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German in UK

O-1 processing time at London embassy

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18 minutes ago, jan22 said:

Your last paragraph is inaccurate. Yes, USCIS approved the petition, but it is a two-step process for a reason. The consulate does have something to do with it. USCIS goes only by the papers submitted, but the consular officer has the individual present to interview.  The consulate role is to ensure that the documentation does, in fact, reflect the person's true achievements.

The consulate has to do background checks and could make sure the paperwork is accurate/real, but USCIS is the one deciding if the achievements are enough for an O1. 

 

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Filed: O-1 Visa Country: England
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I think you're both right. That said, the consular officer seemed to misunderstand the nature of the O visa, confusing above average merit with popular fame. In my case, the additional info that was requested had nothing to do with the O-1 extraordinary ability, but previous addresses and travel over the last 10-15 yrs, siblings, etc. I guess this is the extreme security vetting that the current administration has in mind, although I thought that was focused more on applicants from the countries for which a travel ban was sought recently. 

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Filed: K-1 Visa Country: Wales
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What does your Lawyer say?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: O-1 Visa Country: England
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37 minutes ago, Boiler said:

What does your Lawyer say?

My new employer and the attorney contacted the state senator for help and he wrote to the London embassy and the State Department. The responses were pointless, effectively the same as what's posted on the official website about waiting times and processing. The attorney now says nothing more can be done at this point, just have to wait for a decision. It's a black hole.

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On 8/6/2017 at 8:54 AM, Coco8 said:

The consulate has to do background checks and could make sure the paperwork is accurate/real, but USCIS is the one deciding if the achievements are enough for an O1. 

 

In the first step, yes.  And, their decision is to be considered prima facia evidence that it meets requirements.  BUT, the consular officer is required to review and confirm the qualifications and, if they find discrepancis or embellishments in achievements, can return the petition to USCIS .

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22 hours ago, German in UK said:

I think you're both right. That said, the consular officer seemed to misunderstand the nature of the O visa, confusing above average merit with popular fame. In my case, the additional info that was requested had nothing to do with the O-1 extraordinary ability, but previous addresses and travel over the last 10-15 yrs, siblings, etc. I guess this is the extreme security vetting that the current administration has in mind, although I thought that was focused more on applicants from the countries for which a travel ban was sought recently. 

There is often confusion as to what constitutes "extraordinary ability", especially in a field outside the usual ones that use the O-1, such as the entertainment field.

 

I think from your description that you are right --- ultimately, they accepted your achievements as meeting the O-1 I evel, but you now need to clear security-related checks.  The information requested will help eliminate you as someone about whom they are concerned.  Unfortunately, there are lots of others outside the consulate who have to weigh-in on that and it can be a slower process than anone li I e.

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Filed: EB-1 Visa Country: Germany
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Sorry to see you being stucked!

 

On one side it is the governments security process of having multiple entities in the visa chain until you set foot on US soil. But with a question like 'How can you be famous as an academic?' it reveals the weak points. The CO has the authority to hold the process right there, but in such cases just overstepping into adjudication, that is technically not his job. Except there is serious fraud being discovered of course, that USCIS has overseen.

 

I have seen this before and can also recall from my own interview, that a CO might adjudicate on a personal opinion, for example measuring ability by amount of income. Which of course is totally wrong and not fair! Take anybody in a sport for example, where that person might have impressive success, even win a gold Olympic medal, but in terms of price money or general income things can be totally off scale. Same can happen in art and science. O1 and EB1 are not that rare, but in comparison to the usual day job of an CO not the usual. I am surprised that at such a busy consulate like London, it seemed to be the first O1 in science this officer has seen.

 

I believe your situation will resolve eventually. Of course the trouble it creates, with your employee waiting, sitting on a packed suitcase is the poker game we all have to play.

 

Good luck!

 

 

 

 

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Filed: O-1 Visa Country: England
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Thanks, Goblin! I'm still positive that the visa will be issued, but, as you say, it's all the problems that the long wait has created. Here's hoping for an email from the consulate very soon! 

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Filed: O-1 Visa Country: England
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On ‎10‎/‎08‎/‎2017 at 7:07 AM, goblin said:

Damn it! When I saw the email notification I was hoping for an APPROVED update!

 

Hang in there (Halte durch!) B-)

Danke! But still no news. My new employer is now going to petition for an H-1B alongside the O-1, since premium processing is open again for the H-1B. Apparently, the one will not affect the other. I was surprised to hear that (two simultaneous visa applications?), but I guess I have to trust the attorney on this.

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4 hours ago, German in UK said:

Danke! But still no news. My new employer is now going to petition for an H-1B alongside the O-1, since premium processing is open again for the H-1B. Apparently, the one will not affect the other. I was surprised to hear that (two simultaneous visa applications?), but I guess I have to trust the attorney on this.

 

That is crazy! I already have my H1B and started working yesterday. 

 

By the way, my H1B petition took less than 15 days. They mailed it on a Wednesday and the following week, on Friday, it was approved, and by Monday we had the physical notice paper (the assistant had sent an envelope with a stamp for faster mail or fedex, cannot remember)  

Edited by Coco8
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Filed: O-1 Visa Country: England
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22 hours ago, Coco8 said:

 

That is crazy! I already have my H1B and started working yesterday. 

 

By the way, my H1B petition took less than 15 days. They mailed it on a Wednesday and the following week, on Friday, it was approved, and by Monday we had the physical notice paper (the assistant had sent an envelope with a stamp for faster mail or fedex, cannot remember)  

Great! Had the same for my O-1 - with premium processing I had the official approval document within three weeks. But still no visa...

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