Successful K1 Visa (I-129 f) Expedite Request
Just wanted to let people know that it IS possible to get the I-129f processed in an expedited basis.
Just wanted to let people know that it IS possible to get the I-129f processed in an expedited basis.
Discussion Topics, Thursday, 8 September 2016:
FAQ: Am I exempt from H-1 quota if visa was not stamped? Does AC21 permit promotions and higher salary for same or similar job? N-400 naturalization/citizenship delays; Applying for parents green card, I-130, I-485, birth certificate, marriage certificate, etc; Continuing work outside USA despite approval of L-1A;
Other: Quota impact of revocation of H-1; Green card filing and impact of Trivalley university; Travel on H-1 with just a few days left; Change jobs after green card approval; Transferring H-1B quota jobs; Surrendering reentry permit; Filing FOIA request to get H-1 and I-140/PERM papers; Cross chargeability - how to prove country of birth; Applying for H-1B and traveling on visa in an old passport; H-1B extension more than 6 months before expiration; H-1B visa stamping; etc.
My query is that whether my name which was sponsored by an IT company and come under quota (in 2008) could still be considered to remain as 'VALID' and 'UNUTILISED' under the year 2008 quota (and initial period 2008-2011). As no stamping of H1B took place in 2008, then can this be UTILIZED by any new employer/sponsor (under the 2008 quota) but with the validity starting from the date of stamping (e.g. 2016) and till subsequent years (as applicable). Can we say that this would be a case of stamping based upon PREVIOUS quota/approval and any new sponsor would NOT require to file a fresh H1B petition. So, only some MODIFICATION of the 2008 petition documents would required to be made by any new employer/sponsor.
Watch Video : Am I exempt from H-1 quota if visa was not stamped
Video Transcript:
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Topics for Discussion:
FAQ: J-2 or J-1 with 212(e) HRR converting to F-1 student; FAQ: For PERM is formal certificate required or completion of degree is enough; Correcting dates on I-94; Travel while H-1 extension pending – change in I-94#; Changing employers - what immigration documents should I keep; FAQ: Maternity leave on H-1, FMLA and status.
Other: Multiple I-140 approvals; I-140 denial; Cap-gap extension; Effect of change in citizenship on H-1; PERM/AC21 and multiple I-485 filing; Family-based green card change in category; Child turning 21 – CSPA and derivative non-immigrant status loss; L-1A visa and EB-1C filing; Filing I-485 for spouse; PERM more than 50% different job; Cross chargeability; I-130 fraud by spouse; Maternity leave on H-1; AOS filing; F-2 COS; H-1quota, etc.
How does it work with financial co-sponsorship? Can a family member or a close friend co-sponsor a fiancee?
Anyone who is a US Citizen or green card holder can co-sponsor affidavits of support .
Discussion Topics, Thursday, 28 January 2016:
FAQ: Conversion from H-1 to H-4 EAD and back to H-1 – H-1 quota; L-1B converting to H-1B change of status and quota; H-1 duration through a new employer after I-140 approved – starting a new green card – do job titles and job descriptions have to match; Reapplying for a B-2 visa after denial – importance of income; Filing B visa to maintain status – H-1 and H-1 extension durations when I-140 is approved – when I-140 is revoked – time USCIS takes to revoke an I-140; Visas for starting a restaurant business franchise in the USA.
Other: Changing jobs after returning on N-470; PERM approval after MTR/Appeal on harmless error/typo; Consequences of old employer withdrawing I-140; Limit on number of times one can apply for H-1; Porting priority date from an approved I-140 that was revoked for error; Entering to do business on a prior approved B-2 visa; L-1A and PERM based green cards; H-1 quota based upon prior approval.
For two weeks after premium processing resumes for H-1B cap-subject petitions, USCIS will not use pre-paid mailers to send out final notices for premium processing H-1B cap-subject petitions. Instead, USCIS will use regular mail. USCIS will be doing this due to resource limitations as work to process all premium processing petitions in a timely manner. After the two week period, USCIS will resume sending out final notices in the pre-paid mailers provided by petitioners.
