H1-B appeal with AAO - status update

[IvP 5]

Hi,

 

My H1-B got denied last year, and my company decided to file an appeal with Administrative Appeals Office last September. I just saw that my case status got updated with the following and I was wondering if anyone knows whether this is positive or negative? Yes, I do understand it's not possible to tell from this and that my best bet is to wait for an official notice, but I was hoping someone saw this case status before and I can learn something about it before I hear back from the processing center. Thank you for taking the time to read this!

 

Case Was Relocated From Administrative Appeals Office To USCIS Originating Office

On March 13, 2020, the Administrative Appeals Office (AAO) transferred your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACxxxxxxxxxx, to the USCIS office that made the original decision on your case. That office will mail you our decision or send you a request if it needs something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

[uilliu 5]

6 hours ago, Ivor said:

Case Was Relocated From Administrative Appeals Office To USCIS Originating Office

Usually (from what I've heard) people receive RFE or get interviews scheduled at their local office when this happens. It means that they can't make the decision yet and they will keep going over your files. 

[IvP 5]

14 hours ago, uilliu said:

Usually (from what I've heard) people receive RFE or get interviews scheduled at their local office when this happens. It means that they can't make the decision yet and they will keep going over your files. 

Thank you for responding! Are you sure this goes for H1B visas as well? I guess I can see them sending another RFE (it would be kinda odd since my company already responded to one before I got denied), however, I don't see what the interview would be about. Once again, thank you for taking the time to respond!

[Boiler 43,401]

Well it is positive in that they have reviewed your case, I assume you are more focused on their conclusion and that you will need to wait for.

[IvP 5]

Yup, that's why I figured but still had to check. Appreciate your response! 

[IvP 5]

For anyone wondering my H1B got approved. However, I cannot guarantee that all the cases with this status update are/will be approved. 

[Reena Padmanabhan 1]

On 3/22/2020 at 4:52 AM, Ivor said:

For anyone wondering my H1B got approved. However, I cannot guarantee that all the cases with this status update are/will be approved. 

How long did take for you to get the status updated  as approved from  “Case Was Relocated From Administrative Appeals Office To USCIS Originating Office”.Please share

 

Thanks

[Reena Padmanabhan 1]

On 3/17/2020 at 5:02 AM, uilliu said:

Usually (from what I've heard) people receive RFE or get interviews scheduled at their local office when this happens. It means that they can't make the decision yet and they will keep going over your files. 

I too got the same update on March 20.Did you get any further update on your case?

[IvP 5]

7 minutes ago, Reena Padmanabhan said:

How long did take for you to get the status updated  as approved from  “Case Was Relocated From Administrative Appeals Office To USCIS Originating Office”.Please share

 

Thanks

Hi Reena! My case status still hasn't updated to approved - the old website still says "Case Was Relocated..." and the new one (my.usics.gov) just says "We Received Your Case". However, I did receive a copy of the AAO ruling that says that my appeal was accepted and that they'll advise the USCIS to approved my H1-B.

 

Have you checked with your lawyers if they received anything? My understanding is that this type of correspondence is always done via regular mail, so it might take a bit to get the letter considering the current situation.

[Reena Padmanabhan 1]

23 minutes ago, Ivor said:

Hi Reena! My case status still hasn't updated to approved - the old website still says "Case Was Relocated..." and the new one (my.usics.gov) just says "We Received Your Case". However, I did receive a copy of the AAO ruling that says that my appeal was accepted and that they'll advise the USCIS to approved my H1-B.

 

Have you checked with your lawyers if they received anything? My understanding is that this type of correspondence is always done via regular mail, so it might take a bit to get the letter considering the current situation.

Thank you! Attorney is yet to get an update on the case.Don’t know how long will it take then if it is regular mail.

[IvP 5]

17 minutes ago, Reena Padmanabhan said:

Thank you! Attorney is yet to get an update on the case.Don’t know how long will it take then if it is regular mail.

So I just checked, my letter arrived exactly 7 days after the status changed to  “Case Was Relocated From Administrative Appeals Office To USCIS Originating Office”. One thing to note is that my lawyers are on the east coast so that might've played a role since the AAO is in DC.

Edited April 13, 2020 by Ivor

[Reena Padmanabhan 1]

On 4/13/2020 at 6:40 PM, Ivor said:

Hi Reena! My case status still hasn't updated to approved - the old website still says "Case Was Relocated..." and the new one (my.usics.gov) just says "We Received Your Case". However, I did receive a copy of the AAO ruling that says that my appeal was accepted and that they'll advise the USCIS to approved my H1-B.

 

Have you checked with your lawyers if they received anything? My understanding is that this type of correspondence is always done via regular mail, so it might take a bit to get the letter considering the current situation.

Hey i got the information from the attorney that my appeal is approved,However they are yet to receive the i797 approval notice.How long does it take to get the approved petition and also what was the petition start date ? Petition start date will be appeal approved date or the extension filing date? please let me know

 

Thanks

Reena

[IvP 5]

2 minutes ago, Reena Padmanabhan said:

Hey i got the information from the attorney that my appeal is approved,However they are yet to receive the i797 approval notice.How long does it take to get the approved petition and also what was the petition start date ? Petition start date will be appeal approved date or the extension filing date? please let me know

 

Thanks

Reena

Hi Reena! I actually have no idea how long it takes to receive the approved I-797 as I'm still waiting. I also don't know what the start date might be either - I'm sure we could find it somewhere online, but tbh I didn't try. 

 

I read somewhere that it can take up to 60 calendar days from the appeal approval to receiving the updated i797. I still have 10ish days until then, so my plan is to wait; if I don't get it after 60 days, I'll check with my my lawyers if theycan call and ask for an update. 

[Reena Padmanabhan 1]

Thanks for the info.Please let me know when you get an update.

[Nani009 0]

On 5/1/2020 at 4:46 AM, Reena Padmanabhan said:

Hey i got the information from the attorney that my appeal is approved,However they are yet to receive the i797 approval notice.How long does it take to get the approved petition and also what was the petition start date ? Petition start date will be appeal approved date or the extension filing date? please let me know

 

Thanks

Reena

Hi Reena,

I too got same status update as yours and would like to check when did(after how many days of appeal status update) your attorney received appeal approval confirmation mail? It would also be helpful if you can share timeline of events from the time appeal was filed so that everyone in similar situation gets rough approximation of overall timelines for recent appeals. Thanks.