Legal Question in Immigration Law in New Jersey

My employer has submitted H1B file..after that we got the RFE (regarding New form

with additional TARP page)..but bymistake my employer sent again wrong form and I got denial notice..

I want to know which is best option...

1. Motion to Reopen

2. Motion to Reconsider

3. Appeal

I think..Motion to Reopen is best option for me ..

I also know ..if I do Motion to Reopen then I have to send I-290B form with addition document to same USCIS office that made the denial decision.. or chicago office..

Please advice me ..I'm really facing problem because my employer's mistake..


Asked on 9/15/09, 11:09 am

2 Answers from Attorneys
Patrick Klauss Berd & Klauss, PLLC

All the options you describe could require a lengthy adjudication. I am also not sure how viable an appeal/MTR would be based on the facts of your situation.

However, H-1bs are still available and re-filing may also be a more suitable option.

Feel free to contact us if you require assistance.

Read more
Answered on 9/21/09, 9:42 am
Scott Malyk Meyner and Landis LLP

Provided you are still employed, I would suggest that your employer file a new H-1B petition on your behalf. Please feel free to contact me for assistance in that regard.

Scott Malyk

www.meyner.com

www.corporateimmigrationlaw.com

Read more
Answered on 9/21/09, 10:25 am


Related Questions & Answers

More Immigration Law questions and answers in New Jersey