Discussion Topics, Thursday, 15 June 2017:
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FAQ: Exemption from H-1 quota, Visa stamped, did not join employer || The best methods for spouse of a green card holder to enter the USA || Effect of revocation of PERM on an already approved H1 extension || Applying for H-4 status while H-1 is pending || How to reset H-1 six years || FAQ: Applying for H-1B visa when there was a status violation ||
Other: Filing Form N-600 || Correcting H-1B visa errors || H-1B visa stamping where client company was acquired || Traveling on advance parole or H-1B visa || Changing place of birth in immigration records || Supplement-J || understanding motions to reopen || Criminal conviction || Changing status to J-1 || Parents status expires while I-485 is pending || Can a green card holder enter the US on a non-immigrant visa? || The new regulations for I-140, etc.
In 2014, My wife was working with employer "A" on L2 EAD and the employer "A" filed H1B petition in April-2014. She got approval notice in May-2014 but due to some family reasons we have to go back to India and she continues working for the same employer from India since then. Her approved H1B petition with the same employer "A" is valid till Aug-2017 and H1B visa is stamped in Dec-2016 for the same employer "A". She never traveled to the USA on that H1B visa as her employer does not have any opportunity there. Since she never traveled to the USA on her H1B visa ever, does that mean she has never granted status as an H1B Non-immigrant?
Watch the Video on this FAQ: Exemption from H-1 quota, Visa stamped, did not join employer
Video Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
My fiance came as k-1 and we got married within the 90 days but didn't file for AOS untile a few days before his I-94 expired? What will happen? will they still accept the application or what will we have to do next?
I think you will be fine. As I recall, the law only requires you to get married within 90 days. But confirm this information and do check with a lawyer as to whether you may travel or not while AOS is pending. This could be the only issue I can think of.
My boyfriend is a u.s citizen and we want to get married. The problem is that i came to mexico and i cant go back. I was wondering if there was any visa or anything that he can get for me to go back before i get my greencard. And how long and how much it takes to do the whole process.
You could look into a fiancee visa (K-1). It can take a few months.
I am on Initial OPT which expires on November 30, 2021. A company filed H1-B lottery for me this year (2021) which got picked and approved but I was laid off in May and immediately the company filed H1-B withdrawal and sent to USCIS on June 1st, 2021.
1) I have joined a big MNC company few days back who’s willing to sponsor me. I have approval and LCA Notice. What are my options now to get H1-B back?
2) If I can’t do anything with My H1-B. What’s the time frame generally it takes to withdraw my H1-Status? My Status still shows H1-B approved in the portal.
The usual consensus of opinion is that in such cases you have lost your quota so you are back in the quota. You have to go through the lottery again next year when you apply. More...
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I am having a problem getting my visitor visa. My fiancé is a US citizen and my sister is on H-1B visa she is there since 3 years with her family... my parents got their (B1-B2) visitor visa. But when ever I apply for B1-B2 I get rejected. My question is, when they ask me why you want to go to the USA my answer was to visit my sister and her family. Now can I answer like this? My fiancé is a US citizen and I want to meet her and get married.
You must tell the truth. The better visa for you is K-1, if you want to get married in USA. Your chances of getting a B visa do not appear to be very good.
What is the fastest way to have my fiance and her children join me here in the US. They are Mexican citizens and I am a US ciitizen. We want to get married. The question is, which process is faster for them to be able to join me here?
The fiance visa is, generally speaking, faster.
Can I petition my girlfriend once we get married in the philippines? What is the best way to petition her as soon as possible...
Yes you can. Normally, I prefer K-1 - marriage in USA route.
I was was born here in the USA. I am a widow. My boyfriend he is in India.
1.Does K1 Visa have any age differences, because I am 47 and my boyfriend is 25 he is single.. Does this make any problem.?
2.I have not met in person ?
3.I am not working, I am taking care of a person, and I have 3 kids, will marraige be a problem with kids?
4.Once I was caught for drinking and driving & paid the ticket, does this effect K-1 Visa ?
This will not be an easy K-1. First, the age difference is likely to viewed by the govt. as an indication of fraud. Second, you are required to meet - unless there are some extraordinary circumstances. Kids and drunk driving should not be an issue.
Discussion Topics, Thursday, October 14, 2021:
FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade
I had wonderful experience working with Rajiv and his team. Vikas Varma was very professional and prompt in responding and providing necessary information to me to take the appropriate steps. Rajiv's whole team is very professional and I would recommend to all my friends.
