USCIS gives a set of guidelines to petitioners explaining the steps to be followed by them to avoid rejections or issuance of RFE ( request for evidence). USCIS keeps adding new guidelines or modifying existing ones. Below is the list of those guidelines. It is very important for employers and employees to know these rules to avoid any delay in processing with RFEs or avoid rejections.
H1B visa 2012 Rejection Guidelines by USCIS
- If a petitioner ( employer) files H1B petition for FY 2012 cap quota and requests a start date before October 1st, 2011.
- Failure to complete Form 1-129 accurately with correct information.
- Failure to provide correct required fees or documentation, especially with H1B Fee increase $2000
- If petitioner does not file petition at correct USCIS service center
- If employer files multiple H1B petitions for the same H1B worker
This is not a comprehensive list, every petition is different and will be adjudicated on case by case basis, the above list is a general set of guidelines for petitioners.
The biggest challenge with petition rejections like incorrect fee or wrong service center filings is you lose the petition filing date and may miss the boat for H1B season, if the cap fills before your corrected petition reaches. What it means is, even though you filed a petition at earlier date, USCIS will not consider that date for cap or lottery ( if any). Essentially, they will only consider your application date on the day they receive Application with proper fee and other documentation. Also, read USCIS Press release H1B visa 2012
Do you know any other scenarios where H1B visa 2012 can be rejected ?
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Reference : USCIS Official website