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H1B amended petition denied, now re-opened
Hey guys, here is my timeline:
My H1B petition was approved on June 20th, 2012. I got hired as Market Research Analyst.
However I was not given Change of Status from F1 to H1B, even though that was requested during the application.
Therefore, attorney suggested to file an amended H1B petition to request the change of status and receive a new I-94.
Unfortunately, the amended petition was denied. USCIS sent RFE asking the attorney to provide proof that Market Research Analyst is a "specialty occupation". My attorney did not provide such proof but instead argued that RFE was sent erroneously. USCIS then denied the amended petition and also sent a Notice of Intent to Revoke of the original petition that was approved on June 20th, 2012.
After this happened, my employer decided to change Immigration Attorney. New attorney prepared a 250pages document with different types of proof about Market Research Analyst position being a "specialty occupation" and sent it to USCIS.
Attorney also filed for a form I-290B, Motion to Reopen the decision.
USCIS received both documents during first week of August 2013.
• On February 25th 2014, we received a first update about for the Amended Petition that was denied:
On February 25, 2014, we mailed you a notice informing you that your I129, PETITION FOR A NONIMMIGRANT WORKER, was reopened.
(POST DECISION ACTIVITY)
• However the status for I-290B, Motion to Reopen is still in INITIAL REVIEW and says:
On August 2, 2013, we received this I290B NOTICE OF APPEAL TO THE COMMISSIONER, and mailed you a notice describing how we will process your case.
• As for the original H1B petition, for which we sent a response to the Notice of Intent to Revoke, we saw the very first update last week. On USCIS case status it says:
On March 7, 2014, your Alien Registration Number was changed relating to your I129, PETITION FOR A NONIMMIGRANT WORKER.
(INITIAL REVIEW)
I do not understand why the status for the amended petition says that it was re-opened, while the I-290B is still in initial review since over 6 months.
And as for the original H1B petition, I have no idea why it says that Alien Registration Number was changed. I never had such a number. Attorney said that it may just be a system error.
Can anybody please tell me what is going on?
Thank you!
My H1B petition was approved on June 20th, 2012. I got hired as Market Research Analyst.
However I was not given Change of Status from F1 to H1B, even though that was requested during the application.
Therefore, attorney suggested to file an amended H1B petition to request the change of status and receive a new I-94.
Unfortunately, the amended petition was denied. USCIS sent RFE asking the attorney to provide proof that Market Research Analyst is a "specialty occupation". My attorney did not provide such proof but instead argued that RFE was sent erroneously. USCIS then denied the amended petition and also sent a Notice of Intent to Revoke of the original petition that was approved on June 20th, 2012.
After this happened, my employer decided to change Immigration Attorney. New attorney prepared a 250pages document with different types of proof about Market Research Analyst position being a "specialty occupation" and sent it to USCIS.
Attorney also filed for a form I-290B, Motion to Reopen the decision.
USCIS received both documents during first week of August 2013.
• On February 25th 2014, we received a first update about for the Amended Petition that was denied:
On February 25, 2014, we mailed you a notice informing you that your I129, PETITION FOR A NONIMMIGRANT WORKER, was reopened.
(POST DECISION ACTIVITY)
• However the status for I-290B, Motion to Reopen is still in INITIAL REVIEW and says:
On August 2, 2013, we received this I290B NOTICE OF APPEAL TO THE COMMISSIONER, and mailed you a notice describing how we will process your case.
• As for the original H1B petition, for which we sent a response to the Notice of Intent to Revoke, we saw the very first update last week. On USCIS case status it says:
On March 7, 2014, your Alien Registration Number was changed relating to your I129, PETITION FOR A NONIMMIGRANT WORKER.
(INITIAL REVIEW)
I do not understand why the status for the amended petition says that it was re-opened, while the I-290B is still in initial review since over 6 months.
And as for the original H1B petition, I have no idea why it says that Alien Registration Number was changed. I never had such a number. Attorney said that it may just be a system error.
Can anybody please tell me what is going on?
Thank you!
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