H1B petition rejected because of incorrect fees, but the fees was correct

[H1B 2013]

Hello,
I am in a unique situation. Any help is appreciated.

My H1B petition was sent to California Service Center last month. There was no receipt for 45 days, so my lawyer contacted USCIS and inquired. They were told that the case was assigned a receipt number, and rejected because either signature was missing or the fees was incorrect.

But the attached fees was correct, and the lawyer has evidence that the correct fees was submitted. Also they have verified all submitted documents and everything looks clear. Also USCIS deposited three out of four checks that were submitted. Fourth check was not cashed. May be they lost it.

Also the application was not returned for last 45 days. They still don't have it.

There is a case number and it says -

On May XX, 2012, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because the application or petition was not signed and the fee you submitted was not correct. Therefore, we have rejected your case and returned it to you, including all supporting materials and the incorrect fee. Please review the instructions on the rejection notice you received prior to re-submitting your case.

But nothing was received back, and even 3 checks got cashed out of 4.

Anybody faced similar situation? I was subject to the cap and it was filed in time. But now the CAP is reached. Can I retain the filing date?

Lawyer has opened a case for resolution with USCIS. Any idea how much time it takes for a case resolution?

[shervin143]

Well, most likely there will be an RFE for the missing check and when you sent it, they will continue the H1B process. Ask your lawyer to follow up with USCIS. If it was just because of the check, they can send it again.

[H1B 2013]

Well, most likely there will be an RFE for the missing check and when you sent it, they will continue the H1B process. Ask your lawyer to follow up with USCIS. If it was just because of the check, they can send it again.

Thanks for the response.

To explain it further, my lawyer received nothing from USCIS till they contacted them. No receipt notice, or no rejection notice. That is why they called USCIS to check what is going on. They were provided an EAC number on the phone, and that online status is showing -

On May XX, 2012, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because the application or petition was not signed and the fee you submitted was not correct. Therefore, we have rejected your case and returned it to you, including all supporting materials and the incorrect fee. Please review the instructions on the rejection notice you received prior to re-submitting your case.

There were 4 checks in the package, they deposited 3. We don't know what happened to the last one. It was delivered for sure, we don't know if they lost it.

My lawyer is following up.

So you think this status will move to RFE sometime later when it says it has been rejected and returned? And at that time they will ask for the check? And how can they reject application after cashing check and not returning anything?

If this is an administrative error, have I retained my filing date?

[shervin143]

If the case is been rejected, then there isn't anything that you can do to be included in the CAP. If 3 checks were already cashed, then I guess the lawyers will be able to talk to USCIS to figure out the next course of action. It is hard to say what USCIS will do in this case. If it was your employer/lawyer's mistake for not including the 4th check, then there isn't anything that can be done.

Thanks for the response.

To explain it further, my lawyer received nothing from USCIS till they contacted them. No receipt notice, or no rejection notice. That is why they called USCIS to check what is going on. They were provided an EAC number on the phone, and that online status is showing -

On May XX, 2012, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because the application or petition was not signed and the fee you submitted was not correct. Therefore, we have rejected your case and returned it to you, including all supporting materials and the incorrect fee. Please review the instructions on the rejection notice you received prior to re-submitting your case.

There were 4 checks in the package, they deposited 3. We don't know what happened to the last one. It was delivered for sure, we don't know if they lost it.

My lawyer is following up.

So you think this status will move to RFE sometime later when it says it has been rejected and returned? And at that time they will ask for the check? And how can they reject application after cashing check and not returning anything?

If this is an administrative error, have I retained my filing date?

[H1B 2013]

If the case is been rejected, then there isn't anything that you can do to be included in the CAP. If 3 checks were already cashed, then I guess the lawyers will be able to talk to USCIS to figure out the next course of action. It is hard to say what USCIS will do in this case. If it was your employer/lawyer's mistake for not including the 4th check, then there isn't anything that can be done.

Thanks. There were 4 checks in the package. We don't know why they did not receive it or did not cash it. There is evidence to prove that as well. My lawyer has opened up a service request.

Does anyone know how much time it takes to get such thing resolved? Would it be possible that they accept the case and issue an RFE later for the check?

Can I upgrade to premium at this point?

The main thing is nothing has come back. No reject notice or accept notice or even the rejected package. I thought they either accept or reject. Is there a third stage where they neither accept nor reject?

[funnylife]

Thanks. There were 4 checks in the package. We don't know why they did not receive it or did not cash it. There is evidence to prove that as well. My lawyer has opened up a service request.

Does anyone know how much time it takes to get such thing resolved? Would it be possible that they accept the case and issue an RFE later for the check?

Can I upgrade to premium at this point?

The main thing is nothing has come back. No reject notice or accept notice or even the rejected package. I thought they either accept or reject. Is there a third stage where they neither accept nor reject?

What has happened to your case? I'm also facing similar situation now. Can you please help.

[mcu]

Thanks. There were 4 checks in the package. We don't know why they did not receive it or did not cash it. There is evidence to prove that as well. My lawyer has opened up a service request.

Does anyone know how much time it takes to get such thing resolved? Would it be possible that they accept the case and issue an RFE later for the check?

Can I upgrade to premium at this point?

The main thing is nothing has come back. No reject notice or accept notice or even the rejected package. I thought they either accept or reject. Is there a third stage where they neither accept nor reject?

Hello H1B 2013, even i'm facing the same issue but for h1 transfer and now at the stage enquiring about checks and initiating attorney to contact USCIS, so any progress happened in your case, info from you could be really helpful for me in the course of action.

[mcu]

What has happened to your case? I'm also facing similar situation now. Can you please help.

Hi funnylife,

Any improvement has happened with your situation coz i'm also facing the same issue. any info could be helpful for me in my case.