I had my H1 visa extension stamping appointment on Feb 21, 2018. Initially it was put under Administrative Processing and later on May 23rd my petition was send back for revocation. As per the inquiry with embassy they told me that "Based on the documents you submitted and the information elicited in your interview with a consular officer, you were determined ineligible for an H1B work visa. Your petition was returned to the Kentucky Consular Center (KCC) on May 24. Currently H1 status website shows KCC received the application on June 8. Once KCC receives a petition, it is returned to the approving USCIS office for review and possible revocation. At this point, USCIS can either reaffirm the petition or issue a notice of intent to revoke it. What are the options available with me now?
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
FAQs: Changing jobs while I-140 pending and change in job title || Going to school while I-485 is pending || Issues in changing employers after I-140 approval.
OTHER: Fiance visa without a formal ceremony || Impact of Supplement J approval || Taking leave during H-4 EAD gap || H-4 EAD delay || Family-based I-485 interview rescheduled || Relocation while PERM green card is pending || Evidence of marriage || Applying for green card for parents || Applying for H-1 through two companies || Unlawful presence after H-1B denial, etc.
Hello, everyone. This is Rajiv S. Khanna for the Law Offices of Rajiv S. Khanna, P.C, immigration.com. We are discussing with some of our clients the issue of what to do now that the H-1 quota has expired. What are my options?
Well we can look at the options two ways or three ways. Actually, there are several variables.
Variable one: Can I continue to work? The answer is yes, if you have the STEM extension option. In this case, we are working towards 17 months of the STEM extension anyway.
What is the STEM extension?
Some people who are F-1 OPT can get further 17 months of OPT if they are in the discipline of Science, Technology, Engineering or Mathematics (STEM). Any one of these disciplines, if you are in STEM, you can get a further 17-month extension.
So can you continue to work? One way is STEM extension. If that is not an option, some people go back to school and they get something called CPT (Curricular Practical Training). That is an option that I don’t advise. Why? Because this option has come under the gun. USCIS has become very suspicious of it because the regulations say, if somebody wants to get a CPT by going back to school in the first semester itself, then the curricular practical training, the CPT, must be integrally related to the education. In other words, you cannot really get a good education without that CPT and because of the “misuse” or the perceived misuse that government sees, they have come down hard upon universities that have been giving CPTs too liberally. So CPT has become a suspect option, unless you are going to join a university that is well-recognized, a good university, or a good school that is fully accredited. And I actually have a video on our website, our blog, on how to see if the school is accredited. (http://www.immigration.com/media/eb2-green-card/accreditation-distance-…)
So 17-month STEM extension, CPT not recommended, but possible. You can, of course, go back to school and stay until you are ready to file for the H-1 again. If you have an option, for example, if your spouse is on H-1, you can convert to H-4, or L-2 if your spouse is on L-1. That would be another option. One option is to go back to your home country if the work can be outsourced to you. It is perfectly legal for you to work for your employer from your home country and they can pay you either as an independent contractor or on a project basis or even as an employee. You can work out the details with your CPAs, but that is certainly a possibility.
Now the last option that I see is there is a very fine distinction between what jobs are quota and what jobs are quota-exempt. The interesting thing is the way that the government looks at it is even though the employer is a quota employer, but if the job is quota-exempt, you are not subject to the quota. Let’s take an example of a quota-exempt job. If you are working for a university in a research position or any academic position, you are quota-exempt. But what if your employer places you to work in a university research facility? Because the job is quota-exempt, that H-1 will be quota-exempt, even though your employer is a quota employer. So look for a job that is quota-exempt. That’s another possibility.
Those are the options as I see them.
Question--How do they go about applying for a STEM extension?
The way it works is the company that you are working for has to agree to be e-verify compliant. That means they open an account with the government office for being an e-verify company. You sign a bunch of contracts with them and you say every person that we hire, we will run them through the e-verify program, which is basically a way of ensuring that they have proper authorization to work in the US. For larger companies, I would probably be reluctant to go e-verify, especially if you are a multi side company that has its own problems, so we need to assess that very carefully. For smaller companies and one-side companies, it’s much easier to go through e-verify. It’s not a problem. E-verify basically involves agreeing to go through verification of every employee you hire from now on. You have put them on the e-verify database.
To get the STEM extension, they don’t have to go back to school. They notify the school office, and the school issues new paperwork based on their existing paperwork. They don’t have to go back to school.
