Sample H1B Reject Notice - Info

Sample H1B Reject Notice FY 2019 – Lottery Selected, Not Properly Filed

In H1B Visa by KumarUpdated : 11 Comments

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.

Sample H1B Reject Notice, Picked in Lottery, but rejected due as Not properly filed.

H1B Sample Reject Notice - FY 2019 - Not Properly Filed

   

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Comments ( 11 )

  1. Abeeba

    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.

    1. administrator
      Kumar

      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.

      1. Abeeba

        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?

        1. administrator
          Kumar

          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

    1. administrator
      Kumar

      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!

        1. swag

          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

  2. andy

    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.

  3. Dave

    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.

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