USCIS wrongly rejecting H-1B petitions for insufficient funds

August 21, 2020
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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.

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