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How long does I290B application filed in 2012 take for processing ?

Seattle, WA |

My H1B was denied on Oct 26th 2012 reason ; They feel my company is staffing firm . On a contrary its a small sized business consulting firm . Two other people whose H1B were filed along with me were approved but my application got denied . An appeal I290B was filed on Nov 6th 2012 and on Dec 20th I received a notification that " On December 20 , 2012 , we transferred your I290B , NOTICE OF APPEAL TO THE COMMISSIONER , to your local USCIS Office for further processing . The new office has jurisdiction over your case and will send you a decision as soon as processing is complete or you will be notified if further information or action is needed " . My question : How long does it take for processing ? Can the same company apply another H1 application for me for 2013 - 2014 ?

Attorney Answers 4


You may sense correctly that once the H1B case is denied and referred to the local office for processing the agents are not limited to a specific time to review that case. Filing a duplicate application will still trigger similar scrutiny in my opinion, as your case is already flagged.
The only reasonably way to handle this morass is to retain a good employment visa attorney in your area.

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Thanks Alexander! Since my previous employment authorization expired I had to head back to India. My best bet could be to just wait I guess. Thanks for responding.


I saw some that took up to three years.

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I agree with my colleague.

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.

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It was some years ago when an I-290B was filed in one of my cases, and it was decided that it would be faster to file a new petition. The second petition was approved. It all depends on the facts and evidence. We obtained a lot of excellent evidence, and wrote a thorough brief with the appeal (which was ultimately approved), and then the same new evidence we used to support the appeal also helped the new petition to be approved. So, again, you can't just re-submit basically what you already submitted that was questioned, but if you can obtain evidence to satisfy the concern, then you could file a new petition that is better documented.

This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

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