March 31, 2020. American Immigration Lawyers Association (AILA) has received reports from its members indicating that they have received a denial notification in their MyUSCIS accounts for certain H-1B electronic registrations on the basis that the H-1B registration is a duplicate submission. In particular, members report that the status for certain beneficiaries has been updated in their MyUSCIS account to indicate that the status of the beneficiary is “denied” and USCIS has provided a Form I-797C Notice in the MyUSCIS account indicating that the registration has been denied on the basis that a duplicate H-1B registration was submitted by the same petitioner for the same beneficiary.
The H-1B registrations impacted by this issue appear to have a variety of different fact patterns. Several of the impacted H-1B registrations appear to follow a similar or related fact pattern: The H-1B registration was completed and the fee was paid for the particular beneficiary.
Subsequently, a typographical error was noticed on the registration so the registration was deleted. Subsequently, a new registration was completed and submitted for the beneficiary. Even though the “first” registration was properly deleted and is no longer visible in the MyUSCIS account, members report receiving a notification today indicating that the registration was denied by USCIS due to a duplicate submission by the same petitioner for the same beneficiary. Other fact patterns exist, including members who report that the H-1B registration and G-28 were drafted, but before the registration was submitted, the attorney recalled the G-28 and a new G-28 was drafted and submitted with the H-1B registration. The fact patterns listed above are not an exhaustive list. AILA is aware that other similar or related fact patterns may exist for H-1B registrations impacted by this issue.
If your or your employer’s petitioner encountered such as issue you may want to contact with an immigration attorney. We can be reached at email@example.com, 202-600-7742