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!
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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.
I am not your attorney. I am providing you an answer for general information purposes only. That information should be used as a starting point for addressing your legal issues. It is not a substitute for a consultation with an attorney licensed to practice in your jurisdiction about your specific legal issues. You should not rely on the information above as legal information. Finally, your question and its answers are not confidential and not subject to attorney-client privilege.
Have a private consultation with an immigration attorney for this kind of a case specific advice.
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