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Options After H4 To H1 Denial

Discussion in 'AC 21 H-1B Issues' started by Jalees Ahmad, Sep 6, 2014.

  1. Jalees Ahmad

    Jalees Ahmad New Member

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    Hi Ron,

    My wife applied H4 to H1 COS through an employer. She got picked into lottery and later on she got RFE where USCIS asked some queries about her employer. Her employer replied to RFE and her status got changed to RFER. After a month USCIS denied her visa petition, we are still waiting for the letter from USCIS explaining the cause of denial. When we spoke to her employer he said that there is nothing to worry you are in good position you have the receipt number which is valid for 6 years irrespective of approval or denial so she can again file a fresh visa out of cap using the same receipt number. Is it true? Is a denied fresh petition number valid for six years?

    Kindly help.

    Thank you,
    Jalees
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I respectfully disagree. The only way to gain cap exemption is to have an H1B petition APPROVED and either a visa issued or status granted.
     
  3. Jalees Ahmad

    Jalees Ahmad New Member

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    Thanks for quick response. I spoke to her employer again and he said that same employer can file a fresh H1 visa out of cap using the denied petition number. Could you please confirm.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Again, I disagree.
     
  5. Jalees Ahmad

    Jalees Ahmad New Member

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    Hi Ron,

    My wife's employer appealed against denial of her H1 and its been four months since USCIS received the application but still her new receipt number is in initial review status. Is there any way we can expedite the appeal process or can we raise a service request with USCIS to expedite the process.

    Thanks,
    Jalees
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Unfortunately, that is not possible.
     
  7. Jalees Ahmad

    Jalees Ahmad New Member

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    So what is the maximum waiting period for an appeal to be processed and what if it is not getting processed within defined time limit?

    thanks,
    Jalees
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Normal processing is six months or less.
     
  9. Jalees Ahmad

    Jalees Ahmad New Member

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    Thank you Ron !!! What if, it won't get processed after 6 months?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    About the only thing you can do is sue them.
     

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