Approval after L-1A Denial for a Franchise Operation
We were able to obtain a series of L-1A approvals despite earlier denials. We showed through substantial evidence that a franchise operation may qualify for L-1 visas.
We were able to obtain a series of L-1A approvals despite earlier denials. We showed through substantial evidence that a franchise operation may qualify for L-1 visas.
We obtained an L-1A for the director of a consulting company ("think tank") that interprets the impact of political events on financial markets and keeps institutional investors informed on U.S. and world events.
We obtained an L-1 transfer for the president of a company where the company, after one year of operation underwent a structural change impacting the relationship between the company abroad and the company in the U.S. There were some complex issues of ownership and control. We successfully transferred the beneficiary to a new company that was spun off through the structural change .
We obtained an L-1 for the owner of a company where the USCIS posed an objection that the company had only one employee and a team of consultants. We were able to obtain approval, nonetheless.
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.
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.
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.
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.
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.
We filed an ETA 9089 (PERM) Petition by mail in July 2008, as the advertisements were expiring and DOL had a delay in registering the company's PERM account. A denial was issued on the grounds that the advertisements and prevailing wage were expired when the case was received for processing. Further inspection noted a typographical error by DOL in the year the case was received.
We were called upon to correct a situation. USCIS sent an RFE stating that the degree and field of study did not match with the labor certification requirements. The I-140 beneficiary had a degree in agricultural science. The employer's requirement in the labor certification was a BS degree in Computer Science, Engineering, and Mathematics.
We were hired to respond to an RFE. Client filed an EB2 I-140, where the PERM Petition required a Bachelor's and 5 years of experience. The client received an RFE in which USCIS argued the Beneficiary's degree, a Bachelor's in Commerce from India, equates to a 3-year degree and cannot be considered for an EB2 case. The Beneficiary possessed a four year Bachelor's Degree, however, this was not clearly established on his Degree. The client obtained his BS in Commerce before India switched to a standard 3-year program for his particular degree.
A beneficiary had two three-year bachelor degrees from India and consequently his I-140 petition was denied on the grounds that the beneficiary did not have a four-year bachelor's degree. We were retained after the denial. Our firm was successful in appealing and winning in less than one month. Of course, this case had unique facts. We cannot assume that all three-year degree cases will go trough this smoothly.
I am always reading comments from other membres on this forum, but today I would like to take opportunity to share my wife's interview experince for citizenship.
Below is her N-400 timeline
10/12/05: RD
10/12/05: PD
11/25/05: FP Appointment
02/13/06: Interview notice
04/25/06: Interview Appointment
04/25/06: US citizen since 5:45
Thanks for this great list! I had my interview yesterday and went prepared with everything. My citizenship was based on marriage and these are the documents that the officer looked at / took:
Passport, ID and Green card, obviously
Selective Service registration
Copies of last three years tax returns AND transcripts from IRS (though one or the other would have been fine)
Three months of bank statements
Three months of mortgage statements
My POE with the AP was actually Newark (there is a Newark-Beijing direct flight which goes over the pole). The officer just had my passport, the two copies of AP I have and also I had filled in the white landing card (the one you normally use for entrance with a visa).
Hi All,
I just want to let you all know about my interview.
I had an interesting N-400 interview yesterday. Don't know where to start but the IO stemmed out of the office with my thick file while I was waiting for my attorney to arrive. I quickly summed him up to be a hard ass. BTW, I have been an officer of the law for a little over four years now...My attorney arrived shortly after and we went to this small conference room. I was sworn to tell the truth, and the interview started.
I had my interview today in downtown miami. The entire process took just less than an hour of which around 45 min was the wait for my turn. I had taken so much with me but nothing was needed except the passport and green card. I did get one unusual question related to my mailing address. I have always used a P.O Box as a mailing address so she just asked why P.O Box, why not use the home address. I just told her I change residences quite often ( am a single guy ) and its just easy for me to get a P.O Box near work.
Hi there,
I had my N-400 interview in Portland, Oregon this afternoon. At the end, the officer printed the N-652 form and checked two boxes: a) you passed the tests of English and U.S. history and government; and b) Congratulations! Your application has been recommended for approval.
The interview was smooth and quick. I had 2 tickets for speeding, which I had included in my N-400 application. He said it was good I had included them because I got a citation (ticket), but that they're only interested in violations that involve arrests.
The process was very smooth and lasted for 3 full minutes. USCIS officer was professional and friendly and started the interview right on time. He asked me to take the oath first and then reviewed the application. Then he asked me to write a simple sentense, went through history & civics questions (all from the list of 100 USCIS has on its website) and once I answered first six correctly told me that I passed the exam and the application is approved. He said I will get oath notice in 1 - 2 months.
Hi All,
Sorry for the slight delay in posting this - things were a bit crazy with me packing and travelling back to the USA...
My DCF experience went GREAT - details follow:
My husband and I arrived in Delhi on April 10th. We stayed with relatives who don't live too far away from the consulate area, so they were able to drop us and pick us up...
Folks,
Yes its true. Ever since I met my wife to be in Sept 03, I was waiting for this day. The day she could join me in the US. Today is the day this dream becomes a reality. Today is the first day of the rest of my life!
My wife's CR1 interview experience on 2/22/05 at Chennai,India - in her own words