gunaa Posted June 6, 2014 Report Share Posted June 6, 2014 Hi, I applied for H1B (2014 CAP visa) last year, which was denied because of employee-employer relation. As I have my OPT till Oct-2014 I dint go for the MTR. This year my H1B petition din't get selected in the lottery, now I want to know if I have any chance to request USCIS to reopen my last year(2014 CAP) H1B petition which is denied. Nothing changed since then, as I'm still with the same employer and working for the same vendor/client as last year. any suggestions or help will be most appreciated!! Link to comment
jairichi Posted June 6, 2014 Report Share Posted June 6, 2014 Hi, I applied for H1B (2014 CAP visa) last year, which was denied because of employee-employer relation. As I have my OPT till Oct-2014 I dint go for the MTR. This year my H1B petition din't get selected in the lottery, now I want to know if I have any chance to request USCIS to reopen my last year(2014 CAP) H1B petition which is denied. Nothing changed since then, as I'm still with the same employer and working for the same vendor/client as last year. any suggestions or help will be most appreciated!! That H1B petition is long gone. Generally, motions should be filed within 30 days from the date of the decision (not from the date it was received). The time for you to file your motion to reopen can only be extended at the discretion of USCIS if you demonstrate that the delay was reasonable and beyond your control. http://www.uscis.gov/forms/questions-and-answers-appeals-and-motions Link to comment
t75 Posted June 6, 2014 Report Share Posted June 6, 2014 YOU could not file to reopen since it is the employer's filing. Link to comment
gunaa Posted June 6, 2014 Author Report Share Posted June 6, 2014 @ jairichi: As I passed that 30 day period from the date of the decision, Is their any chance to appeal at this moment saying that my petition is not selected for 2015 CAP or it took time to get the client letter so as to support my delay to repond with in 30days. @ t75: I'm still with the same employer and they will support me if I have any chance to re open my 2014-CAP H1B petition. Thanks for your response!! Link to comment
jairichi Posted June 6, 2014 Report Share Posted June 6, 2014 @ jairichi: As I passed that 30 day period from the date of the decision, Is their any chance to appeal at this moment saying that my petition is not selected for 2015 CAP or it took time to get the client letter so as to support my delay to repond with in 30days. A year to get a client letter? IMO, USCIS will not entertain your MTR application. Check with your employer's attorney too. Link to comment
JoeF Posted June 6, 2014 Report Share Posted June 6, 2014 @ jairichi: As I passed that 30 day period from the date of the decision, Is their any chance to appeal at this moment saying that my petition is not selected for 2015 CAP or it took time to get the client letter so as to support my delay to repond with in 30days. @ t75: I'm still with the same employer and they will support me if I have any chance to re open my 2014-CAP H1B petition. Thanks for your response!! That application is gone forever. Link to comment
t75 Posted June 6, 2014 Report Share Posted June 6, 2014 YOU still cannot do anything. Employer-employee relationship is a major problem in EVC models. Find a direct employer. Link to comment
gunaa Posted June 7, 2014 Author Report Share Posted June 7, 2014 That H1B petition is long gone. Generally, motions should be filed within 30 days from the date of the decision (not from the date it was received). The time for you to file your motion to reopen can only be extended at the discretion of USCIS if you demonstrate that the delay was reasonable and beyond your control. http://www.uscis.gov/forms/questions-and-answers-appeals-and-motions As I passed that 30 day period from the date of the decision, Is their any chance to appeal at this moment saying that my petition is not selected for 2015 CAP or it took time to get the client letter so as to support my delay to repond in 30days.Thanks for your response!! Link to comment
gunaa Posted June 7, 2014 Author Report Share Posted June 7, 2014 YOU could not file to reopen since it is the employer's filing. I'm still with the same employer and they will support me if I have any chance to re open my 2014-CAP H1B petition. Thanks for your response!! Link to comment
JoeF Posted June 7, 2014 Report Share Posted June 7, 2014 As I passed that 30 day period from the date of the decision, Is their any chance to appeal at this moment saying that my petition is not selected for 2015 CAP or it took time to get the client letter so as to support my delay to repond in 30days.Thanks for your response!! How often do you need to hear the word NO until you understand it? The application is gone. Period. Link to comment
JoeF Posted June 7, 2014 Report Share Posted June 7, 2014 I'm still with the same employer and they will support me if I have any chance to re open my 2014-CAP H1B petition. Thanks for your response!! There is NO chance. The application is GONE. There is absolutely nothing that can be done. Zero. Link to comment
t75 Posted June 7, 2014 Report Share Posted June 7, 2014 No matter how many times you ask, YOU cannot do anything. The fact they are not discussing this with an attorney should give you a clue as to why the petition for you was denied. Give it up and find a new employer. Link to comment
gunaa Posted June 7, 2014 Author Report Share Posted June 7, 2014 thanks guys for your responses. I thought I can legally challenge a petition at any point thru some immigration court if I'm allowed to. Link to comment
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