New York  |  Immigration Law

Legal Question

Asked on: 4/15/09, 12:33 am

H1B denial - failed to maintain status

I have filed my H1B extension in a timely manner but to a wrong service center and by the time it came back to my HR, it was already after my H1B has expired. But as soon as I got the package, I sent it to the correct service center (at this point, 10 days after the expiration date). The bad part is that I enclosed the blue slip that said this has been sent to the wrong service center and I should forward it to the correct one without making a copy.

Today, my HR told me that I received an approval letter and a denial letter which conflicts each other. When my benefit manager inquired the USCIS, they said that the denial letter overrides the approval letter. In the denial letter it says that I failed to maintain status. Obviously, this was not my intention and it was an accident. I see on the code of federal regulation that there are some exception to this. I have been a law abiding citizen with exceptional employee record. Would I qualify? And what are the chances of cases like this to be overturned and how long would it take for the case to be reviewed? During the reviewing time, am I eligible to work?

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