Didy Posted March 30, 2015 Report Share Posted March 30, 2015 Last year (for FY2015), my employer filed a petitiom for H1B but it did not make it through the lottery. When USCIS sent back the application, the attached a letter with a receipt# (but no applicant/petitioner #), telling us that the petition was received but did not made it to through lotlery. Therefore the petition was neither approved nor denied as it did not make through the lottery We are filing a new petition for FY2016 and we are wondering if the FY2015 petition is considered as a file petition despite the rejected because of the lottery and if we should refer to it in the new I129 form which mention it (Part 2 Q3 and Part 4 Q9) ? Link to comment
rahul412 Posted March 31, 2015 Report Share Posted March 31, 2015 No that's not a rejection. Link to comment
Didy Posted March 31, 2015 Author Report Share Posted March 31, 2015 No that's not a rejection. Is the FY2015 application considered as a file application by USCIS or not ? If yes, should it be marked as such in the I-129 for FY2016 application? Thanks in advance for the help Link to comment
rahul412 Posted March 31, 2015 Report Share Posted March 31, 2015 Is the FY2015 application considered as a file application by USCIS or not ? If yes, should it be marked as such in the I-129 for FY2016 application? Thanks in advance for the help I think no. Form I129 should be filed by your employer, so you stay out of it. Link to comment
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