USCIS wrongly rejecting H-1B petitions for insufficient funds

August 21, 2020
×Close
We have learned that the USCIS is wrongly rejected several H-1B petitions claiming insufficient funds in the bank account to honor the check issued by the attorney/petitioner.  USCIS rejected and returned the Petition claiming that the filing fee was returned by the financial institution for insufficient funds.  In reality, these bank accounts had more than sufficient funds to honor the checks.   As per the USCIS policy, the Petitions rejected for insufficient funds reason will not retain the original filing date.  If at the time of resubmission, the I-94 has expired, USCIS will consider these petitions as untimely and will reject the extension of status/change of status request for not filing the Petition before the end of Beneficiary's status. The petitioners are urged to file these petitions with a 'nunc pro tunc' request to excuse the undue delay and to point out that the original rejection was due to the USCIS error and that the petitioner had timely file the petitions.  Bank statements showing the availability of sufficient funds during the period of filing the initial submission must be provided along with the resubmission.

Related News

VIEW ALL
Processing Change for Certain Form I-730 Petitions

On January 12, 2018, USCIS changed the processing location for certain Form I-730, Refugee/Asylee Relative Petition, filings. Previously the Service Center Operations Directorate processed these filings. Now, the International Adjudications Support Branch (IASB) in the Refugee, Asylum, and International Operations Directorate will process the petitions filed by individuals who were admitted to the United States […]

Supreme Court blocks Trump from ending DACA

The Supreme Court on Thursday blocked the Trump administration’s attempt to end Deferred Action for Childhood Arrivals, an Obama-era program that protects hundreds of thousands of immigrants brought to the US as children from deportation.   The 5-4 ruling was written by Chief Justice John Roberts and joined by Justices Ruth Bader Ginsburg, Elena Kagan, […]

How Trump is quietly rewriting US immigration policy

USCIS has just announced that they are now extending the suspension of CAP subject H-1B petitions all the way until February 19, 2019.