Correcting filing mistake for H1-B petition?
May 15th 2009, 8:22 am
#16
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Joined: Sep 2007
Posts: 38
Re: Correcting filing mistake for H1-B petition?
Thanks again John,
The receipt number is hazy on the digital copy of checks and my bank does not send cashed check copies overseas(where I am at present). I will suggest these options to the university official, they might know lot more than me and should have the receipt number.
Thanks for your time and aid.
Here are a couple of ways you can try to contact TSC Premium Processing:
1. "If you have already filed a Request for Premium Processing Service and you need to contact the Service Center, call the Premium Processing Toll Free phone number at 1-866-315-5718. You will need to have your receipt number when you call, because this phone number is only for inquiries relating to Premium Processing Service."
As I mentioned before, you might be able to get the receipt #s from the back of the cancelled checks. They may require the employer to call in, but you can always try it first on your own.
2. [email protected]
I have not recently contacted TSC and cannot verify this contact information. They do at times change phone #s and/or email addresses. The information should work, however. I hope this will allow you to resolve the issue.
1. "If you have already filed a Request for Premium Processing Service and you need to contact the Service Center, call the Premium Processing Toll Free phone number at 1-866-315-5718. You will need to have your receipt number when you call, because this phone number is only for inquiries relating to Premium Processing Service."
As I mentioned before, you might be able to get the receipt #s from the back of the cancelled checks. They may require the employer to call in, but you can always try it first on your own.
2. [email protected]
I have not recently contacted TSC and cannot verify this contact information. They do at times change phone #s and/or email addresses. The information should work, however. I hope this will allow you to resolve the issue.
Thanks for your time and aid.
May 15th 2009, 8:31 am
#17
Banned
Thread Starter
Joined: Sep 2007
Posts: 38
Re: Correcting filing mistake for H1-B petition?
Thanks for your response.
Yes, they were cashed by USCIS.
This process is slow and more so if it is a university(where funding is less in recession). But, I appreciate your advice. I am more worried about the petition status. I am contacting the university official who needs to contact USCIS.
visa numbers should not matter to me as a university is applying for me which is cap exempt. USCIS does not hold fees, what I hear is some private contractors verify the application, en-cash the checks and then USCIS approves it. Lot of USCIS work is done by some contractors who might have cashed the checks first, then started looking at the application.
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None, of them apply to me as the employer is a university(cap exempt), not multiple or duplicate petitions, just some misunderstanding in who pays the fees.
I appreciate your post and time.
The first question is "Was the H-1B petition accepted by USCIS?" If USCIS has cashed the beneficiary's checks, that is a good indication it has been accepted. If the back of the cashed checks show a receipt number (e.g., EAC-01-234-56789), then it would appear USCIS has accepted the application for processing (i.e., it has not been rejected and therefore a traditional "return" of the filing fees along with the rejected application does not apply).
So, the second question is, "Is the accepted H-1B petition deficient or incomplete?" If USCIS issued a Request for Initial or Further Evidence asking that certain filing fees be paid by the Employer then it would appear USCIS is requesting that the employer pay the mandated fees (see below) in order to make the accepted application approvable and/or complete.
The final question is, "Will the Beneficiary be entitled to a refund of the duplicate fees s/he mistakenly paid?" Once USCIS accepts and cashes the replacement checks issued by the Employer, the Beneficiary can make a refund request of USCIS. However, this may take quite a long time. I would not waste my time trying to call USCIS. I would send a letter after my H-1B was approved documenting why I am entitled to a refund of the duplicative fees. USCIS has refunded fees in the past (in the form of treasury checks issued by USCIS - Office of Financial Management).
Bottom Line: Submit the replacement employer checks asap. Once the H-1B is approved or the replacement checks are cashed (I prefer the former not the latter), write a letter documenting why a refund should be issued, to whom, and for what amount (include copies of the front and backs of all relevant checks).
The final question is, "Will the Beneficiary be entitled to a refund of the duplicate fees s/he mistakenly paid?" Once USCIS accepts and cashes the replacement checks issued by the Employer, the Beneficiary can make a refund request of USCIS. However, this may take quite a long time. I would not waste my time trying to call USCIS. I would send a letter after my H-1B was approved documenting why I am entitled to a refund of the duplicative fees. USCIS has refunded fees in the past (in the form of treasury checks issued by USCIS - Office of Financial Management).
