, unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status.

 

9 FAM 41.55 N8.4b : Disagreement with DHS interpretation of the law or the facts, however, is not sufficient reason to ask DHS to reconsider its approval of the petition.

 

9 FAM 41.55 N8.5 : Refer cases to USCIS for reconsideration sparingly, to avoid inconveniencing bona fide petitioners and beneficiaries and causing duplication of effort by USCIS. You must have specific evidence of a requirement for automatic revocation, material misrepresentation in the petition process, lack of qualification on the part of the beneficiary, or of previously unknown material facts, which might alter USCIS’s finding before requesting review of a Form I-129, Petition for a Nonimmigrant Worker, approval.

[O1visaapplicant]

Hi KKVT, 

I would like to know if you would be able to post what was the final decision on this case? I was issued a 221 g a month ago on O1 and have not heard back.  It would be really helpful if you can provide the final outcome of this case?

Thank you