H-1B Visa Sample Cases from our office

These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.

Category: H-1B Visa

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.

H-1B extension approved.
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.

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Category: H-1B Visa

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.

H-1B extension approved.
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.

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Category: H-1B Visa

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.

The Beneficiary’s I-129 petition was approved shortly after we filed the Response.
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.

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Category: H-1B Visa

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.

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

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