I-129 H1B problem

[zibrnp 2]

Hello,

My lawyer send via Fedex I-129 petition (premium processing) to Vermont USCIS center.

USCIS did not send confirmation email to the lawyer that they received petition so she called USCIS.

At the beginning they were saying that they received big amount o petitions and it will take longer to receive confirmation.

So we were waiting until the answer should come (15 days) and it turned out that they do not have petition. It is impossible that USCIS did not get that Fedex envelope because we have confirmation from Fedex that envelope was delivered to USCIS center and signed for.

Now USCIS is trying to determine what happened to that envelope.

My question is if they answer that they do not have it what are my options? My previous status (F1) already expired but petition was filed when status was valid....

Regards, Tom

[Boiler 45,753]

What does your Employer's Lawyer say?

Generally you have to be in status to adjust status.

[zibrnp 2]

Hi,

Now we are waiting for USCIS answer. The question is what happened to Fedex envelope they signed for.

I think options are three:

- USCIS will find petition and it will be process.

- USCIS will tell us that they do not have it and I can apply again from my country technically being illegally in US right now.

- USCIS will let us file petition again and it will be process with old date.

Those are my guesses, lawyer said that they have to have it is impossible.... But when I asked what if they say no we do not have it. She said that she does not know because it never happened before

I think we would win this case in immigration court because USCIS signed for envelope so if they do not have it somebody made mistake either misplacing petition or signing for package that they did not get it (this also would be Fedex fault). Court option would take months I guess so this is not good way to do it.

So situation is very bad....

Does anyone experienced similar situation?

Tom

[Boiler 45,753]

You may have evidence they signed for an envelope. But not what was in it.

Court cases can take years.

[zibrnp 2]

Hello,

So finally the situation with my missing petition is solved.

I would like to finish this story for future reference.

Originally my I-129 petition was submitted to USCIS Vermont on November 10th (we have Fedex proof that envelope was delivered that day).

After 15 days we didn’t get an answer from USCIS if they approved or not petition.

My lawyer called USCIS Vermont, they told him that they don’t see this case in the system so he sent via email all the documentation to them with FedEx proof of delivery.

After couple of days they founded it and sent it back to the lawyer telling that there isn’t enough fee… (That wasn’t true they made mistake).

When lawyer opened envelope from USCIS (on November 29th) stamp on the I-129 petition was “Received November 10th” stamp made by USCIS Vermont.

The lawyer wrote long letter explaining what happened. She told them that they made mistake and lost petition. She asked them to process this case even I was out of status at that time.

Long story short they approved my petition around December 10th.

To the “Boiler” who commented my case:

Thanks for taking time and answering me but the statement you wrote, “You may have evidence they signed for an envelope. But not what was in it.” is one of the less professional I have ever seen in my life. You shouldn’t be allowed to write anything on this forum.

This statement tells everybody that you don’t have idea what you are talking about. If you sent something to any government organization via mail it’s always registered and if something is missing they should immediately let you know.

It isn’t like they are not responsible for anything there.

They have rules that tell them how mail should be managed.

Regards, Tom