Below the message is from the embassy. Will it most likely to be revoked? --We regret to inform you that after a careful review of your visa application, you have been found ineligible for a O1 visa. After the careful review of your application, the adjudicating consular officer determined that you do not appear to qualify for the O visa classification. In order to receive an O1 visa, an individual must demonstrate extraordinary ability as evidenced by sustained national or international acclaim or a record of extraordinary achievement. During the visa interview followed by a further review on your documents, you were unable to demonstrate to that your educational and professional work experience was truly reflective of this standard.
We have therefore returned the I129s petition to Department of Homeland Security, U.S. Citizenship and Immigration Services with the recommendation that the petition be revoked. Please forward any inquiries you may have concerning your case to USCIS.
Cases returned to USCIS are placed in 221g (pending) status and remain that way until the Embassy receives either a notice of reaffirmation of the petition, or a notice of revocation, from USCIS. Consequently, the consular section at the U.S. Embassy in Tokyo is no longer actively adjudicating this visa application.
The consular decision which you cite verbatim above is yet another example of what seems to be an epidemic of consular "re-adjudications" of a case previously analyzed and approved by USCIS.
Do not despair! All is not lost! All you need to do is talk to the attorney who prepared and filed your O-1 with USCIS. He or she will ask you to calmly wait until you hear back from USCIS In a few months, respond to USCIS' Notice of Intent to Revoke and have it sent back to Tokyo to grant the visa. My experience in all such cases has been that once USCIS reaffirms the case (they often do) the consulate will not dare to play this trick on you again (I can almost promise you that: I've been through situations like this many times..) Relax and call your attorney!
USCIS will take one of two actions:
1) Issue a Notice of Intent to Revoke, which your attorney will have 30 days to respond to. Or
2) Issue a Notice of Re-affirmation, which will automatically be sent to the U.S. Consulate.
USCIS is currently taking more than 6 months, in my recent experience, to issue either of the above actions. You must prepare as if a Notice of Intent to Revoke will be issued, talk with your attorney about that and see what additional evidence you can provide that will show that you qualify and the Consulate is wrong. However, be prepared for something in the Notice of Intent to Revoke to be detrimental to your case and unexpected.
Finally, sometimes it is easier and faster to simply re-file the original petition, add additional documentation of how you qualify, and do the consular processing a second time. However, some Consulates react poorly to re-applying before USCIS finishes handling your case, so be prepared to answer a lot of questions and be forced to wait anyway.
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