If you already have your STEM extension, after that expires, you could take classes for CPT, work from your home country, try to convert to a spousal visa, find a quota-exempt job, or wait for next year’s quota.
One more question that people have asked me. Is it okay for me to volunteer? What if I want to work, but I don’t want to get paid for it? I don’t want to lose all this experience that I have.
The answer is that that’s risky. However, the way it works is, if the person volunteers, let’s assume they’re on H-4. They work, but they neither expect to be paid nor do they have any benefits coming to them. Health insurance, for example. Then, it’s okay to volunteer.
Fraud Allegations in Immigration Law
Recorded on 12th July 2012.
I wanted to talk to you folks today about an issue that has become problematic in the last four or five years - fraud or misrepresentation. Very often, I see that the government very casually throws in an implication that you have committed a misrepresentation. Actually, they will come out and say that we find misrepresentation. You will think that this is a normal, ordinary thing, and you might ignore it. I have seen people get into so much trouble with that fraud or misrepresentation finding. Let me talk to you about what can happen with that.
First of all, a fraud or misrepresentation finding can lead to criminal prosecution. You can be prosecuted criminally, if the government so chooses. I have seen companies being prosecuted for amazingly trivial things. I have seen government start with a 43 count indictment of a company and then walk away with “Failure to report change of address” or something so trivial that it makes you wonder why did the government spends three, four, or five million dollars on the prosecution of these kind of cases. We have provided advice and help to various defense teams all over the country in criminal defense of these kind of cases. My bottom line approach in these cases is, you’ve got to be extremely careful the moment you see any implication or finding of fraud or misrepresentation. Speak with counsel or speak with somebody who knows all sides of this picture. Unfortunately what happens is, if you are only concerned with benefits like an H-1 or an F-1 or an L-1, you probably won’t pay too much attention to ancillary findings other than the fact it has been denied.
Let us talk about what can happen if there is a fraud or misrepresentation finding a little bit more in detail. The worst thing that can happen is a criminal prosecution. You can go to prison over this, make no mistake, if there is in fact a finding that was not rebutted and then there was a subsequent investigation and more evidence was collected. I will give you this--criminal prosecution and conviction are not as easy as just throwing out a finding and it is surprising how easily USCIS and other agencies toss around that finding, “Oh, this is misrepresentation.” The moment I see that word, I know it is a buzzword for us to go all out for this issue and make sure that the government has it on the record what our side of story is.
So, criminal prosecution is not easy but it can happen. Be careful. Deportation, removal, exclusion. What does that mean? If you are in USA on a visa, F-1 , B-1 , H-1 , L-1 any visa, and they find that there is some fraud or misrepresentation in your past or present, the government can initiate deportation, more accurately, removal from USA, and you can then be barred from coming back to USA for up to permanently . And I am saying that again so that you folks understand. Any attempt to procure a visa or immigration benefit, note that “attempt.” You do not have to have been successful. Even in an attempt could lead to a permanent bar from entering USA.
As I recall, there is only one waiver available based upon a family member--immediate family member-- who is a US citizen or permanent resident, but then you have to convince the USCIS that you should be given that waiver and there is extreme and exceptional hardship on your relative. I recall that is the waiver that is available for these things .Third thing that can happen is denial of sought benefit now or in the future. So think about this very carefully. You applied for an H-1. For some reason, they said, “Oh, your degrees are fraudulent,” and I have seen these kind of cases .They thought that the degrees were fraudulent merely because there was no confirmation of certain kinds of things. For example, you just gave your transcripts. You did not give your final diploma, and USCIS, after doing some cursory checks, decided that you had not been able to prove your case. Instead of merely saying that you have not been able to prove your case, they will throw in something very casually saying, “Oh, this is misrepresentation.”
Next thing is, you get stuck when you apply for an H-1 again. They will pull up the record, and they will say you have a misrepresentation and we cannot give you the benefit. So, in the future, this can come back and haunt you. Next thing that can happen is, if there is any misrepresentation finding, let’s say you applied for an H1 transfer and they found fraud they can revoke whatever they have given you. Now remember that when I say that they find fraud, they do not even, this is very sad, but they will just throw in the finding without considering, and I have seen too many cases like this. It is awful for the government, and I do not think government. Let me rephrase that. I do not think any government officer individually is IQ challenged, but I think, as an organization, the moment we get into a bureaucracy, we are dealing with very unintelligent bureaucracy. Without considering the consequences of what they are doing, they will throw in a finding of misrepresentation. So your benefits can be revoked, and as I said earlier, you can get a permanent bar from entering USA.
