I129 approved but COS denied. Seems like a clerical error. Way to go forward?

chinmaydutta

By chinmaydutta,
in H1B : General

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chinmaydutta Member

chinmaydutta

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Hi All,

My I129 got approved but my COS got denied. The reason mentioned for COS denial is I94 valid till Aug 2013. But I checked that my I94 is valid till August 2015. I had received a paper I94 earlier and in that I can see that August 2015 can be misread as August 2013 as the handwriting is illegible. Could you please suggest a way to go forward?

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jairichi Advanced Member

jairichi

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Posted

Hi All,

My I129 got approved but my COS got denied. The reason mentioned for COS denial is I94 valid till Aug 2013. But I checked that my I94 is valid till August 2015. I had received a paper I94 earlier and in that I can see that August 2015 can be misread as August 2013 as the handwriting is illegible. Could you please suggest a way to go forward?

Your attorney has to contact USCIS and get it rectified.

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chinmaydutta Member

chinmaydutta

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Hi Sir,

Thank you so much for the quick response. What if my attorney has filled the wrong information in  I129? What if he has filled August 2013 as my I94 expiry date itself ? Will that cause an issue ? Do I have to go in some other process to get it corrected. It has been 8 to 10 days since I was told regarding my COS denial but I think no action has been taken for this. I know I am asking too many questions. I want to get in touch with my attorney with all the informal information from forums so that I can ask him questions and clarify my queries.

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jairichi Advanced Member

jairichi

Posted
Posted

Hi Sir,

Thank you so much for the quick response. What if my attorney has filled the wrong information in  I129? What if he has filled August 2013 as my I94 expiry date itself ? Will that cause an issue ? Do I have to go in some other process to get it corrected. It has been 8 to 10 days since I was told regarding my COS denial but I think no action has been taken for this. I know I am asking too many questions. I want to get in touch with my attorney with all the informal information from forums so that I can ask him questions and clarify my queries.

Whoever has made the mistake it does not matter as your attorney has to contact USCIS to sort it out. What is your current status in US now? Another option is you can exit and enter US with a H1B visa.

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chinmaydutta Member

chinmaydutta

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Hi Sir,

Thanks again. My status is H4 currently. And I will ask my attorney to get in touch with USCIS to get it corrected. What I wanted to know was if my attorney has made a mistake while filling I129 will USCIS consider it as a clerical mistake and get it corrected or do I need to apply for H1b amendment with COS again ? :(

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jairichi Advanced Member

jairichi

Posted
Posted

Hi Sir,

Thanks again. My status is H4 currently. And I will ask my attorney to get in touch with USCIS to get it corrected. What I wanted to know was if my attorney has made a mistake while filling I129 will USCIS consider it as a clerical mistake and get it corrected or do I need to apply for H1b amendment with COS again ? :(

If it was your attorney's mistake a cap exempt H1B petition has to be filed and again H1B fees paid. I am sure your employer would suggest you to exit and enter US with H1B visa.

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