H1 Denial Appeal Processing Time


senah1b

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Status change to "Post Decision Activity" on Aug 28 2012. Case has been forwarded to AAO.

Sena, what is your RFE about and what did you reply? What docs did you submit along I-290B? R u in USA or India? Please let me know. If you need to contact me, pls email me at tina.4u.2k5@gmail.com

thanks, am in the same boat like you. Mine is california.

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Reason for denial was not my case. USCIS refered a case, which was for immigrant visa

- the applicant filed a PP which had a different location from LCA

- the applicant didnt have a BE degree

So I was denied that I fall under the same case. But I have my LCA approved for change location as well, I have a BE degree and my case was for non immigrant visa.

Still waiting for an update.

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  • 2 weeks later...

hi

Mine is also the same case, I am on OPT Extension and applied for my H1b in May and got query as requesting for employee- employer relation in June,

and USCIS is not satisfied with our submitted documents for the raised query and denied my H1b in June 30th, and My employer applied for motion to reopen

on 28 July 2012 and still now i didn't receive any notice or receipt number from them.

could someone can help here

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  • 8 months later...

Hi Guys,

I am also in similar situation. My H1 got denied last year due to Emp-Emp relationship not satisfied(don't have client letter).

After that I applied for motion to reopen on Nov12th with all required docs on

Dec 12th my status got changed to initial review and it was in the same status since then, can some one tell me how much does takes for USCIS to get a decision( when I checked the USCIS website..it says 3 months for MTR nd 6 months for appeal).

My only concern is can we expect a result from USCIS or doesn't gonna stay in same status forever.

Thanks in advance.

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  • 2 weeks later...
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  • 2 weeks later...

Hi Guys,

 

Mine got rejected due to E-E relation, I applied for MTR in the month of Dec'12..after waiting for 8 months yesterday my status changed to below. If any one has the same status could pls help me on what's happening.

 

the Administrative Appeals Office returned this case. If your case was remanded or your appeal was sustained, we will notify you of our action within 60 days of the date of the AAO decision. 

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Visa - H1B

H1B Denial Date - June 26, 2013

Appeal to Denial Date - July 26, 2013

Processing Center - California

 

Currently waiting for decision from appeal. MS graduated from USA.

 

 

I was working on Cap Gap OPT which i have received automatically after filing H1B petition. 

So what is my status now. Am I in 60 days grace period? Do my cap gap is still valid because we filed the appeal?

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  • 2 months later...

Hi,

 

My H1B transfer got rejected due to E-E relation and end client letter in may, I applied for appeal in the month of June.  Today the case status changed from initial review to transfer to AAO. 

On October 22, 2013, we sent this case to the Administrative Appeals Office for review. You will be notified by ma

 

Anyone got approval from AAO?

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My H1B for 2014 got denied as there were documentation error and I am on my L1B visa which got expired on April 2013, but I94 is valid till Nov 2015.  H1B denial reason was "preferred position does not require specialty Occupation Worker. SOW submitted by Employer does not identify the beneficiary as required for this particular assignment".

 

Let me know the best possible option which I could prefer

 

1) My employer suggests me to appeal H1B denial with the client letter and latest SoW. This process would take 5 to 6 months time period.  I want to know the success rate of appealing an H1 denial.  Is that a feasible solution? Will there be any impacts in my any further USCIS processing because of this appeal.

2) I can wait until april 2014 to apply H1 for year 2015. Will there be any impacts on due to my H1B denial.

3) I could initiate a green card processing for this year.  Whether there will any impact on the Green Card processing due to my H1B denial.  I want to know whether GC processing can be initate first of all.  If I apply for GC processing what should I do after Nov 2015. As I less knowledgable on GC processing, let me know what options are left out.

 

Appreciate your earlier response on my case and let me know if you have any other options.

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My case status changed today.Yesterday the case was sent to  AAO office today it changed to below status ie from post decision to initial review

 

On October 23, 2013, we transferred your I129, PETITION FOR A NONIMMIGRANT WORKER, to your local USCIS Office for further processing. The new office has jurisdiction over your case and will send you a decision as soon as processing is c

 

Is it good or bad?

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  • 3 weeks later...
  • 4 weeks later...

My case status changed today.Yesterday the case was sent to  AAO office today it changed to below status ie from post decision to initial review

 

On October 23, 2013, we transferred your I129, PETITION FOR A NONIMMIGRANT WORKER, to your local USCIS Office for further processing. The new office has jurisdiction over your case and will send you a decision as soon as processing is c

 

Is it good or bad?

 

 

Did you get approval?

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  • 1 month later...

Reason for denial was not my case. USCIS refered a case, which was for immigrant visa

- the applicant filed a PP which had a different location from LCA

- the applicant didnt have a BE degree

So I was denied that I fall under the same case. But I have my LCA approved for change location as well, I have a BE degree and my case was for non immigrant visa.

Still waiting for an update.

Sneha.. what was you result of appeal?

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