"USCIS has determined that it erroneously issued a receipt notice and/or e-mail confirmation of receipt in connection with the above referenced petition.
The I-129 petition listed above has been administratively closed, meaning that USCIS will not continue to process the case. Because this filing is subject to the H-1B numerical limitation, the employment start date cannot be prior to October 1, 2019. You requested an employment start date of July 1, 2019
A refund will be issued under a separate cover letter"
Can any of the attorney guru’s or my fellow H-1b gurus assist on the above. It is kind of deceiving if USCIS had made a mistake or the well known law firm created this blunder? Whose fault it is ? if the attorney had made a blunder can they reopen the same petition since it is their clerical mistake. If not can I file a lawsuit against them?
It is your law firm’s blunder. Unfortunately, you were picked in lottery, but got unlucky with their administrative issue. Here is an example of same issues - H1B Rejected Attorney Error.
The first line tells that, it was USCIS mistake to give you a receipt notice. “We should have verified that the start date, so it was wrong on your side and we missed that part, so sending it back now”… Ask them to share a copy of the filed I-129 and verify the start date on it…
Well, unfortunately, nothing mate…Yes, you were lucky and unlucky…not your fault, but cannot do much now…Dont worry about it too much…As Steve Jobs said “Sometimes life hits you with a brick…”. Hope good things await you ! Stay positive and move on…
Thank you for the consolation, Kumar.
I was being told by the attorney that may be we can open a service request with USCIS and a due process argument with USCIS because similar cases to these for this year they have received an RFE but not in my case.
Are you aware of due process argument and service request with USCIS will help or is this just made up by the attorney?
I am not aware of anything as such. If it was not attorney’s mistake and they have proof, they can raise it and maybe try to sort it out. I have not heard many cases like that…
Also, would you mind sharing the full letter here, by removing all the personal info in it for everyone benefit…
Hi MNIR, I am facing the same issue my attorney made some mistake in my H1B application and I got the denial from USCIS without any REF. Did you got any positive response from USCIS with opening a service request or due process argument?
