H-1B and BIA appeal - is that right?

B

BraveDane

New Member
Hi,
my case (petition for non-immigrant worker) was forwarded by the USCIS to the BIA (Board of Immigration Appeals) in March 2010. (I’m not the petitioner, I’m the beneficiary)

1) How long do I (and my former employer) have to wait for a decision? I can't find any wait times for BIA so I have no clue.

2) Is it common for H-1B cases to be sent to the BIA? I thought they normally went to AAO. My attorney doesn't seem to know either!

thanks.
 
The BIA is not the appellate body for that petition, the AAO is.

http://www.uscis.gov/portal/site/us...+Specialty+Occupation+or+Fashion+Model+(H-1B) This is a link to H1-B AAO Decisions. Have a look...

IF your case was sent to the BIA, it was either a mistake or there is something else going on besides an H1-B. OR it is a miscommunication about where it really went. Who told you that the H1-B denial was sent to the BIA? Do you have it in writing?
 
Yes I have it in writing. The Notice of Action letter from USCIS says that my case “has been forwarded to the Board of Immigration Appeals for adjudication of your case.” And the address of BIA is the one written on the notice. There is nothing about AAO.

It’s just a regular H-1B petition that was denied by the USCIS, we then sent them a motion to reopen, but the case was forwarded to BIA by the USCIS. Since then we haven’t heard from them, which I suppose we would if it had been transferred to AAO from BIA.
 
BraveDane said:
Yes I have it in writing. The Notice of Action letter from USCIS says that my case “has been forwarded to the Board of Immigration Appeals for adjudication of your case.” And the address of BIA is the one written on the notice. There is nothing about AAO.

It’s just a regular H-1B petition that was denied by the USCIS, we then sent them a motion to reopen, but the case was forwarded to BIA by the USCIS. Since then we haven’t heard from them, which I suppose we would if it had been transferred to AAO from BIA.
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Make inquiries in order to get to the bottom it.
 
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