H-1b petitions previously denied. USCIS announced that it may reopen and/or reconsider adverse decisions on Form I-129. Made based on three rescinded policy memos. USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before the end of the validity period. USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos. U.S. Citizenship and Immigration Services today announced it may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos.