Winning the H-1B lottery feels like a dream for any skilled worker in the US. But one applicant’s joy turned into stress after a simple checkbox mistake by their lawyer placed their visa approval at risk.
The Costly Filing Error
The applicant, a former F-1 student, had their attorney file the H-1B petition under the cap-exempt category. The lawyer wrongly claimed that the sponsoring school was a nonprofit. USCIS has now issued a Notice of Intent to Deny (NOID), demanding proof of nonprofit status.
Travel During Pending Petition
The situation worsened when the applicant left the US while the change-of-status petition was pending. That move is considered an automatic abandonment of the case, making the I-94 invalid and risking denial, even without the lawyer’s original mistake.
Master’s Cap Confusion
Immigration experts warn that USCIS might also question the applicant’s eligibility for the Master’s Cap. Only degrees from nonprofit universities qualify. If the applicant’s degree came from a for-profit school, the H-1B petition was invalid from the beginning.
From Hope to Uncertainty
Now stuck between a legal error and poor timing, the applicant feels betrayed by their attorney. What should have been a step toward a US career has instead left them stranded abroad, unsure when or if they can return.
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