So the next question is “When does this come up?” Normally, when a fraud or a misrepresentation finding is made, typically, where do they make this finding, they can do it at the consulate during visa application. I talked with some individuals yesterday, such an easy case and because of a misunderstanding, it’s become a complete problem. What was the case? Boy and girl meet, they get married. According to South Indian ceremonies, I do not want to say the exact state, but South Indian ceremonies, and the marriage occurs in a temple. According to the law of the state where the marriage was entered into, until the marriage is registered, it is not valid. However, when the lady goes for a K-1 interview (K-1 is for fiancées; if you are married you cannot get a K-1), the consul officer grilled her quite thoroughly and decided that she was lying and that she was already married. Next thing, they put a permanent bar on her. Now she is under permanent bar. The husband is scrounging around, trying to get some way of getting her back in. Of course, she will make it back in this particular circumstance, because there is a bunch of factors that go in her favor, but this is a tough case. And normally, US citizen spouses, actually, unless there is a unique case, I usually tell people do not even hire a lawyer. Is this is ethically okay? I think it is. In my judgment, certain cases don’t need a lawyer. Typically, spouse of a US citizen is such a plain and easy case. But look at this example and how badly this got messed up. So now, during a visa application, you’ve got a bar.
What other circumstances? Remember the Tri Valley University? A lot of you might remember that. There were some misrepresentation implications for certain groups of people, not everybody. They had a lot of problems getting visa stamping again from the consulate. Second place where it can happen is at the airport. When you land at the airport, the CBP (Custom and Border Protection) can haul you up there. I have seen cases where somebody said, “Oh, I am coming in for a visit” and the CBP officer went through the luggage of the individual, and they found letters showing that they were meeting up with some potential employers or they were applying to schools. Immediately, there is a fraud implication and the next thing is two things can happen. If they want to be kind, they will let you withdraw your application for admission and tell you to take the next flight back home without coming into USA .If they want to throw the book at you, they can ... actually there is a third possibility. Second is if they levy an exclusion on you, which basically means, we are formally denying you entry into the United States. Now you are barred for five years from coming back. But to throw the book at you, they would deny your entry based upon misrepresentation. Now you have a permanent bar. So these are not simple matters, ladies and gentlemen. They can be quite complex. Please make sure you have competent help if you see any implications or fraud or any chance of fraud in your application.
Then the next thing is you can have a fraud or misrepresentation come up during benefits application. In H-1, hiring without a project, the government now considers that to be a fraud. I do not know how at what point of time hiring somebody without a project became a matter of a fraud. I still think the jurisprudence-- the law in this area--is very poorly developed and poorly managed. But who wants to take a chance for the criminal court? Who wants to go in and spend 800,000 dollars, a million dollars, defending yourself if the government wants to take the stand that this is fraud? So do not hire somebody without a project, employers. That is now considered to be a fraud. I have seen indictments that said that specifically.
Inaccurate Job duties. An H-1 employee is supposed to be a System Administrator, but they are working as a Software Engineer, developing but not doing any administration. That can be a problem. Why? It can be a problem in depressing wages. System Administrators are typically, though it could be other way around, paid differently that a Software Engineer. Actually, if you hire somebody at a lower wage and make do to a higher paid job, that is a problem obviously. I have seen failure to post LCAs at client sites. If you have employees working at end client sites, I have seen the government try to make a fraud case out of that, because, partly, I think it is justified. There is something that we have to look at very carefully, because they can say, “Look when you signed the LCA. You made a representation to the government, ‘ I have posted this application at the end client site.’” That gets quite complicated. So this was H-1. There are many examples I could sit here and talk about for hours. But I just want to give you kind of a flavor of when these things happen and crop up.
