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Lysam

Future O1 visa applications after green card denial (I-140)

By Lysam in Work Visas

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fs2439 Collaborator

fs2439   46

Posted
Filed: O-1 Visa Country: Brazil
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Posted
On 4/24/2019 at 10:22 AM, Lysam said:

It was an O1b visa (for artists). The reason for the EB1 denial was that I wasn't quite accomplished enough to satisfy the EB1 standard. 

 

Here is a very encouraging extract from the Foreign Affairs Manual:

 

"DHS has determined that the approval of a permanent labor certification or the filing of a preference petition for an alien shall not be a basis for denying an O-1 or O-3 petition, a request to extend such a petition, or the alien’s application for admission, change of status, or extension of stay.  The alien may legitimately come to the United States for a temporary period as an O-1 or O-3 nonimmigrant and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States."

 

(My emphasis. Source: https://fam.state.gov/fam/09FAM/09FAM040213.html)

Thanks gor this reply

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Lysam Rookie

Lysam   0

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Does the denial of an EB1 petition count as a "visa denial" for the purposes of an ESTA (visa waiver program) application?

 

My understanding is that a petition denial is NOT the same as a consular visa denial, but I would be grateful if someone with direct knowledge of this could confirm. I have been unable to find an answer on the internet. Thank you!

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
2 hours ago, Lysam said:

Does the denial of an EB1 petition count as a "visa denial" for the purposes of an ESTA (visa waiver program) application?

 

My understanding is that a petition denial is NOT the same as a consular visa denial, but I would be grateful if someone with direct knowledge of this could confirm. I have been unable to find an answer on the internet. Thank you!

1 hour ago, Lysam said:

I found a good answer -- a former consular officer wrote this on Quora: "A petition denial is not the same as a visa refusal."

 

Just as I thought.

Correct. A petition is not a visa application.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
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Posted

Another point: i140 denial is not a green card denial either unless i485 was also denied based on denied i140 in case of con-current application.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted
5 minutes ago, Lysam said:

Arken, thanks for the reply. My lawyer definitely filed the I-140 but I'm not sure about whether he also filed I-485. Is there a way to find out if an I-485 was filed without going back to the lawyer? 11 years have passed and I doubt he'll remember. 

Your lawyer would have you sign the i485 and ask for birth certificate, 5 year address history like that. If those weren’t asked, i485 was not filed for sure.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Lysam Rookie

Lysam   0

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I managed to get hold of the old I-485 form and it lists a medical examination as an essential requirement (unless the applicant is a refugee, which I wasn't).

 

I am 100% sure I did not undergo an immigration-related medical examination. Therefore no I-485 form was filed on my behalf -- right?

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
39 minutes ago, Lysam said:

I managed to get hold of the old I-485 form and it lists a medical examination as an essential requirement (unless the applicant is a refugee, which I wasn't).

 

I am 100% sure I did not undergo an immigration-related medical examination. Therefore no I-485 form was filed on my behalf -- right?

The medical exam (completed I-693 really) isn't actually required until approval (many bring it to the interview).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Russ&MaryAnn Enthusiast

Russ&MaryAnn   110

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted
1 hour ago, Lysam said:

Is there a way to obtain a record of all petitions filed with USCIS in the past?

I did by calling USCIS and speaking to a representative. They didn’t list them but were able to validate if I had a record of previously filing a particular form 

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