USCIS has sent back my packet on 9th saying one paper is missing in I 129 and my attorney sent back it again on night of Monday which is 11th and 12th quota was over.
So USCIS sent the packet back to attorney.
What can I do? Can we try using earlier receiving date or so. If yes what are the grounds or have we lost the chance completely.
My employer is cooperating and offered to even withdraw one another application filed for his close person but he is in India and I am here on L1. I checked with attorney to trade off application even! I am currently on payroll of another company.
Attorney refused to do any thing saying nothing can work!
Any urgent suggestions shall be helpful as its a very bad taste in mouth
I am sorry to say that you are completely out of luck this time. As per USCIS, the receipt date would be the date when the properly filed petition is received at the designated center. In your case, its 12th of June or later and quota got over on 11th June.
Excerpt from USCIS website:
If you file your petition incorrectly, we will reject the petition. Rejected petitions will not retain a filing date.
As your attorney rightly pointed out, petitions cannot be swapped. Even though the H1B petition is filed by the employer, the cap is attributed to the beneficiary (may be attached to his/her passport number) and cannot be transferred to another beneficiary by the petitioner.
I think you should continue with L1 and go for H1B for FY2014 quota which starts by April 2013. Or find a cap-exempt organization to file your H1B petition.
Thanks for your prompt answer. Its appreciated very much. However attorney was saying to keep checking quota and some times its gets available again or some thing etc. Its indeed quite unfortunate and attorney was also feeling bad for his mistake. It is what it is, loss is mine and employer’s only
I am not that sure on your attorney’s claim that the quota will become available for sometime. I really hope that he’s right and you get a chance. Whatever is the outcome, please share that with all RedBus2US followers.
Eventhough I do not have direct experience with USCIS processes, I haven’t read anything of that sort in any of the H1B related forums or in USCIS website.
