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.
H Visa Sample Cases
We have won several cases where USCIS objected to the temporariness of the position.
Our firm has been successful in numerous H-4 (and H-4 nunc pro tunc) out of status cases (involving unlawful presence leading to a three-year to ten-year bar). Of particular note, one gentleman assumed if his H-1 was renewed, his dependant's H-4s were automatically renewed. Upon learning of the need to file for H-4 renewals, this gentleman consulted various attorneys and even took his case to Court. He was unsuccessful in bringing his dependants back into H-4 status. After nearly four years of having his dependant's out of status, he contacted our firm and we were able to renew the beneficiary's H-1 and bring his derivative beneficiaries back into status within 2 days time. Please do not assume this will happen in every case. But it did in this one.
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.
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.
We filed a case on behalf of our client against USCIS where the H-4 dependents' application for a change status was denied by USCIS because the application was not filed in a timely manner. The dependents were Citizens of Canada who wanted to transfer from TN status to H-4 status. Due to circumstances beyond their control they were found by USCIS to have lost their lawful status in the U.S. We filed a Motion for Reconsideration with USCIS. USCIS approved the application and the applicants were granted H-4 status retroactively.
We have filed no less than 200 cases where USCIS had denied the application or objected to an application based on the fact that the title and position did not require professional level employees. So far, we have won almost all the cases we have filed on motions to reopen or as new filings.
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.
Our client, an electronic document management company was issued Intent to Revoke from the Texas Service Center. Our client had filed an H-1B for the Beneficiary, which was approved by the Service. However, the American Consulate subsequently revoked the petition following an interview with Beneficiary. The Consular Officer determined that the Beneficiary was not qualified to work as a Systems Analyst. Specifically, the Consular Officer claimed that Beneficiary did not have the requisite university-level coursework in Computer Science.
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.
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.