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  • I129 denied

    Hi All,
    I am seeking your expertise advice and your valuable input.
    Let me explain the time line first for reference.

    Timeline:
    April 1 - Petition filed
    April 10 - Initial review
    July 14 - RFE Response Review (Dont know when RFE came - No idea about RFE and Response provided by employer)
    Aug 13 - Back to Initial Review - Reason Address changed (But not really - checked with employer - no idea from their side as well) but looks like this is normal in few cases
    Aug 14 - Decision - Denial

    My I 129 is denied on Aug 14. My Employer said it will take 5 to 6 business days to receive mail from USCIS as to know the reason for denial.
    I will update the reasons once i come to know.

    My wife already working in USA (just a month back she joined there for her current indian employer on H1) and me and my 2 year old son is in India.
    My family had a great hope on my H1 process as we will have a chance to lead the family together in USA.
    The I 129 denial state from USCIS disappointed all of us and we are all is deep sorrow.

    I am researching on next available options for me now.

    1. While the petition was filed and accepted for processing by USCIS, in the notice, the company name mentioned with some typo error.
    For example: for ABCDEF INC it was mentioned as CBADEF INC.
    Will it be a cause for denial? If it is so, any chance to correct it and request for re process?

    2. Thinking about Appeal or MTR based on reason. What would be the cost for these options? Success rate? Process time? or is that totally a bad idea? Will it affect next year if i get chance to apply with other employer?

    3. Any other way this petition would helpful to obtain H1 lawfully? This is my first time petition and it is denied. Can i file cap exempted petition with other employer from now on?

    4. Anyone got approval notice though the USCIS web page says Decision denial?

    5. A Denial decision has any chance to change to approved at Post decision activity due to final decision / review by supervisor? Saw somewhere that all the denial decision will go to the supervisor for final review and decision may get changed in post decision. how for it is true? or this assumption is dream / illusion?


    Experts, Please advice.

    meeunda

  • #2
    Originally posted by meeunda View Post
    Hi All,
    I am seeking your expertise advice and your valuable input.
    Let me explain the time line first for reference.

    Timeline:
    April 1 - Petition filed
    April 10 - Initial review
    July 14 - RFE Response Review (Dont know when RFE came - No idea about RFE and Response provided by employer)
    Aug 13 - Back to Initial Review - Reason Address changed (But not really - checked with employer - no idea from their side as well) but looks like this is normal in few cases
    Aug 14 - Decision - Denial

    My I 129 is denied on Aug 14. My Employer said it will take 5 to 6 business days to receive mail from USCIS as to know the reason for denial.
    I will update the reasons once i come to know.

    My wife already working in USA (just a month back she joined there for her current indian employer on H1) and me and my 2 year old son is in India.
    My family had a great hope on my H1 process as we will have a chance to lead the family together in USA.
    The I 129 denial state from USCIS disappointed all of us and we are all is deep sorrow.

    I am researching on next available options for me now.

    1. While the petition was filed and accepted for processing by USCIS, in the notice, the company name mentioned with some typo error.
    For example: for ABCDEF INC it was mentioned as CBADEF INC.
    Will it be a cause for denial? If it is so, any chance to correct it and request for re process?

    2. Thinking about Appeal or MTR based on reason. What would be the cost for these options? Success rate? Process time? or is that totally a bad idea? Will it affect next year if i get chance to apply with other employer?

    3. Any other way this petition would helpful to obtain H1 lawfully? This is my first time petition and it is denied. Can i file cap exempted petition with other employer from now on?

    4. Anyone got approval notice though the USCIS web page says Decision denial?

    5. A Denial decision has any chance to change to approved at Post decision activity due to final decision / review by supervisor? Saw somewhere that all the denial decision will go to the supervisor for final review and decision may get changed in post decision. how for it is true? or this assumption is dream / illusion?


    Experts, Please advice.

    meeunda
    Didn't your employer give reasons as to why the petition was denied? Did you pay for your own H1?

    Comment


    • #3
      Originally posted by raghvi View Post
      Didn't your employer give reasons as to why the petition was denied? Did you pay for your own H1?
      Hi Ragavi,
      My HR said he will receive it in 5 to 6 business days.
      We are waiting....

      Comment


      • #4
        Originally posted by raghvi View Post
        Didn't your employer give reasons as to why the petition was denied? Did you pay for your own H1?
        Also Regarding your question on payment - I have not paid and the company applied for it. The thing is it is a small firm running 2 brothers in india and USA.
        Since it is small firm, The US boss takes care of applying visa and i am employee of this company for 5+ years in india. And i had multiple B1 entries before.

        Comment


        • #5
          Hi Ragavi,
          Did you get a chance to see my answers for your questions?
          Can you please provide me your views on what possible next option that i would have?
          Hope this friday i will get some input from denial reason.
          I will get back to you as soon as i get these details.

          Comment


          • #6
            Forgot to include a document in petition

            I forgot to include a statement for myself, intent to marry my fiance. Would this be a huge problem?

            Comment


            • #7
              Decision Notice Mailed

              On August 8, 2016, we denied your Form I-129, Petition for a Nonimmigrant.

