itsme5 Posted July 27, 2015 Report Posted July 27, 2015 Hello, Kindly treat this as URGENT! My H1-B petition was submitted in April 2015 in premium processing. I have "Receipt Notice" in hand. RFE was issued and then subsequently responded by my company law firm. My H1-B was approved in May 2015. I have "Approval notice (I-797)" in hand. However, now my company lawyer is stating that "My H1-B petition was returned to the law office as it was not selected in the lottery". Questions: Is this situtation possible? Can USCIS return the packet after they have issued an approval notice? Has anyone seen such a case? What should be my questions to the law firm of my company? Any help would be appreciated.
jairichi Posted July 28, 2015 Report Posted July 28, 2015 Your attorney has to contact USCIS & get this issue cleared. Nothing else.
rahul412 Posted July 28, 2015 Report Posted July 28, 2015 Petition returned after approval?? How can that be possible?? Did you check the 797 details?
skanthsri Posted July 28, 2015 Report Posted July 28, 2015 Is this situtation possible? No, I think it was a mistake Can USCIS return the packet after they have issued an approval notice? No, Possibly a mistake Has anyone seen such a case? Not so far What should be my questions to the law firm of my company? Just say what happened and they might take care of it.
itsme5 Posted July 29, 2015 Author Report Posted July 29, 2015 Hello, Thank you for all the responses. I had a phone conversation with my company attorney today. Company attorney said the following: "I-94 number on H1-B approval notice does not match the I-94 number on white colored card on the passport". So this approval notice does not belong me even though it has my name and birthdate. Secondly, she emailed me a copy of H1-B rejection notice. Because the company lawyer has received rejection notice and also the I-94 number on H1-B approval notice does not match the white colored card on my passport, my company lawyer is saying that this H1-B approval does not belong to me. She says that this I-94 number belongs to some other candidate. Is this possible? Please help me. What should I do? She says she cannot do anything, I should try my luck in the lottery again next year. Can someone please help me? Thank you.
jairichi Posted July 29, 2015 Report Posted July 29, 2015 Employer or attorney has to contact USCIS & get it cleared.
rahul412 Posted July 29, 2015 Report Posted July 29, 2015 I never saw this kind of scenario. Something is wrong in your case, AFAIK its not mandatory for you have same I94 with the approval notice. Are you working for consulting firm?
JoeF Posted July 29, 2015 Report Posted July 29, 2015 While the I-94 numbers usually match, that is not always the case. So, them not matching doesn't really say much. Of course, if the number matches somebody else's, who also had an H1 petition, then the approval may be for that person. I-94 numbers are unique and not given to multiple people. In any case, this is something that the lawyer has to clear up with USCIS.
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