O-1 visa "Not on the System"

[MOtoCA 0]

I'm looking for anyone who has had a similar experience.

I am applying for an O-1 visa. I have a company sponsoring the visa as well as Immigration lawyers working with me.

My application was approved within 10 days of submitting it and all was going to plan. Until... I came back to London for my Embassy Interview and during the interview I was told that my application could not be found on their system so they could not approve my visa (understandably). They said I'd probably have a 1-2 week delay while they review my documents and confirm my application. I got a piece of paper with instructions but it didn't say what form it was... So not sure if it was a 221(g).

I talked to my lawyer and they said someone at the Kentucky Consulate Center probably didn't click a button and upload the application. The lawyers discussed my Embassy visit and said i did everything right and answered all the questions appropriately during the interview.

 

A month later, after being in additional processing, I get an email saying the Embassy are recommending my visa application be revoked and that it is being sent back to USCIS for review. I've accepted that there is a process and there isn't anything we can do until we hear from USCIS with the reason as to why it was sent back.

 

Has anyone else not appeared in the Embassy system when they went for the interview?
It has been 5 months since they said they were returning my application and we haven't had a single update. How long does it usually take to get back to USCIS?

 

Everyone keeps telling me to be patient and wait, but I can only do that for so long. I was supposed to be back in America on June 24th. But now it'll be some time in 2018 (if it eventually gets approved again).

[piff 46]

The Embassy has an ability to revoke any immigration petitions (not really revoke, but recommend for a revocation). Then USCIS has to either revoke or reaffirm their decision - it may take up to 12 months, unfortunately.

[MOtoCA 0]

4 minutes ago, piff said:

The Embassy has an ability to revoke any immigration petitions (not really revoke, but recommend for a revocation). Then USCIS has to either revoke or reaffirm their decision - it may take up to 12 months, unfortunately.

Thanks Piff.

Is that 12 months (Estimated) for the application to get back to USCIS? Or for the final decision from them?

I don't understand why it takes so long to get back to them, everything up to now has been electronic. The lawyers say we will get a notification when it arrives back, and then another one when they have a decision.

What is the possibility of it getting lost? I've accepted the overall 12 month timeline, but don't understand how it takes over 5 months to get back from London.

[piff 46]

1 hour ago, MOtoCA said:

Thanks Piff.

Is that 12 months (Estimated) for the application to get back to USCIS? Or for the final decision from them?

I don't understand why it takes so long to get back to them, everything up to now has been electronic. The lawyers say we will get a notification when it arrives back, and then another one when they have a decision.

What is the possibility of it getting lost? I've accepted the overall 12 month timeline, but don't understand how it takes over 5 months to get back from London.

Final Decision. There are thousands on cases like this - mostly from high fraud countries for marriage based green cards/fiancee visas.

[kris&me 572]

your case is not sent electronically

the packet is sent back in a high security embassy packet to the US

some embassies sent one daily / others once a week 

obiviously it doesn't take 6 months to arrive in the US but it does take at least that long for anyone to start viewing it as they have thousands and thousands of cases on each desk in each office to review and yours is just one of many

for the one person on VJ that  I know of who had a visa revoked and reaffirmed by USCIS, it took a total of 17 months before the case was ready for a new interview

what you go thru now is a new process with investigations into your claims of special abilities and education

even with the documents you provided, they now will investigate the validity of your education and experience to validiate them

and there are over 6 million new applications from citizens and employers a year so unforunately at this point you are back to the one of many stage

you say you have a lawyer,  he needs to start working for your case to move faster

 

my aunt came on O-1 visa and they carefully checked her documents of specialized training along with a homeland security check to work on Federal project here / it was almost 2 years to get it normally done

[MOtoCA 0]

32 minutes ago, kris&me said:

your case is not sent electronically

the packet is sent back in a high security embassy packet to the US

some embassies sent one daily / others once a week 

obiviously it doesn't take 6 months to arrive in the US but it does take at least that long for anyone to start viewing it as they have thousands and thousands of cases on each desk in each office to review and yours is just one of many

for the one person on VJ that  I know of who had a visa revoked and reaffirmed by USCIS, it took a total of 17 months before the case was ready for a new interview

what you go thru now is a new process with investigations into your claims of special abilities and education

even with the documents you provided, they now will investigate the validity of your education and experience to validiate them

and there are over 6 million new applications from citizens and employers a year so unforunately at this point you are back to the one of many stage

you say you have a lawyer,  he needs to start working for your case to move faster

 

my aunt came on O-1 visa and they carefully checked her documents of specialized training along with a homeland security check to work on Federal project here / it was almost 2 years to get it normally done

Thanks for the info!
 

It's just annoying that my visa could have been approved if someone had uploaded my application to the Embassy system in the first place. But who knows, this might have happened anyway. 

 

In terms of asking the lawyer to get the case moving faster- I've asked what we can do and he just says there isn't anything we can do, we just have to sit and wait to hear something. It was expedited initially so I'm hopeful that might help when it is eventually found in the US.

I've already been working for the company for a year on OPT, so it's already frustrating to not be there. 

[SusieQQQ 11,586]

3 hours ago, kris&me said:

 

my aunt came on O-1 visa and they carefully checked her documents of specialized training along with a homeland security check to work on Federal project here / it was almost 2 years to get it normally done

2 years for an O visa sounds excessive,  I'm assuming that was due to the security/Federal aspect. I have a friend here on an O visa for a private company and the process took a couple of months. 

[MOtoCA 0]

9 minutes ago, SusieQQQ said:

2 years for an O visa sounds excessive,  I'm assuming that was due to the security/Federal aspect. I have a friend here on an O visa for a private company and the process took a couple of months. 

Mine was supposed to only take a couple months. The application was expedited so we got the application approval within 10 days. But after the application wasn't uploaded I was disappointed that they didn't take any responsibility or offer to just restart the application as that would have been much quicker.

I work for a national sports federation so I would have thought that would have counted for something.

[SusieQQQ 11,586]

Just checked with my friend and it was actually just 3 weeks, the company paid the extra for the expedite. 

Sorry to hear you are having these hassles.. it does seem odd that they are doing it like this and USCIS giving you such a runaround - but I must say also it sounds like the attorneys don't seem to be doing much about it. Are they not used to dealing with O visas?

[MOtoCA 0]

12 hours ago, SusieQQQ said:

Just checked with my friend and it was actually just 3 weeks, the company paid the extra for the expedite. 

Sorry to hear you are having these hassles.. it does seem odd that they are doing it like this and USCIS giving you such a runaround - but I must say also it sounds like the attorneys don't seem to be doing much about it. Are they not used to dealing with O visas?

Agreed. It's an odd situation and hadn't heard of anyone else not being "In the System" at the embassy so thought I'd start a topic.

The lawyers are Specialist immigration lawyers and say they have dealt with situations like this before and there is nothing anyone can do, we just have to sit and wait to hear something. I thought they'd b able to do more but not according to them. 

[MOtoCA 0]

Update: My company has now terminated my contract as they couldn't wait any longer.

We waited for 7 months with no update from USCIS.

Is there any way I can contact USCIS to find out the reasons for my application being sent back? I'm applying for a couple jobs over there and may need to apply for another visa. The reasons would be very useful in order to get the next one approved.

The only reason we have been given so far is that "Someone in the Kentucky Consulate Center didn't upload your application so it isn't in the Embassy System".

 

I feel as though there has to be more to it than that?

Does this count as a denied visa, as the company cancelled the application without it reaching a conclusion?

 

Thanks for the help.