EOS denied, please help us...

C

crown

New Member
My employer filed H1B(I-129) extension for me and H4(I-539) extension for my wife & kid under premium process in Feb 2010 ten days before our I-94 expiry.

1. Got a RFE in first week of March and replied with necessary paper work in April.
2. Got denied our petition (H1 & H4) showing the reason that end-client letter, project details, specialty of work.
3. Appealed with I-290B and with in one month my H1B is approved, but my EOS(I-94) got denied.
4. Because of my I-94 denial, the extension of H4 for wife and kid is denied.
5. The reason showing in USCIS letter for my EOS(I-94) denial is we applied H1B after my I-94 expired. But, we applied file H1-B 10 days before I-94 expires.

Now, our situation is I have approved H1B, but no I-94 and denied H4. My employer/attorney told that, it is USCIS mistake and we can send a letter to correct it. Yes, USCIS overlooked the dates and unable to justify our EOS.

But...

1. If my employer/attorney can send a letter to explain the mistake and give exact dates, Is USCIS listen and respond and positively ? If so, how soon ?
2. Or, Do we need to some kind of re-appeal with I-290B, but it is very expensive ? Is there any other way ? Do we need experience attorney in this matters ?
3. Or, Do we need to back to India and get stamped our passports and re-enter into country ? Can we get visa without problems.

Please shed some light on my problem and share your experience/knowledge, idea to solve. I am really in the position of confusion and scary situation. I don't what to do and how to solve the problem. Please I need your SUPPORT.
 
crown said:
My employer filed H1B(I-129) extension for me and H4(I-539) extension for my wife & kid under premium process in Feb 2010 ten days before our I-94 expiry.
------------------Do you have any evidence that your H1 extension Petition and H4 extension Petition was recieved BEFORE the I-94 got expied? what is the reciept date on H1 and H4 Ext filing reciepts
1. Got a RFE in first week of March and replied with necessary paper work in April.
2. Got denied our petition (H1 & H4) showing the reason that end-client letter, project details, specialty of work.
3. Appealed with I-290B and with in one month my H1B is approved, but my EOS(I-94) got denied.
4. Because of my I-94 denial, the extension of H4 for wife and kid is denied.
5. The reason showing in USCIS letter for my EOS(I-94) denial is we applied H1B after my I-94 expired. But, we applied file H1-B 10 days before I-94 expires.
------------------Do you have any evidence that your H1 extension Petition and H4 extension Petition was recieved BEFORE the I-94 got expied? what is the reciept date on H1 and H4 Ext filing reciepts? if you have evidence that USCIS got your petition BEFORE i-94 expiry date then mistake of USCIS. Provide them evidence of the reciept or Cashed check . It was mistake on your/your employer.lawyer part not to apply in advance and one can file 6 months advance of I-94 exiry date. May be the USCIS is counting to reciept date from the date your RFE was recieved by them. Cantact your lawyer for more info
Now, our situation is I have approved H1B, but no I-94 and denied H4. My employer/attorney told that, it is USCIS mistake and we can send a letter to correct it. Yes, USCIS overlooked the dates and unable to justify our EOS.

But...

1. If my employer/attorney can send a letter to explain the mistake and give exact dates, Is USCIS listen and respond and positively ? If so, how soon ?
2. Or, Do we need to some kind of re-appeal with I-290B, but it is very expensive ? Is there any other way ? Do we need experience attorney in this matters ?
3. Or, Do we need to back to India and get stamped our passports and re-enter into country ? Can we get visa without problems.

Please shed some light on my problem and share your experience/knowledge, idea to solve. I am really in the position of confusion and scary situation. I don't what to do and how to solve the problem. Please I need your SUPPORT.
Click to expand...
----------------- your have lawyer and paid him. get full info from him
 
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