MTL - Immigrant Visa Refused

[Mevora 11]

Hello,

 I had an appointment at US embassy for my immigrant visa but the officer refused my visa and asked me for my Resume & Master degree transcript. I need to present it. There wasn't any requirement though. She gave me two further letters. One including email to submit these two documents and the second page including that my case has been regressed. This is because I rescheduled my appointment, so it's not current. I went online & found this in the bulletin.

"The implementation of the above-mentioned dates will only be temporary, with the dates returning to Current status for October, the first month of the fiscal year 2019. "  My lawyer said it's not an issue and in September 2nd/3rd week, they'll announce the opening for October, so I don't have to wait much. My visa category is E1 which is generally always current.

 

Should I be worried?

[Cyberfx1024 7,980]

16 minutes ago, Mevora said:

Hello,

 I had an appointment at US embassy for my immigrant visa but the officer refused my visa and asked me for my Resume & Master degree transcript. I need to present it. There wasn't any requirement though. She gave me two further letters. One including email to submit these two documents and the second page including that my case has been regressed. This is because I rescheduled my appointment, so it's not current. I went online & found this in the bulletin.

"The implementation of the above-mentioned dates will only be temporary, with the dates returning to Current status for October, the first month of the fiscal year 2019. "  My lawyer said it's not an issue and in September 2nd/3rd week, they'll announce the opening for October, so I don't have to wait much. My visa category is E1 which is generally always current.

 

Should I be worried?

They didn't refuse it but they asked for more documentation. So give them what they asked for and it should be fine.

[NikLR 13,232]

EB1 generally have to submit what has been asked for from you.  

[Mevora 11]

2 hours ago, NikLR said:

EB1 generally have to submit what has been asked for from you.  

I think the officer doesn't have the authority to overturn the I-140 approval. Masters degree transcript doesn't seem to be relevant and with EB1 you've to submit a bundle of your achievement. I'll still submit & see what they say.

 

3 hours ago, Cyberfx1024 said:

They didn't refuse it but they asked for more documentation. So give them what they asked for and it should be fine.

Letter does says refusal & what they asked doesn't seems super relevant though

[Cyberfx1024 7,980]

23 minutes ago, Mevora said:

I think the officer doesn't have the authority to overturn the I-140 approval. Masters degree transcript doesn't seem to be relevant and with EB1 you've to submit a bundle of your achievement. I'll still submit & see what they say.

 

Letter does says refusal & what they asked doesn't seems super relevant though

Ok.... I obviously don't know anything so go about what your doing. 

[NikLR 13,232]

1 hour ago, Mevora said:

I think the officer doesn't have the authority to overturn the I-140 approval. Masters degree transcript doesn't seem to be relevant and with EB1 you've to submit a bundle of your achievement. I'll still submit & see what they say.

 

Letter does says refusal & what they asked doesn't seems super relevant though

They aren't overturning the I-140.  They're denying a visa.  Two entirely different entitities.  

 

If you read the letter you were provided does it have 221g anywhere?  Technically the visa is refused or denied until such a time as you provide them with the items they have requested.  Want the visa? Hand over the items.  

 

If you don't provide enough information as requested or refuse to do so,  I-140 is sent BACK to the USCIS who will either revoke their decision on the I-140 or approve it again, depending on information you provide them that the USCIS will ask for. 

 

Anytime you are in a career field in which may have an impact on national security, you're going to be asked for a resume and transcripts as necessary.  Obviously it wouldn't be relevant to a spousal petition but if I was a pharmacist or cellular biologist or chemist or physicist I would be asked for these items.  (I'm not any of those things but it has been reported here that people have been placed in administrative processing due to a request for these items.) 

[Mevora 11]

18 hours ago, NikLR said:

They aren't overturning the I-140.  They're denying a visa.  Two entirely different entitities.  

 

If you read the letter you were provided does it have 221g anywhere?  Technically the visa is refused or denied until such a time as you provide them with the items they have requested.  Want the visa? Hand over the items.  

 

If you don't provide enough information as requested or refuse to do so,  I-140 is sent BACK to the USCIS who will either revoke their decision on the I-140 or approve it again, depending on information you provide them that the USCIS will ask for. 

 

Anytime you are in a career field in which may have an impact on national security, you're going to be asked for a resume and transcripts as necessary.  Obviously it wouldn't be relevant to a spousal petition but if I was a pharmacist or cellular biologist or chemist or physicist I would be asked for these items.  (I'm not any of those things but it has been reported here that people have been placed in administrative processing due to a request for these items.) 

Certainly it make sense. Do you think it has more to do with the quota (priority date) or these two docs

[Mevora 11]

Also once I submit the docs, do they let me know that the visa has been approved & now I just have to wait for the date to be current or they have to wait for the date to be current before making a decision ?

 

[Ontarkie 14,445]

After submitting anything to Montreal it is a long wait to hear back. They take about 6 weeks on average. 

[Mevora 11]

On 8/18/2018 at 11:42 PM, Ontarkie said:

After submitting anything to Montreal it is a long wait to hear back. They take about 6 weeks on average. 

6 weeks is okay since my visa isn't current either and would be available in October. not in super rush. Do I've to followup or something or they'll just email me once they've received the docs

[Ontarkie 14,445]

1 minute ago, Mevora said:

6 weeks is okay since my visa isn't current either and would be available in October. not in super rush. Do I've to followup or something or they'll just email me once they've received the docs

They normally just send it out once all they want is met. I've seen a few posts lately that it's taking more like 8-10 weeks. Just hope for the best. 

 

[Mevora 11]

1 minute ago, Ontarkie said:

They normally just send it out once all they want is met. I've seen a few posts lately that it's taking more like 8-10 weeks. Just hope for the best. 

 

 

shouldn't be a major problem . Certainly earlier the better but that's what it is

[Mevora 11]

I sent it via snail mail. but she hand wrote a email below the paper. Was i suppose to send via email ?

[Mevora 11]

This is the response I received via email after submitting documents. Does it means the documents are all good and I just need to wait for the date to be current or they'll review the documents once the date is current? It's an EB1A Application & they asked for my resume + master transcript. When I go to CAEC website, it shows Admin processing but case updated date is today

 

Hello,

 

Thank you for your inquiry.

 

The Immigrant Visa Unit acknowledges receipt of the documents for you and your family.

 

We regret to inform you that since the time of your interview and with the recent submission of your outstanding documents and passports, visa numbers for your visa category are no longer available. The annual limit for your visa category has been reached and your visa category is oversubscribed. We are unable to issue your visa at this time.

 

We will inform you once visa numbers are available again possibly at the beginning of the next fiscal year.

 

Thank you for your cooperation.

 

We hope that this information is helpful in replying to your inquiry.

Please let us know if we can be of further assistance.

Edited September 4, 2018 by Mevora

[Mevora 11]

Can anyone look at the last post?