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H1b Transfer - I129 Petition Sent After I Joined

Discussion in 'Nonimmigrant Visa Applications' started by jpatel, Jan 14, 2017.

  1. jpatel

    jpatel New Member

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    Hi Ron,

    On 22 dec lawyer sent I129 petition to uscis but he put the old fees and uscis sent that application back. Meanwhile he informed my employer that I am good to start and so I have started working with employer on dec 27. By dec 30, lawyer received the application back and he corrected it with new fees and send it to uscis again on January 3.

    Now my question is, received date on 797 notice shows January 4 and whereas my start date is dec 27... lawyer says it's fine, but my argument is, in future applications , I will be showing my start date dec 27 which is earlier than received date in the notice... there is no where it says my first application was sent on dec 22 and then sent back... so how this can be handled in the future.. I understand if there is RFE received, we can put first petition's FedEx receipt or letter received, but uscis has tendency to just simply reject applications in such cases without issuing RFES..

    Your insight would help a lot...thanks a lot
     

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