More details to this question:
Hello! I filed for my H1visa petition in June 2015. I was approved for it and was issued the 797 form with the approval on November 5, 2015. I was sent a notice on November 19,2015 stating that my case was reopened/ reconsidered. They did not give me any reason for doing so. Now they tell me that my case is pending once more. Does this happen often and what would your recommendation be for me at this time? I was supposed to go fly out to my home country to get my visa stamped on December 18. Should I leave the country at this time or stay put? Thank you very much for your time on this matter. Kind regards, MS
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
We have rarely seen situations in which cases that are approved are given notice two weeks later that the Service is reopening and reconsidering the decision. In light of the uncertainty, my opinion is that you should not leave the country. You and your company should wait for further developments with you in the US. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 11th, 2016 at 8:28 AM