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Results 1 to 6 of 6

Thread: question about the validity date

  1. #1
    Hi,

    I have a question regarding the following situation:

    My friend, an H1B visa holder, started his sponsorship case. His ETA 9089 was approved (EB-3 professional) and the validity date on this form was FEBRUARY 18 2008.

    February 18 2008 was Monday, President's Day, the USCIS office was closed. My friend's lawyer sent I-140 with other supporting documents on Friday, February 15 via FedEx Express Mail. Fedex tried two times to deliver this mail on Saturday, February 16 2008 (the USCIS was closed). The mail was delivered on Tuesday February 19 2008. Then on Friday (02/29/2008) my friend's lawyer received the documents back from USCIS and there was a letter attached that the validity dateon ETA9089 was until 02/18/2008 and the mail was delivered on 02/19/2008.

    Do you know if there is any law stating that if the office is closed (national holiday) then they should accept the documents on the next business day?

    Thank you,

    M.

  2. #2
    Hi,

    I have a question regarding the following situation:

    My friend, an H1B visa holder, started his sponsorship case. His ETA 9089 was approved (EB-3 professional) and the validity date on this form was FEBRUARY 18 2008.

    February 18 2008 was Monday, President's Day, the USCIS office was closed. My friend's lawyer sent I-140 with other supporting documents on Friday, February 15 via FedEx Express Mail. Fedex tried two times to deliver this mail on Saturday, February 16 2008 (the USCIS was closed). The mail was delivered on Tuesday February 19 2008. Then on Friday (02/29/2008) my friend's lawyer received the documents back from USCIS and there was a letter attached that the validity dateon ETA9089 was until 02/18/2008 and the mail was delivered on 02/19/2008.

    Do you know if there is any law stating that if the office is closed (national holiday) then they should accept the documents on the next business day?

    Thank you,

    M.

  3. #3
    Your friend may appeal the case with the USCIS, or may even file a case in court, but sorry to say that I'm very pessimistic about the outcome.

    The claim that February 18, 2008 was a President's Day, in my opinion, won't be a good excuse to merit reversal of the rejection. Neither could it be used as a strong ground to gain sympathy. Why?

    It's clearly stated at the bottom of Form ETA 9089 that it's valid for 180 days or approximately six months. Your friend took action on the 177th day. You do the math!

  4. #4
    Thanks Rough Neighbor.

    But how can he appeal the case if they did not even take the documents. His case was not rejected. They simply sent all documents back. His lawyer says they can not appeal this case because there is no legal form to appeal this kind of cases. His lawyer is a total scam and this is the reason why I asked this question over here.

    I understand he took action on the 177th day but if it is valid for 180 days so the 180th day is supposed to be the last day when USCIS receives I-140. Is it correct?

    Any suggestions what to do now?

  5. #5
    Appeal means not I-290B but to send it again with a letter of explanation as to what happened coupled with a humble plea for USCIS to accept it. Good luck because USCIS bases acceptability of package not by "postmark" date but by Service's "actual" receipt date.

    Sue the lawyer for malpractice. S/he should have known this long before. Although this is a recent ruling that took effect only on July 16, 2007, it isn't that new!

    Why in the world should action be taken on a Friday, the following Monday being a holiday, and the deadline, for a very time-sensitive submission like this one?

  6. #6
    Yet another give-away info for this lawyer that I can share, is that never, never, never use a private courier (FedEx, etc.) when sending any package to USCIS on a Friday if a Saturday receipt is a must.

    But rather use the USPS overnight service (very important!) with a WAIVER OF SIGNATURE request. It works all the time. Because as per policy, private couriers don't let go of any package without addressee's signature.

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