As many of you are waiting for the H1B Visa 2020 lottery results and awaiting receipt notices, one of our readers shared their H1B reject notices from FY 2019, which was rejected due to a clerical error by attorney.
As you can see, the person was really lucky to get selected in H1B Visa Lottery, but was unfortunate as their attorney made a small mistake with the start date on the form I-129 and it was rejected. The exact text on USCIS reject notice is as below:
“…USCIS received your cap subject H1B petition during filing period and your petition was selected towards the cap. However, upon review it has been determined that your petition was not properly filed….
Your Form I-129 petition subject to FY 19 cap did not list an employment start date of 10/01/2018 or later. You listed 9/10/2018 . on your petition as the employment start date … “
The only positive side of it was they returned the fee. See below the highlighted text. Also, you may check Sample H1B Reject Notices, not picked in Lottery from previous years to get an idea.
I got selected in H1b lottery on April 2019. Last week My company received a rejection letter due to incorrect fee. They claim that the company paid fee for a company that has less than 25 employess when they should have paid a fee for companies that havemore than 25 employees.
My employer said that was a gross mistake, since they never ever had more than 25 employees.
Can you help me with the options I have ? What is the chance of getting H1 after this ?
Your option is to apply for lottery again this year in March. There is no other option.
I am facing the same issue my attorney made some mistake in my H1B application and I got the denial from USCIS without any RFE. Can I open service request with USCIS or file for due process argument?
There is not much you can do unfortunately, it is the employer’s petition.
So my question is if somebody has an i94 that expired more than a year ago but they had an EOS application pending which gave authorized period of stay, and they are denied and have to leave country. At departure their i94 will be taken, would this mean they get a bar of 10 yrs or does the profile note that they were in authorized stay and no bar is triggered.
No, the I-94 will not be taken, your date of decision would be taken. USCIS data and DHS data would be reconciled by their systems. It is highly recommended to keep the proof of your denial with you to be safe, if something is questioned in future.
So do I not need to give my i94 at departure? I will just book a ticket and leave? And their electronic systems will reconcile everything?
What I meant is, for future immigration or visa benefits, they will not take your I-94 data.
Now, coming to exit process from US, if you have a paper i-94 you would need to hand it over at Port of entry If it is electronic, no need. Read US Exit Process at Airport
My visa is expiring on April24 and my project is not extending. Can I stay in USA after visa expiry??
Please let me know
In my LCA they mentioned the start date as 09/08/19 for FY 2020 H1b filing. Does that mean my petition will get rejected too?
LCA date is different from I-129 form employment start date. The above denial notice is related to I-129 form’s Employment Start date. So, you are fine, nothing to worry!
Thanks Kumar!
Thanks for bringing this up . I was initially freaked out too as my LCA Date is from Sept 10th or so 2019 , then relieved to see I129 Date is different from LCA Date
i was picked selected last year in the lottery as well after two previous attempts. however, my attorneys made an error and filed two applications in my name. the first petition had an incorrect filing fee. they requested to have it rescinded but USCIS did not receive the request in time before my attorneys filed a second petition with the correct/amended filing fee. consequently, both petitions were picked in the lottery and rejected. this was my final attempt at getting an H1B.
I would Hope that the responsible attorney would make every effort (without charge) to assist the effected H-1B individual, in any further Legal processing needed to regain what was lost because of his error which resulted in such a disastrous outcome for the H-1B individual. I would also Hope that said attorney would 1st make every effort to reverse the “Rejected” Status.