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-1B2

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.

Changed to a H-1B2 status in order to be eligible for an additional four years 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.

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Type of case: R Visa
Category: R Visa

We have obtained several R-1 visas.  One case that presented an interesting challenge was where the applicant performed secular, administrative duties.  CIS believed that an R visa was not appropriate.  We were able to show facts and law that convinced the USCIS to issue the visa.

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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Type of case: M.B.B.S., O1
Category: O-1 Visa

We won an O1 Visa for the applicant who is known world wide for his expertise is in the area of solid organ transplant pathology. He was working as a surgeon at a prestigious institute. We offered evidence to show that he is part of the small percentage in his field that have achieved the highest level of success and thus is known throughout the world as one of the best surgeons in his specialty. We submitted opinion letters from various world-renowned experts describing the innovative and pioneering results of this applicant's work. While continuing to conduct surgery, this applicant also engaged in significant research and published his extraordinary findings in prestigious scholarly medical journals. His list of contributions to the field was extraordinary, defining him as one of the true leaders in his field. 

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: L-1B Visa

We were retained to assist with re-filing a complex L-1B petition. The case had various intricate issues regarding the beneficiary's eligibility for L-1B classification. One prominent issue was that the petitioner wanted the beneficiary to operate from the client site instead of the premises of the petitioner. The earlier petition, processed in-house by the employer, was denied by USCIS on the grounds that the petitioner failed to satisfy eligibility criteria for L-1B classification. The employer did not provide appropriate evidence to prove the specialized knowledge of the beneficiary and the employer-employee relationship. The petitioner also failed to provide certain crucial supporting evidence. With the aforementioned background, we took over the case and filed a new L-1B petition. We prepared a complete and detailed petition, addressing each requirement for L-1B classification. Throughout the process, our firm continuously advised and guided the petitioner in preparing, collecting and collating the extensive supporting documentation for the petition: The L-1B petition was timely approved.

L-1B 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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Type of case: L-1A
Category: L-1A Visa

We obtained a start up L-1 for the president and owner of a company opening a chain of grocery stores. Though the foreign related company had an unrelated business, our firm was able to justify why the beneficiary needed to be transferred to the U.S. to start up the new, unrelated business.

L-1A 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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