Selected in Lottery, Received Receipt Number, Later found Not Selected in lottery !!!

cozmokewl

By cozmokewl,
in H1B : General

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cozmokewl Newbie

cozmokewl

Posted
Posted

Hello,

 

April: Received Receipt Number after getting selected in the lottery.

 

August: Called my Petitioner(Company A) to find out that my application has been returned along with my check!!! How is that possible as one receives the Receipt number only after the check is deposited.

 

To summarize the discussion with my petitioner told:

USCIS returned my application/petition 1 month ago(July)... Surprized!!!

 

My Petitioner said the application fee was although not deducted but were anticipating that will be deducted eventually.

Our attorney replied to USCIS asking why was the receipt number provided if were not selected in the lottery and they USCIS replied saying that it was a HUMAN ERROR to provide you with the lottery.

 

What can be the next steps I can take to possibly reopen the case hoping if USCIS might reconsider, since they could have accommodated me since it was their mistake(as out of 60,000 cap not everyone gets selected).

 

Company A won't do anything now as they are already saying that we will try again in the coming year.

jairichi Advanced Member

jairichi

Posted
Posted

Hello,

 

April: Received Receipt Number after getting selected in the lottery.

 

August: Called my Petitioner(Company A) to find out that my application has been returned along with my check!!! How is that possible as one receives the Receipt number only after the check is deposited.

 

To summarize the discussion with my petitioner told:

USCIS returned my application/petition 1 month ago(July)... Surprized!!!

 

My Petitioner said the application fee was although not deducted but were anticipating that will be deducted eventually.

Our attorney replied to USCIS asking why was the receipt number provided if were not selected in the lottery and they USCIS replied saying that it was a HUMAN ERROR to provide you with the lottery.

 

What can be the next steps I can take to possibly reopen the case hoping if USCIS might reconsider, since they could have accommodated me since it was their mistake(as out of 60,000 cap not everyone gets selected).

 

Company A won't do anything now as they are already saying that we will try again in the coming year.

You can not do anything. Any possible step could be taken only by petitioner i.e. your employer. 

aru27 Advanced Member

aru27

Posted
Posted

This is just amazing. I cannot believe this. 

 

Talk to murthy lawyers "HUMAN ERROR."  can you not take this up. 

 

Is this possible. It's someone's career.

JoeF Advanced Member

JoeF

Posted
Posted

This is just amazing. I cannot believe this. 

 

Talk to murthy lawyers "HUMAN ERROR."  can you not take this up. 

 

Is this possible. It's someone's career.

Yes, it is possible. USCIS people are humans as well, even though it sometimes doesn't look like that.

And acceptance of the application doesn't guarantee approval, so there is not really a career issue here.

Even approved H1s can be revoked.

 

In any case, the H1 is the employer's application, so only the employer could try to do anything about it.

rahul412 Advanced Member

rahul412

Posted
Posted

This is just amazing. I cannot believe this. 

 

Talk to murthy lawyers "HUMAN ERROR."  can you not take this up. 

 

Is this possible. It's someone's career.

What you have heard is right, "HUMAN ERROR". But OP should be happy that it was just selection of the petition, I saw few cases in this forum whose H1's were revoked after approval. Again the reason was "HUMAN ERROR".

jairichi Advanced Member

jairichi

Posted
Posted

What you have heard is right, "HUMAN ERROR". But OP should be happy that it was just selection of the petition, I saw few cases in this forum whose H1's were revoked after approval. Again the reason was "HUMAN ERROR".

Wow, that would be a heartbreaker

aru27 Advanced Member

aru27

Posted
Posted

Human error can happen for decision stages for obvious reasons. Decision cannot be made by a computer for any application till date.

Not for application getting selected in lottery and a receipt number is generated.

 

Why are everything so vague here. can somebody please answer. 

 

Then I need to know the process:

1. All applications received, only 65k are selected by whom human/computer?

2. Who issues a receipt number human/computer?

 

Here are the issue is till September you have a chance that you have not selected in lottery? The employers will happily say that we cannot do anything.

 

 

Look at the months posted in April somebody is sure that her application  will reach a decision stage as oppose to it will not?

 

then we have a whole year and can do things accordingly. I am asking all this so that I can plan for next year.

 

Just to quote:

I went India recently and had my non-expired visa stamped by my previous employer. No questions asked when I showed my present I797.

 

Murthy law mentioned the process very clearly. This is an amazing forum/website.All salutes.

JoeF Advanced Member

JoeF

Posted
Posted

Human error can happen for decision stages for obvious reasons. Decision cannot be made by a computer for any application till date.

Not for application getting selected in lottery and a receipt number is generated.

 

Why are everything so vague here. can somebody please answer.

We are vague because we don't work for USCIS.

Only they know how the process works in detail.

aru27 Advanced Member

aru27

Posted
Posted

Then I need to know the process:


1. All applications received, only 65k are selected by whom human/computer?


2. Who issues a receipt number human/computer?


 


Here are the issue is till September you have a chance that you have not selected in lottery? The employers will happily say that we cannot do anything.


 


The problem most of the times we do not get access to the attorneys and employers tell us something else.


 


Any info on this will be appreciated.


jairichi Advanced Member

jairichi

Posted
Posted

 

Then I need to know the process:

1. All applications received, only 65k are selected by whom human/computer?

2. Who issues a receipt number human/computer?

 

Here are the issue is till September you have a chance that you have not selected in lottery? The employers will happily say that we cannot do anything.

 

The problem most of the times we do not get access to the attorneys and employers tell us something else.

 

Any info on this will be appreciated.

 

I believe you are talking something in line with RTI (Right To Information) act in India. I do not know the process in US. But, you could google it and get information on how to proceed.

JoeF Advanced Member

JoeF

Posted
Posted

 

Then I need to know the process:

1. All applications received, only 65k are selected by whom human/computer?

2. Who issues a receipt number human/computer?

 

Here are the issue is till September you have a chance that you have not selected in lottery? The employers will happily say that we cannot do anything.

 

The problem most of the times we do not get access to the attorneys and employers tell us something else.

 

Any info on this will be appreciated.

 

It is not your application.

Therefore, you can NOT do anything about it. If the employer doesn't want to do anything about it, you are sool (look up what that means...)

And the information about how the selection process works is something that the general public also doesn't get to know.

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