Harder to get approved after denial? (Merged threads)

[Milou82 0]

41 minutes ago, appleblossom said:

 

Yep, but depends on who it petitioning the OP. If it's an agent, they can work in various places. If it's the employer offering them 20 hours a week, they cannot work for anybody else on the visa, so perhaps that's what the lawyer is referring to?

I have an (external) agent. The employer is not my agent. 

Does it mean I need 40 hours or..? 

[appleblossom 2,815]

2 minutes ago, Milou82 said:

I have an (external) agent. The employer is not my agent. 

Does it mean I need 40 hours or..? 

 

Again, who is petitioning you? You've not answered that question and it makes a huge difference. 

[Marieke H 2,520]

3 hours ago, Milou82 said:

the response was very skimpy, no legal argument, no case law

You were supposed to respond to the RFE with additional evidence, no legal arguments or case law.

 

Did you review the requirements for an O-1B visa? (https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-4#3). The bar is VERY high. You are not going to be approved if you are just a concert pianist who is occasionally featured in some local newspaper. You need to be nationally and preferably internationally recognized.

 

If you are just going to present the same evidence but a bit better organized, I think it is unlikely to be approved.

[Crazy Cat 41,985]

***Similar topics merged***

[igoyougoduke 1,662]

3 hours ago, Milou82 said:

Partly the same, some new evidence. Like I said, my evidence was a mess, not structured, cover letter was more of a capillary rather than a letter with extensive legal argument. 
Basically referring to tabs and not explaining what and why. 
 

At least things are a lot more comprehensive now plus some new evidence, about every single detail.

 

Will they not scrutinize a lot more and look back at my previous denied case?

yes that is correct. The denial letter would explain why they denied. if you dont have any new evidence than you will be denied considering your history before . 

 

Ask yourself why USCIS will approve if you are going to send them the same thing again. Yes the scrutiny without new evidence means the burden is on you to show why USCIS needs to reconsider 

[Boiler 45,749]

This seems an odd question as there are specialist Lawyers who focus on the Entertainment Industry and handle these by the bucket load.

 

I would think Agents/Management Teams would be well aware of them and who to use.

 

[SalishSea 17,974]

OP, if you really want meaningful feedback, refusing to answer questions or expand on details isn't going to get you very far.

[Milou82 0]

14 hours ago, appleblossom said:

 

Again, who is petitioning you? You've not answered that question and it makes a huge difference. 

I have an agent (arts organization) petitioning for me this time.  
 

why does it make a difference?

5 hours ago, SalishSea said:

OP, if you really want meaningful feedback, refusing to answer questions or expand on details isn't going to get you very far.

I’m not on my phone 24/7

Edited October 9 by Milou82

[Milou82 0]

21 hours ago, appleblossom said:

Not as a musician but I got an O1 last year. Definitely not a DIY visa IMO, make sure you have a good lawyer. 
 

Your job isn’t likely to be that relevant. What other criteria do you meet? Critical reviews? Newspaper/magazine articles about you? Awards to show national/international acclaim? What can you provide to prove you’re well known and have risen to the top of your field? 

Well do they not want to know if your future employers are distinguished? 
 

yes, I have

- critical reviews

- national awards

- interviews and mentions in magazines and newspapers

- album release  

- some tv and radio performances 

[Dashinka 24,649]

17 hours ago, igoyougoduke said:

do you have new evidence to support your visa ? if not than you are likely to get a denial.  Previous denial will not affect your new visa application. if you are applying with same evidence with a different law firm than you likely will get denied. 

If you read the threads I posted, sometimes the presentation can make all the difference with an O1.  I believe @mindthegap is fairly familiar with O1's, maybe they will weigh in.

[appleblossom 2,815]

2 hours ago, Milou82 said:

I have an agent (arts organization) petitioning for me this time.  
 

why does it make a difference?

I think @salishsea was referring to you not answering my question about your sponsor which I asked a few times. You said above your agent wasn’t your sponsor??? So I’m very confused as you’re now saying s/he is?

 

It makes a huge difference because, as I said above,  if an agent petitions you then you can effectively be freelance and work anywhere they secure you jobs. Whereas if an employer petitions you you can’t work for anybody else. 
 

2 hours ago, Milou82 said:

Well do they not want to know if your future employers are distinguished? 
 

yes, I have

- critical reviews

- national awards

- interviews and mentions in magazines and newspapers

- album release  

- some tv and radio performances 

Your future employer isn’t relevant. 
 

Did you submit evidence of all of that with your last application? If not, what’s new out of it? 

Edited October 9 by appleblossom

[Milou82 0]

13 minutes ago, appleblossom said:

I think @salishsea was referring to you not answering my question about your sponsor which I asked a few times. You said above your agent wasn’t your sponsor??? So I’m very confused as you’re now saying s/he is?

 

It makes a huge difference because, as I said above,  if an agent petitions you then you can effectively be freelance and work anywhere they secure you jobs. Whereas if an employer petitions you you can’t work for anybody else. 
 

Your future employer isn’t relevant. 
 

Did you submit evidence of all of that with your last application? If not, what’s new out of it? 

Got it!

 

I heard people still get rejected on final merits because the future employers are not distinguished… while they accepted all criteria. But it might be the case they are not following the law properly. 
 

oh no, I added more press, some more performances I’ve done with reviews, and my album release with reviews. 

[appleblossom 2,815]

26 minutes ago, Milou82 said:

Got it!

 

I heard people still get rejected on final merits because the future employers are not distinguished… while they accepted all criteria. But it might be the case they are not following the law properly. 
 

oh no, I added more press, some more performances I’ve done with reviews, and my album release with reviews. 

 

If your agent is your sponsor then any employer isn't relevant, most people who apply with an agent don't have any work lined up. 

 

Good that you've added more evidence. Hopefully your lawyer has a lot of experience doing O visas this time?

[Marieke H 2,520]

On 10/8/2024 at 7:17 AM, Milou82 said:

I have an agent but they are not my sponsor.

6 hours ago, Milou82 said:

I have an agent (arts organization) petitioning for me this time.

 

So which is it?

[Marieke H 2,520]

Here is another complicating factor from OP's previous post:

 

She was in the US on a B-2 last year, and likely overstayed her B-2 after applying for Change of Status to O-1B. Because the CoS was denied, I believe her attorney is wrong and she did accrue unlawful presence.