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 ?
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.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to oneâ€™s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com
2 lawyers agree
Real Estate Attorney
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 Avvo.com are intended as general information for the education of the public, and not for any specific individual.
1 lawyer agrees
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.