What if my h1b extension denied

Here, at the Immigration Law Office of Los Angeles, attorney Michael Piston specializes in Federal litigation, and can help you overcome the erroneous decision made on your H1b application by filing a Federal Lawsuit and get results by forcing the government to adjudicate cases that have been unlawfully delayed or overturn H1B extensions and H1B transfer arbitrary denials.

There In the following article we will explain how the process of filing a lawsuit to overcome the decision made on your H1B application works. We will discuss about:. There are 2 forms of standing which are a prerequisite to federal litigation:. Constitutional Standing:. Of course doubtlessly the most important of all considerations in filing a lawsuit in federal court is the likelihood of success on the merits. Once a decision is made to proceed with the suit, two more procedural issues must be decided — where to file, and who to name as defendants.

Is usually going to be the judicial district in which the plaintiffs reside, the judicial district containing the USCIS office that denied the petition, and the U. In an employment-based petition, if the visa petitioner is a corporation, then the lawsuit may be filed in the state where the corporation has its primary place of business. Finally, a lawsuit cannot be filed without naming defendants. Given that this is a suit to overturn an agency decision, this certainly requires that the agency be named as a defendant.

But who else? Many attorneys, apparently intent on naming as many defendants as possible, will sue the Department of Homeland Security, the heads of that agency and the USCIS, the officer who made the decision and sometimes the Attorney General. While there may not be any harm in naming additional multiple defendants, neither is there really any advantage. The only conceivable argument for naming defendants other than the USCIS might be to make it possible to give the plaintiff a wider choice of venues.

However, almost all the additional defendants commonly named reside in the District of Columbia, which already exists as a venue. Once all the preliminary issues have been resolved, in order to file an APA lawsuit, the attorney has to prepare the complaint. Generally speaking, there are 2 ways of doing it:. File a complaint which includes the minimum needed, like name and identification of the parties, the nature of the suit, the basis for jurisdiction, description of the decision which one is seeking review of, and the allegation that this decision should be held unlawful and set aside because it is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law.

Such a minimalist filing allows getting a lawsuit filed quickly and with the least expense to the client. File a complaint that is as detailed as would be a motion for summary judgment, and is supported by legal authority and exhibits containing the relevant documents. Attorney assigned to defend the matter. Attorney, the greater the chances are he will recommend to the agency that it simply gives the plaintiff what he wants.

Once the complaint is prepared one should carefully review the local rules of the federal district court in which the complaint will be filed to see what other papers must be submitted with it and how. The vast majority of U. Normally one must file with the court summons for each defendant plus the Attorney General, the civil process clerk of the US Attorney for the judicial district in which the case is being filed, and the officer who decided the case.

Once the summons are sealed by the clerk then they must all be served by certified mail together with a copy of the complaint as filed. A priority should be on serving the U. To decide whether to appeal the petition denial, you'll want to talk with your employer and an immigration attorney to evaluate your current immigration status, the timeline for a decision on the appeal, and whether there is another visa option.

These are all key points to consider carefully but quickly. Browse All Immigration Topics ». The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 Learn about the options available to foreign workers if their employer's nonimmigrant work visa petition is denied.

I'm Outside the U. I'm in the U. Timeframe to Get a Nonimmigrant U. Talk to a Lawyer Need a lawyer? Continued employment is still governed by all of the restrictions contained in the original H1B visa. This Day Rule is not an independent basis for H1B renewal, but instead must be based on a good faith H1B extension application. In addition, if the H1B worker leaves the U. The worker should stay in the U. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.

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