Success Stories From 2009

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.