              June 28 - Petition filed in premium- Initial review
              July 7-Got RFE
              July 25 - RFE Response Review (Dont know when RFE came - No idea about RFE and Response provided by employer)
              Aug 9 - Decision - Denial

              My I 129 is denied on Aug 9. My Employer said it will take 5 to 6 business days to receive mail from USCIS as to know the reason for denial.
              I will update the reasons once i come to know.

              What are the option are available now .

              Comment


              • #8
                In same situation - need URGENT help..Thanks!

                Originally posted by meeunda View Post
                Hi All,
                I am seeking your expertise advice and your valuable input.
                Let me explain the time line first for reference.

                Timeline:
                April 1 - Petition filed
                April 10 - Initial review
                July 14 - RFE Response Review (Dont know when RFE came - No idea about RFE and Response provided by employer)
                Aug 13 - Back to Initial Review - Reason Address changed (But not really - checked with employer - no idea from their side as well) but looks like this is normal in few cases
                Aug 14 - Decision - Denial

                My I 129 is denied on Aug 14. My Employer said it will take 5 to 6 business days to receive mail from USCIS as to know the reason for denial.
                I will update the reasons once i come to know.

                My wife already working in USA (just a month back she joined there for her current indian employer on H1) and me and my 2 year old son is in India.
                My family had a great hope on my H1 process as we will have a chance to lead the family together in USA.
                The I 129 denial state from USCIS disappointed all of us and we are all is deep sorrow.

                I am researching on next available options for me now.

                1. While the petition was filed and accepted for processing by USCIS, in the notice, the company name mentioned with some typo error.
                For example: for ABCDEF INC it was mentioned as CBADEF INC.
                Will it be a cause for denial? If it is so, any chance to correct it and request for re process?

                2. Thinking about Appeal or MTR based on reason. What would be the cost for these options? Success rate? Process time? or is that totally a bad idea? Will it affect next year if i get chance to apply with other employer?

                3. Any other way this petition would helpful to obtain H1 lawfully? This is my first time petition and it is denied. Can i file cap exempted petition with other employer from now on?

                4. Anyone got approval notice though the USCIS web page says Decision denial?

                5. A Denial decision has any chance to change to approved at Post decision activity due to final decision / review by supervisor? Saw somewhere that all the denial decision will go to the supervisor for final review and decision may get changed in post decision. how for it is true? or this assumption is dream / illusion?


                Experts, Please advice.

                meeunda
                Hi meeunda & others -
                My brother is in the same situation. His new H1 was filed in April 2017, went into RFE in June, RFE was responded, and now he received I129 denial in December. We are yet to get the actual notice to see the stated reason from USCIS. I wanted to know below things:
                1. Is there a likelihood of USCIS changing decision if strong evidence is provided?
                2. How long does it take to get the decision on appeal?
                3. If appeal is filed now, does it prevent my brother's employer (same employer) for filing new H1 again in April 2018, in case appeal stays pending till then?

                Thanks in advance! In urgent need of help.

                Comment


                • #9
                  Originally posted by meeunda View Post
                  Hi All,
                  I am seeking your expertise advice and your valuable input.
                  Let me explain the time line first for reference.

                  Timeline:
                  April 1 - Petition filed
                  April 10 - Initial review
                  July 14 - RFE Response Review (Dont know when RFE came - No idea about RFE and Response provided by employer)
                  Aug 13 - Back to Initial Review - Reason Address changed (But not really - checked with employer - no idea from their side as well) but looks like this is normal in few cases
                  Aug 14 - Decision - Denial

                  My I 129 is denied on Aug 14. My Employer said it will take 5 to 6 business days to receive mail from USCIS as to know the reason for denial.
                  I will update the reasons once i come to know.

                  My wife already working in USA (just a month back she joined there for her current indian employer on H1) and me and my 2 year old son is in India.
                  My family had a great hope on my H1 process as we will have a chance to lead the family together in USA.
                  The I 129 denial state from USCIS disappointed all of us and we are all is deep sorrow.

                  I am researching on next available options for me now.

                  1. While the petition was filed and accepted for processing by USCIS, in the notice, the company name mentioned with some typo error.
                  For example: for ABCDEF INC it was mentioned as CBADEF INC.
                  Will it be a cause for denial? If it is so, any chance to correct it and request for re process?

                  2. Thinking about Appeal or MTR based on reason. What would be the cost for these options? Success rate? Process time? or is that totally a bad idea? Will it affect next year if i get chance to apply with other employer?

                  3. Any other way this petition would helpful to obtain H1 lawfully? This is my first time petition and it is denied. Can i file cap exempted petition with other employer from now on?

                  4. Anyone got approval notice though the USCIS web page says Decision denial?

                  5. A Denial decision has any chance to change to approved at Post decision activity due to final decision / review by supervisor? Saw somewhere that all the denial decision will go to the supervisor for final review and decision may get changed in post decision. how for it is true? or this assumption is dream / illusion?


                  Experts, Please advice.

                  meeunda

                  As your H1 is denied, you don't have any option. Also no use appealing it, 1 in 1000000 appeals are approved.

                  Comment

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