H-1 B petition was improperly rejected by USCIS with out any reason, due to a CIS error

[klupsa]

Hello Every one,

Can you please give me an advice for the following case,

My wife current visa status is H4, an IT company filled her H-1B petition in this year quota, however the application was reached on time (before June 11th), her H-1 B petition was improperly rejected by USCIS with out any reason, due to a CIS error. Seeing this her company attorney immediately submitted a request(after June 11th i.e when USCIS announced that the quota is full for this year) to the ombudsman's office at USCIS for assistance in resolving her case. And until now, we didn't hear anything from USCIS regarding wether they will accept the petition or not.

1) Is there any chance that the ombudsman's office will help us in considering the petition? Did anything happened like this before.

2) Recently I joined a new company, and my wife H-4 status was also extended, originally when H-1 B petion was filled for her, her I-94 was based on my old company I-797 dates. What I am supposed to do now.

3) Considering that ombudsman's office will help in considering her H-1 B petiton, in this case can she travel to India during this period and come back to USA on H-4 before the H1-B petion is approved?

Forum gurus please give me an advice on the above described three cases, she has an urgent need for her to travel to India.

Thank you all in advance.

[BenjaminTK]

I think, the only option that is with you is to keep following with your attorney and have him/her check for the status. I havent heard of such a case before. Did they mention clearly what the CIS error was?

[JoeF]

Hello Every one,

Can you please give me an advice for the following case,

My wife current visa status is H4, an IT company filled her H-1B petition in this year quota, however the application was reached on time (before June 11th), her H-1 B petition was improperly rejected by USCIS with out any reason, due to a CIS error.

Why do you think it was an error by USCIS?

[klupsa]

JoeF,

I dont have any proof just believing on attorney's words, attorney said that it was improperly rejected by USCIS with out any reason. It was happened due to an error so they submitted a request in ombudsman's office at USCIS for assistance in resolving her case.

Thanks you.

[rahul412]

JoeF,

attorney said that it was improperly rejected by USCIS with out any reason. It was happened due to an error

JoeF, is that possible??

[JoeF]

JoeF,

I dont have any proof just believing on attorney's words, attorney said that it was improperly rejected by USCIS with out any reason. It was happened due to an error so they submitted a request in ombudsman's office at USCIS for assistance in resolving her case.

Thanks you.

Well, you may want to ask the lawyer for details.

My suspicion is that the lawyer's office made a mistake. USCIS usually doesn't just reject things without explanation.