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okman

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About okman

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  1. 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.
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