We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on January 10, 2012, and are now reviewing our earlier decision


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I got a mail yesterday saying reopened my post decision . I din't went to india for stamping. I applied H1 in usa

"We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on January 10, 2012, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at"

Please let me know the reason and possible scenario to get this mail from USCIS. I am really worrying why they reopened my approved decision. please help me


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It could be because of any possible reasons. Most common is suspicion of fraud, misrepresentation or lack of employee-employer relationship. Your employer will receive the notice with request of additional documentation soon. They should respond to it. They should get help from an experienced attorney.

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USCIS run a random review over a different period of time on various petitions to verify genuineness of that petition. You do not have to worry if you did not do anything wrong at first place. If your H1b was through consultant, chances are there that USCIS might ask for more documents from your employer to prove employer-employee relationship.

But anyways this review takes its own time starting from few months to a year.

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Thanks for your replies. If i got H1 when working with previous client and if i changed to another client. Do i need to apply H1 again(amendment) what is the max duration we can apply after leaving the first client? Please give your suggestions.

Is there any wrong if you din't apply

Once again thanks

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Yes, Ideally.... when you change clients your employer should have filed for an amendment... because the new client might be at a different location (city or state) that would require NEW LCA + job responsiblities at the new client might be different and not to mention different layers in between...

I dont think there will be max duration or something but ideally, amendment should be filed before starting with new client

Get in touch with your employer and their attorneys they should know better

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This is what I have been hearing of late. Please verify the genuineness. of what I am writing here.

The random checks whether a person is really working at the client location mentioned in the peition can be done usually before the H1 is approved or within 1 month after the approval.

I have heard of people who have been inspected by USCIS officials around 1 month after receiving the approval.

Its good to continue iwth the same client atleast 1 month after H1 approval. After that, if you wish to change, new LCA has to be filed by your employer.

I know it is not possible to stay with the client, if the client terminates the contract but in cases where you have an option to continue, it is better to stick with the client.

1 month is not a definite term...just a safe term.

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  • 1 month later...
  • 1 year later...


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