Bottom Line: Submit the replacement employer checks asap. Once the H-1B is approved or the replacement checks are cashed (I prefer the former not the latter), write a letter documenting why a refund should be issued, to whom, and for what amount (include copies of the front and backs of all relevant checks).
The Upside: I would consider this a situation much preferred over an outright rejection. Your application sounds like it has been accepted and therefore in line for an H-1B visa slot. If it was rejected and you resubmitted after all the H-1B visa numbers were used up, you would have no chance of getting an H-1B visa. In accepting the deficient/incomplete application, it sounds to me like USCIS just did you a good one. BTW - it may be that USCIS had to hold the fees provided by the Beneficiary (as if they were "in trust") in order to be able to accept (vs. reject) the petition and hold an H-1B visa number until the Employer submits the appropriate fees.
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Filing Fees Will NOT be refunded on Cap Exempt H-1Bs Adjudicated as Cap-Subject - As of March 24, 2008, 73 FR 15389 states if an H-1B application is submitted as cap-exempt but is adjudicated as cap-subject by USCIS, the USCIS will not refund any of the fees submitted ($320 I-129 fee, $500 fraud detection fee, and $1,000 premium processing fee).
An Employer is Prohibited from Filing Multiple Cap-Subject H-1B Applications for the Same Individual - A single employer may not file multiple H-1B cap-subject petitions on behalf of the same individual. In the unusual event that an employer extends two materially distinct job offers to one individual, once the H-1B number has been allocated for one H-1B petition, the employer is able to file an amended petition or a petition for concurrent employment to reflect the different nature of the duties that are associated with the second employment position. 73 FR 15389, INA ยง214(g)(7), 8 U.S.C. 1184(g)(7).
Duplicative H-1B Petitions are Prohibited - Often, an individual believes he or she may accept more than one position in order to increase his or her chances of being allocated an H-1B number. Although there are some limited instances where multiple employers (e.g., parent and subsidiary) may file multiple applications for the same individual, doing so may result in an RFE, or a notice of intent to revoke or deny. In cases where USCIS does not discover that duplicative or multiple petitions were filed until after approving them, this rule also provides that USCIS may revoke all such petitions as long as they were approved after March 24, 2008.
So, unless it falls within the narrow exception described above, the USCIS will either deny or revoke multiple petitions filed by an employer for the same H-1B worker and will not refund filing fees for duplicative or multiple H-1B petitions.
Rejected vs. Denied - H-1B cap-subject applications that are "lottery losers" will be returned as "rejected" (vs. "denied" after adjudication). Where there is no adjudication, the petition itself along with all fees will be returned to the petitioner. Where the USCIS has processed the H-1B petition and denies the application for an H-1B, processing has occurred (notwithstanding the denial)and therefore the filing fees will not be returned.
An Employer is Prohibited from Filing Multiple Cap-Subject H-1B Applications for the Same Individual - A single employer may not file multiple H-1B cap-subject petitions on behalf of the same individual. In the unusual event that an employer extends two materially distinct job offers to one individual, once the H-1B number has been allocated for one H-1B petition, the employer is able to file an amended petition or a petition for concurrent employment to reflect the different nature of the duties that are associated with the second employment position. 73 FR 15389, INA ยง214(g)(7), 8 U.S.C. 1184(g)(7).
Duplicative H-1B Petitions are Prohibited - Often, an individual believes he or she may accept more than one position in order to increase his or her chances of being allocated an H-1B number. Although there are some limited instances where multiple employers (e.g., parent and subsidiary) may file multiple applications for the same individual, doing so may result in an RFE, or a notice of intent to revoke or deny. In cases where USCIS does not discover that duplicative or multiple petitions were filed until after approving them, this rule also provides that USCIS may revoke all such petitions as long as they were approved after March 24, 2008.
So, unless it falls within the narrow exception described above, the USCIS will either deny or revoke multiple petitions filed by an employer for the same H-1B worker and will not refund filing fees for duplicative or multiple H-1B petitions.
Rejected vs. Denied - H-1B cap-subject applications that are "lottery losers" will be returned as "rejected" (vs. "denied" after adjudication). Where there is no adjudication, the petition itself along with all fees will be returned to the petitioner. Where the USCIS has processed the H-1B petition and denies the application for an H-1B, processing has occurred (notwithstanding the denial)and therefore the filing fees will not be returned.
I appreciate your post and time.
