Good news — this case cleared the first bar
The AAO withdrew the director's decision revoking the approved O-1 petition and remanded the matter to the Vermont Service Center director for a new decision on the merits, to be certified to the AAO if adverse to the petitioner.
3 more criteria would trigger a full merits review.
The Vermont Service Center director revoked a previously approved O-1A nonimmigrant worker petition. On appeal, the AAO — at the director's own request — withdrew that revocation decision and remanded the matter back to the director for a fresh decision on the merits. If the new decision is adverse to the petitioner, it must be certified to the AAO for further review. No substantive merits analysis was conducted by the AAO in this order.
Takeaway: When a director revokes an approved petition, the AAO may remand rather than decide on the merits, especially when the director requests reconsideration; petitioners should be prepared for the matter to return to the service center for a new decision.
Completed
I-129 filed
Petition submitted to USCIS.
Completed
Director, Vermont Service Center — Revoked
Initial decision: Revoked.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2015-03-25
AAO decision — Remanded
The AAO withdrew the director's decision revoking the approved O-1 petition and remanded the matter to the Vermont Service Center director for a new decision on the merits, to be certified to the AAO if adverse to the petitioner.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.