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Our Services ==> Sample Cases From our Files ==>Sample Cases Of Nonimmigrant Visa Sample Cases Of Nonimmigrant Visa From Our Files
Type of Case: B-1/B-2 Visa Comments: We requested a reconsideration of a B-1/B-2 visa denial by a US Consulate in India. The applicant and his wife applied for visa to visit their son in the U.S. The wife was granted a 10 year multiple entry visa, but the husband's application was denied based on Section 214(b) of the Immigration and Nationality Act (possible immigrant). This obviously made no sense. Why would one of the husband-wife applicants be denied while the other one granted the visa? We requested reconsideration, fully explaining the circumstances in his favor and providing further proof. Status: B-1/B-2 visa granted.
F-1 Visa
Type of Case: F-1 Visa Comments: We were approached by the parents of an applicant whose
application for an F-1 visa had been denied based on Section 214(b) of the
Immigration and Nationality Act (possible immigrant).Normally, we would have not
been able to do much. But in this case, the visa applicant had already
visited USA three times in the past and left in time.While it was true that her
entire family lived in USA, the fact remained that she had never violated any US
laws, despite having an opportunity to do so. We filed for reconsideration.
H-1/H-4 Visas CASE
01 Type of
Case : H-1B - Specialty Occupation Comments: We were recently retained to address a strange problem. An H-1 petition was approved, but the parties did not receive the approval notice for two years. The notice was apparently lost in the mail. They submitted an application for a duplicate approval notice, which also was issued and also lost in the mail. The employer then filed an application for an extension of status, which was granted without an I-94 attached to it. CIS considered the beneficiary to be out of status, because the employer had not placed the beneficiary on their payroll for two years. We submitted a motion to reconsider to USCIS as well as a supplemental brief together with an application for extension of H-1 status pointing out the legal implications of CIS decision.
Status: The case was approved by USCIS with the I-94 attached.
CASE 02 Type of Case : H-1B - Specialty Occupation Comments: Our
client, an electronic document management company was issued Intent
to Revoke from the The
Petitioner sought the Beneficiary for the position of Systems
Analyst because of Beneficiary’s extensive education and background
in medicine. The
Petitioner needed a Systems Analyst to develop electronic medical
records management software.
The Consular Officer erred by assuming that the Beneficiary
should have the same qualifications as a computer programmer. The foregoing arguments were
developed in a lengthy Response to the Intent to Revoke, which was
submitted to the Service.
In addition, we argued that the Consular Officer was not
supposed to readjudicate the petition, and in this regard he erred.
Status: The
Beneficiary’s I-129 petition was approved shortly after we filed the
Response.
CASE 03 Type of Case : H-1B - Specialty Occupation Comments: The consulate revoked an H-1B in 1999. The client received
notification of the revocation from USCIS in 2004. In the mean time he was
still working in USA. We argued against these inconsistent and
unconstitutional procedures and submitted an application for extension of his
status in 2004. Status: H-1B extension approved. CASE 04 Type of Case: H-1B - Specialty Occupation
CASE 05 Type of Case: H-4 - Derivative Visa
Status: H-4 status approved retroactively . CASE 06 Type of Case: H-4 - Derivative Visa Comments: We filed a case with USCIS where the H-4 dependents
of the H-1 visa holder were out of status since 2000. They believed that
they were in legal status as long as the H-1 visa holder maintained status in
the US. We filed a request for an extension of their H-4 status
accompanied by a brief in support of the application. USCIS granted the
extension of stay and issued approval notices with the I-94's
attached. CASE 07 Type of Case: H-4 - Derivative Visa Comments: We filed a case against the USCIS where the H-1B visa holder attempted to maintain legal status for both him and his H-4 dependents. The attorney at the time filed the application for the H-1 extension, but neglected to submit applications for the extension of the H-4 dependents status. We submitted a request to USCIS for the extensions of the H-4 dependents' status with a detailed legal brief. USCIS granted the request for extension and the I-94's were attached to the approval notices. Status:H-4 status approved
Type of Case: H-2B Visa We have won several cases where USCIS objected to the temporariness of the position.
H-1B2 (For Department of Defense) Visa Type of Case: H-1B2 - Specialty Occupations Related to DoD (Dept. of Defense) Cooperative Research and Development Projects or Coproduction projects Comments: We have provided consultation and completed some DoD H-1B cases. In one of these, the beneficiary was about to reach the six-year limit of his H-1B status, and changed to a H-1B2 in order to be eligible for an additional four years of stay. It appears USCIS itself is unfamiliar with H-1B2 visas. We often end up educating CIS on even the most basic legal issues in this area. Status:
Changed
to a H-1B2 status in order to be eligible for an additional
four years stay.
Type of Case: J Visa Comments: We have won several cases on extreme and exceptional hardship grounds in addition to the more routine J-1 waivers. We have also processed several J-1 changes of MUA location matters for physicians.
Type of Case: K-1 and K-3 Visas Comments: We have obtained several K status approvals including cases where applicant and beneficiary had not actually met.
L-1/L-2 Visas
We have won many L visa cases including blanket L-1 approvals and related
consular issues. Many of the cases mentioned below are cases for start-up
companies. We have helped start up various companies for clients in diverse
businesses. CASE 01 Type of Case: Denial of an L-1A for a buyer Comments: USCIS denied an L-1A (filed by the corporate counsel) because the buyer was not considered to be an executive/manager. She was not supervising any personnel. We were retained to refile the case. We won the case by showing that though she did not have supervisory responsibility; she was an executive level employee. Status: L-1A’s approved CASE 02 Type of Case: L-1A Denail for aFranchise Operation Comments: We were able to obtain a series of
L-1A approvals despite earlier denials. We showed through substantial evidence
that a franchise operation may qualify for L-1 visas. Status: L-1A’s approved CASE 03 Type of Case: L-1A Comments: We obtained an L-1A for the director of a consulting company ("think tank") that interprets the impact of political events on financial markets and keeps institutional investors informed on U.S. and world events. Status: L-1A’s approved. CASE 04 Type of Case: L-1A transfer Comments: We obtained an L-1 transfer for the president of a company where the company, after one year of operation underwent a structural change impacting the relationship between the company abroad and the company in the U.S. There were some complex issues of ownership and control. We successfully transferred the beneficiary to a new company that was spun off through the structural change . Status: L-1A transfer approved. CASE 05 Type of Case: L-1A Comments: We obtained an L-1 for the owner of a company where the USCIS posed an objection that the company had only one employee and a team of consultants. We were able to obtain approval, nonetheless. Status: L-1A approved. CASE 06 Type of Case: L-1A Comments: We obtained a start up L-1 for the president and owner of a company opening a chain of grocery stores. Though the foreign related company had an unrelated business, our firm was able to justify why the beneficiary needed to be transferred to the U.S. to start up the new, unrelated business. Status: L-1A approved.
Type of Case: O Visa Comments: We have won several O-1 approvals. In almost all cases the challege has been demonstrating what the field of an applicant's expertise is.
Type of Case: R Visa Comments: We have obtained several R-1
visas. One case that presented an interesting challenge was where the
applicant performed secular, administrative duties. CIS believed that an R
visa was not appropriate. We were able to show facts and law that
convinced the USCIS to issue the visa.
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