samudra003
New Member
I came to USA on a H1b visa through company A and never left the company. After a while(2 yrs) my company changed its name to Company B. Company B(successor of Company A) applied and got an extension on my H1. Another 2 yrs later my company B changed its name to Company C(successor of company B). Now Company C applied for an extension of my H1.
Here is what happened
1. First time Company C applied for my H1 extension with I-129 form and also showed Company C as successor of Company B.
INS returned application saying you did not include a properly
completed INS form. Under 8 CFR 214.2(h)(19)(vi), a properly completed INS form I-129W must accompany each INS form I-129. Please fill out an I-129W form.
2. So second time my Company C filed with form I-129W.
INS sent intent to deny the petetion under section 214 of INA act
saying that $1000 ACWIA fee must be submitted because there is not enough proof to show that this is your 2nd extension from the same company.
3. So third time my company sent additional evidence to establish
the eligibility for $1000 ACWIA fee exemption. ( This was my employer's decision not mine, my suggestion was to send the fee and get out of this problem.)
Now INS has sent it to Appeals Unit (AAU) saying that grounds for denial have not been overcome. It also says the record does not include a response to this service's intent to deny notice. Therefore your petition is denied and a notice of appeal must be filed within 30 days to the commissioner with a $110 fee.
1Q. Is there a way I can get out of this problem by paying the $1000 fee (ACWIA) at this stage (as it has gone to appeals unit)?
2Q. How long does it take once it has gone to appeals stage?
3Q. Can I send evidence that this is a 2nd extension as well as $1000 fee because I am not sure if INS rejects the fee at this stage and asks only for evidence? And if evidence is not enough then I would like the fee to be taken into conideration? Can this be done?
4Q. Can premium processing be done in this case?
Please help me by giving me your advise as I am in dire straits. Sometimes my employer does not listen to me and I dont know what to do. Please help.
Thanks in advance.
Here is what happened
1. First time Company C applied for my H1 extension with I-129 form and also showed Company C as successor of Company B.
INS returned application saying you did not include a properly
completed INS form. Under 8 CFR 214.2(h)(19)(vi), a properly completed INS form I-129W must accompany each INS form I-129. Please fill out an I-129W form.
2. So second time my Company C filed with form I-129W.
INS sent intent to deny the petetion under section 214 of INA act
saying that $1000 ACWIA fee must be submitted because there is not enough proof to show that this is your 2nd extension from the same company.
3. So third time my company sent additional evidence to establish
the eligibility for $1000 ACWIA fee exemption. ( This was my employer's decision not mine, my suggestion was to send the fee and get out of this problem.)
Now INS has sent it to Appeals Unit (AAU) saying that grounds for denial have not been overcome. It also says the record does not include a response to this service's intent to deny notice. Therefore your petition is denied and a notice of appeal must be filed within 30 days to the commissioner with a $110 fee.
1Q. Is there a way I can get out of this problem by paying the $1000 fee (ACWIA) at this stage (as it has gone to appeals unit)?
2Q. How long does it take once it has gone to appeals stage?
3Q. Can I send evidence that this is a 2nd extension as well as $1000 fee because I am not sure if INS rejects the fee at this stage and asks only for evidence? And if evidence is not enough then I would like the fee to be taken into conideration? Can this be done?
4Q. Can premium processing be done in this case?
Please help me by giving me your advise as I am in dire straits. Sometimes my employer does not listen to me and I dont know what to do. Please help.
Thanks in advance.