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I have filed H1b this april in master's bt still the case status is Intial review so wats nxt as the start date shld b1st oct

Fremont, CA |

I had the application picked in lottery in 2nd week of oct but still there is no update,so till when can we know the updates of the status

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Attorney answers 4

Posted

It will be eventually denied for fraud. Only an employer is allowed to file I-129. When it is done by an employee it will either be denied outright for lack of eligibility or investigated for fraud.

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Posted

It will take the time it will take. You need to remain patient. Short of your employer willing to now fork out $1,225 for premium processing service, there is nothing else you (or he) can do but wait, with, of course the notable exception of your being able to post on AVVO again. only to be given the same answer over and over again.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

First of all 'you' didn't file anything ... H papers are the property of the employer, not the employee.

The employer (or better yet the lawyer working for the employer) filed the papers.

What did the lawyer tell you when asked him/her?

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Posted

Your company attorney can follow up with the Department and update the company on its status.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.