USCIS 的审核错误

By Jan Krasny 在申请的审核过程中，USCIS也难免会发生错误。例如申请人只符合的1年的H-1B延期确向USCIS申请3年的延期时间或是H-1B transfer ，有时USCIS会错误地批准了其申请。尽管申请被批准了，但如果在其后因其它申请或原因而被USCIS发现之前的错误，那么被批准的申请会被立刻作废以及引发其它问题。因此，申请人因注意以上问题以免麻烦。 There are times when USCIS makes mistakes that appear to benefit the applicant by approving petitions for which the applicant may not be eligible. For example, if an applicant is eligible for one year extension on an H1B, but applies for a three year extension, it is possible that USCIS may mistakenly approve the three year extension or H-1B transfer from cap-exempted institution to a private company. Although this may temporarily benefit the applicant, this type of mistake will likely become apparent during a later stage, if the USCIS reviews the file for purposes of another petition, or could lead to the approval being spontaneously revoked by the Service. Once the mistake is discovered, the approval will likely be revoked, causing the applicant many problems including accrual of unlawful presence for the time that the applicant was not originally eligible. It is very important to make sure that the benefits sought are ones for which the applicant is actually eligible under the existing regulations. Following this policy protects the applicant from being held liable for the mistake. Please also remember that attorneys have a responsibility not to file petitions that violate rules of ethics and their professional legal responsibility to follow laws. 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 www.fan-law.com (Chinese) www.fanuslaw.com (English) CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]