H-4 - Derivative Visa

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.

Status
H-4 status approved

Nonimmigrant Visas

H-4 - Derivative Visa

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. 

Status
H-4 status approved retroactively .

Nonimmigrant Visas

H-1B - Specialty Occupation

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.

Status
H-1B extension approved.

Nonimmigrant Visas

H-1B - Specialty Occupation

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.

Nonimmigrant Visas

H-1B - Specialty Occupation

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.

Status
The case was approved by USCIS with the I-94 attached.

Nonimmigrant Visas

F-1 Visa

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.

Status
F-1 visa granted.

Nonimmigrant Visas

B-1/B-2 Visa

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.

Nonimmigrant Visas

Lawsuit Against Department of Labor, CIS and others

Our client's original approved labor certification was lost in the mail. We tried numerous times to get a duplicate copy of the approved labor certification from the Department of Labor (USDOL) but couldn't get it from the USDOL. USCIS attempted to obtain a copy and informed us that they were making the attempt. We saw no results.

Status
The Defendants settled the case before submitting an answer to the complaint. Accordingly, USDOL issued a duplicate labor certification in favor of the Plaintiff and Plaintiff's Immigrant Petition (Form I-140) was approved within a few weeks.

Immigration Law

Writ of Mandamus/Lawsuit Against Department of Homeland Security and others

Our client, a citizen of Taiwan had filed an employment-based adjustment of status application. The Plaintiff's adjustment of status had been pending with the USCIS California Service Center for almost three and one half years. USCIS did not adjudicate his adjustment of status application since they could not get the name check clearance from the FBI.

Status
Approximately six months after the filing of the above-mentioned lawsuit, Plaintiff received his adjustment of status (green card). Subsequently, we filed a notice of dismissal with the DC federal court to dismiss the case without prejudice.

Immigration Law