Hi,
My wife completed her residency/fellowship on j1. she got a waiver job and the waiver was approved. However, she wanted to start the job from aug 1. but for some reason USCIS approved H1B from Oct 1 as CP. We are a little bit frustrated with our attorney over this matter. our attorney insists that it is a error on USCIS part and they sent in a fax to correct the error on June 27. Our attorney said that we could expect an answer in 2 weeks but we haven't heard any reply so far. What is the usual procedure to correct such mistakes and what would reasonable time USCIS responds to such requests. We called USCIS customer service number to find the status and they kept on saying that we should happy that the petition was approved. Finally our attorney advised us to refile for H1B. Now we are seriously questioning their competence as we found a mistake in the application the filled on for 2nd filing. They filled in the it was being filed as an ammendment case but indicated it as being a new application in a different part of the form. Upon questioning they admitted that it is a mistake on their part. Funny thing is that mistake would have cost $1500. Thats a long story.
Questions:
1. Is it common for USCIS to issue H1B approvals starting Oct 1 (thought it is a waiver case and is not subject to numerical limitations)
2. If there is a procedure to correct such errors what is it?
3. Does refiling H1B help at all?
Thanks for your response in advance.
My wife completed her residency/fellowship on j1. she got a waiver job and the waiver was approved. However, she wanted to start the job from aug 1. but for some reason USCIS approved H1B from Oct 1 as CP. We are a little bit frustrated with our attorney over this matter. our attorney insists that it is a error on USCIS part and they sent in a fax to correct the error on June 27. Our attorney said that we could expect an answer in 2 weeks but we haven't heard any reply so far. What is the usual procedure to correct such mistakes and what would reasonable time USCIS responds to such requests. We called USCIS customer service number to find the status and they kept on saying that we should happy that the petition was approved. Finally our attorney advised us to refile for H1B. Now we are seriously questioning their competence as we found a mistake in the application the filled on for 2nd filing. They filled in the it was being filed as an ammendment case but indicated it as being a new application in a different part of the form. Upon questioning they admitted that it is a mistake on their part. Funny thing is that mistake would have cost $1500. Thats a long story.
Questions:
1. Is it common for USCIS to issue H1B approvals starting Oct 1 (thought it is a waiver case and is not subject to numerical limitations)
2. If there is a procedure to correct such errors what is it?
3. Does refiling H1B help at all?
Thanks for your response in advance.