H1- Rejected-Filed -I290b- No response more 10 moths

[rajkumars]

Hi all,

My wife was h1b lottery process. But her visa was rejected by USCIS. My wife's employed filed I-290B last September. Till now, we did not get any response from USCIS. What is the options to get the status from USCIS?

Can we appeal for Benefits of Freedom?

Thanks Raj

[shervin143]

Well, FOIA will not help here since H1B petition is not your petition. It is employer's petition. Since the H1B was rejected and the employer filed MTR, it can take a long time. There is absolutely nothing you could do.
Alternative is to start looking for a new employer to file a brand new H1B petition under CAP next April.

[rajkumars]

Thanks for the response. We filed new h1b petition this year. ours is not selected through lottery process.