Successful lawsuit for H-1B extension of stay

Disclaimer:

PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

We filed an H-1B extension petition for a small software company that offers customer software and technology solutions to the local clientele. USCIS approved the classification portion of the petition, but denied the portion of the petition requesting an extension of stay. USCIS stated that beneficiary had failed to maintain his nonimmigrant status because his H-1B status had expired prior to the filing of the H-1B extension petition and he was only  in an authorized period of stay because of a pending extension request from the previous employer. We filed a lawsuit with a United States District Court. We argued that in denying the period of authorized stay, while the previously filed H-1B was pending, USCIS misinterpreted their own regulation. The case was settled in a few weeks and the petition was approved with extension of stay and for the entire requested duration without a gap in the employee’s status.

Status: The case was settled in a few weeks and the petition was approved with extension of stay and for the entire requested duration without a gap in the employee’s status.

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