RFE status on my case.

USA H1B Visa
21

Hi Sourabh,

My status got not changed till now.Same message(On January 6, 2016, we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number XXXXX).I am asking my employer multiple times, and they replied like it will be done by 1 month kind of answers from last 3 months.As of now I have only Form I-797C pdf document got shared by my employer.Can I check any alternative with this status.My employer is not reachable all the times…Please advise on this.

Thanks,
Venkat.

22

Unfortunately, you have to rely on your employer for status updates. The only other way is to look online which you are already doing.

23

Hi Saurabh,

Today I have observed my case status got changed.That is like below.

Case Was Reopened
On July 15, 2016, we reopened your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXXXXX, and mailed you a notice.
Please follow the instructions in the notice. If you do not receive your reopening notice by August 14, 2016,
please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to How to Change Your Address | USCIS to give us your new mailing address.

Could you provide me details like what is this status and it there anything I need to do for this.

Thanks,
Venkat.

24

Ignore what I wrote earlier today. I mixed up the facts of your case and wrote something incorrect.

Your perition is now being reviewed again and USCIS’ notice to employer will have more information about it. This could be good news but doesn’t guarantee approval. Stay tuned to your status updates.

25

Hi Saurabh,

Thanks for the information.If we are not getting approval,Can we do anything for that situation(with the help of any other employer).As I am getting these doubts due to my long time waiting for this.My H1B petition is applied for 2015.its already 1 year crossed,but still so many status updates/changes.

Thanks,
Venkat.

26

Another employer can come into picture only after this petition has been approved. Until then, this petition is your only hope.

27

Hi Saurabh,

Could you please share the information like how much time normally takes for this
status update on reopened form I-129 for USCIS?

Thanks,
Venkat.

28

There is no SLA. I would guess few months (2-4), but again that’s just a guess.

29

Hi Saurabh,

As you know, I have paid for the premium process.is there is any luck to get result before instead of taking 2-4 months.?

Thanks,
Venkat.

30

Your petition was denied, and then the employer requested the case to be reopened, correct?

Your initial PP services do not extend to this and it will be processed at a slower pace. It should be done within next few months.

31

Hi Saurabh,

Today my status got updated like below.

Decision Notice Mailed
On August 10, 2016, we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXXX. We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by August 25, 2016, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to How to Change Your Address | USCIS to give us your new mailing address.

Please help me in this.What I have to do on this.

Thanks,
Venkat.

32

There is not much you can do. Your employer appealed against USCIS original decision, and USCIS has denied that. This is the end of the road for this petition. You would have to go through cap again when it opens.

33

Hi Sourabh,

As it got twice denied, my employer is not at revealed the reason mentioned by USCIS till now in 2 attempts.I am looking like, this will be positive in someway.As per your inputs I lost the hope.Any particular reasons for this type of situations? Come to my side all documentation is correct.I applied for the 2015 cap, now 2016 cap also over.so many months I have waited.

Any suggestion for the next step?

Thanks,
Venkat.

34

Without knowing the denial reasons it is not possible to know what went wrong and how it can be corrected or avoided in future. Most of the denials are either due to company’s profile or employee not being qualified for the offered position.

35

Hi Saurabh,

How are you.Till now I didn’t received any information from my employer on denial notice details.I am mailing to them and calling so many times but no response.May I complain some where on them to get the details and to proceed for further steps.

Thanks,
Venkat.

36

It is up to employer what they want to share with you re denial notice. USCIS cannot force them to share it with you.

The only action you can take is complain to USCIS and/or DOL if they took money from you for the H-1 filing.

37

Hi Saurabh,

I have simply requested the details with my employer all these days.But there is
no reply on this.I have paid money for this processing.Please suggest me what I can do.May I complain USCIS? If yes,How to do this.you mentioned in the previous reply like DOL…what is this abbrevation.

Thanks,
Venkat.