Meltzer Hellrung is always ready to use every legal tool to pursue our clients’ interests, up to and including Federal litigation. We recently got a positive outcome in getting USCIS to accept an unreceipted 2024 H-1B cap petition by challenging the USCIS in Federal court.

Led by our attorneys, Stephanie Wedel and Kellen Powell, Meltzer Hellrung represented a client in Federal court to force USCIS to accept a timely submitted 2024 H-1B cap petition.

We timely submitted an H-1B petition after lottery selection in 2024. FedEx confirmed the delivery of the petition, but USCIS never issued a receipt nor cashed the fees for the petition. Our attorneys communicated directly with the USCIS lockbox to try to ascertain whether USCIS received the petition. USCIS ended up admitting that they had portions of the petition, but could not find the full petition. Despite this acknowledgement, USCIS refused to allow us ship a new copy outside the H-1B filing window.

Working together with our trusting client, we filed a lawsuit asking a judge to require USCIS to accept a refiled copy of the petition, as our initial petition was timely filed and it was not our fault USCIS lost the initial petition. USCIS ended up settling the case, allowing our client to submit a new copy of the 2024 H-1B cap petition.

Litigation is a great tool to push the government to take action on delays, mistakes, and denials. If you are facing a challenging situation, ask our attorneys how we can pursue justice through the courts.