At the Law Offices of Sabrina Li, we turn challenging situations into success stories. Recently, we successfully filed an H-1B petition for a client despite initial rejections and missed deadlines. Discover how our expertise and strategic approach ensured the client was able to retain their job and take advantage of their H-1B registration selection.
Our client, a skilled professional in the tech industry, sought our assistance after encountering issues with his H-1B petition. Initially, his employer filed the petition on June 21, 2024, well before the June 30, 2024 deadline. Unfortunately, the petition was rejected due to bounced filing fee checks. After working closely with their attorney, the employer refiled the petition on July 18, 2024. Regrettably, this second submission was also rejected for being late.
Our client was lucky to be chosen in the FY 2025 H-1B cap registration lottery. Out of 470,342 eligible registrations, only 135,137 beneficiaries were selected. The client was excited to learn of his selection. However, after the second rejection, he was devastated to face the possibility of losing this opportunity and potentially the job he had worked so hard to secure. During this stressful and challenging period, the client contacted our firm for help.
Upon reviewing the file, we determined that the filing fee payment failure was due to circumstances beyond the client’s control. The initial petition was rejected because the checks bounced after Chase Bank prematurely froze the employer’s accounts. Although Chase’s notice indicated that the accounts would remain active until August 2024, transactions were halted after June, which led to the issue. The company’s attorney could have managed the subsequent late filing more effectively to persuade USCIS to accept it despite the delay.
In assisting the employer with the third attempt, we needed to demonstrate that the delay resulted from extraordinary circumstances. We also had to show that prompt corrective action was taken once the issue was identified.
We gathered all relevant documentation to prove that the delays were due to unforeseen issues with the financial institution, not the client's or employer's fault. Our attorney also drafted a comprehensive legal brief to support our request, emphasizing that the employer acted in good faith and took swift action to resolve the situation.
On August 21, 2024, we sent out the third filing, and this time, the employer received a receipt for the I-129 petition issued on August 26, 2024. The client was thrilled to hear the news and relieved that he could retain his job and remain eligible for H-1B status under the current cap.
When preparing to file an H-1B petition for the fiscal year, it’s crucial to understand the key deadlines and requirements to ensure a successful application. Generally, USCIS begins accepting H-1B cap-subject petitions on April 1 each year for beneficiaries named in valid "Selected" registrations.
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However, if you are among the unfortunate few whose H-1B filing was rejected or missed the deadline, don’t lose hope. An experienced immigration law firm like ours may be able to help turn the odds in your favor.
By sharing this story, we hope to highlight the importance of professional legal guidance in overcoming immigration challenges. Our founding attorney, Sabrina Li, is certified by the State Bar of California as a legal specialist in immigration and nationality law. Under her leadership, our legal team is well-versed in handling complex immigration matters. If you or someone you know is facing similar issues, contact our office today at (213) 375-8096 or email info@sabrinali.law to ensure you have the best possible representation throughout your immigration journey.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