Green cards. I remember a very weird case where, when filing the green card application (the perm application), the employer, who is a fairly good-sized company, signed the application without reading it through. The 9089 was prepared by lawyers and it was not mentioned that the employee is related to the company president. It was his brother. The next thing is, USCIS denied the I-140, and, on top of that, they said this is misrepresentation, and we are also revoking the labor certification. When I gave a consultation on the case, I immediately moved in and took certain steps, and I will get to that when I come to the next topic, which is what should you do. But the point is, government’s contention was that in looking at the ETA 9089 perm application, it says, “I have read this application.” It specifically says that. So if you are signing that as an employer or even an employee, you better read and make sure all the material information in there is correct. I have seen this issue come up a lot during Adjustment of Status. Where do they come up the most? Well, mostly lately, it has come up when government says, “Look, you are on H1 and you are authorized to work for an area in California, but you worked in Chicago.” Here is the employee who is stuck with the fact that they cannot do anything about where the LCA was filed by the employer, but now they have got a fraud implication on their record. Well, we deal with it, we make matters clear. We explain the law to the government. But it is still quite hasslesome and bothersome to be in that situation. Anyhow, go ahead and be careful and watch those whenever you see fraud or misrepresentation come up, just make sure it has been taken care of and properly addressed.
When else during Adjustment of Status? G-325-A. When you file the G-325-A, which is the biographical statement, government can take--I have a case actually, in which the employee neglected to mention two or three jobs that they had done illegally. It was definitely an oversight, no question about that, because he disclosed other things. And if he were going to try to deceive the government, he would have done a lot more than merely omit those two jobs. So that became a big problem. They are trying to bar him permanently. We have a MTR (Motion to Rehear) pending against that. During naturalization, there is an interesting case--interesting for me, but sad for the people who are involved. A gentleman ran a company—again, a relatively good-sized company--and somewhere about six or seven years ago, they had submitted a letter from an end client in support of an H1, which the government considered to be fraudulent. They said they could not verify the letter, and they made, I do not remember if they made an express finding a fraud. But they did say that they were not able to verify, so there is doubt as to the veracity of the document. Doubt as to the veracity. Okay, that does not alert you. You do not think, “Well, they are not saying they find fraud, but that is what they are saying. Okay, six or seven years later, they have a lot of approvals for their H-1 after that green card with no problem. Employees have been doing fine, and the issue never came up. This gentleman applies for naturalization. Guess what? Barred from naturalization. The government may go after his green card. Why? There is a fraud. So this issue comes up in naturalization.
It can come up in courts. Sometimes you are there for unrelated proceedings, for example divorce. Next thing is, there is a misrepresentation element or an element of fraud that you have not considered, and you are stuck. The worst case that I have seen come up , which was very unfair and sad is, when an employee on H1 fell out of status for a month or so. Under the law, if you are out of status for even one day, by operation of law, your visa is considered to be cancelled. So the Visa stamp that you have on your passport is cancelled. Very few people know this law. Of course, as they say, ignorance of law is no excuse but when the law is so complex and so difficult to keep track of, who can know when something has been voided or made invalid by operation of law? Nobody can keep track of that. It is something that happens quietly, perniciously in the background. So, when this gentleman applied for Adjustment of Status, his 485, government said, “Your last entry into USA was fraudulent because you used the VISA that was void by operation of law.” I do not think he is going to have much trouble ultimately, but he is definitely being dragged around for misrepresentation. See, I do not mean to imply that the government is always unreasonable, but they can be. Individual officers can be sometimes be very unreasonable and overzealous in what they feel is the right application of the law.
What should you do? Look at the left hand side of the screen. Clarify the record even if you lose the case. You want to make sure your story, your side of the story, is on the record. I do not care if you lose the case. So what did we do in that? Remember I talked about the president who signed the 9089 not realizing that he had signed saying that they were not related to each other, the beneficiary and he were brothers. So what we did was, we immediately filed an appeal, and the appeal got dismissed, but we told our entire story. We explained what happened. We went through the entire document trail. We submitted documents and I think even though the company may not realize it, by doing that, they have now put their own story on the record. So tomorrow, if this issue ever comes up, whoever at USCIS is reviewing his case, they can see both sides of the picture before they deny any future benefits like naturalization. Now we have both sides of the stories there. Appeal it, file a motion to reopen, even file a lawsuit. All of these things you can do.
And what else can you do? If nothing else, send out a letter. Make it clear what the record was. I believe that should at least provide you a modicum of good defense .Good luck, folks, and it is good talking with you. I think I want to do a video next time about these I-140 revocations. I am seeing I-140 revocations coming up after 8-10 years of having been approved. Highly unfair. Let me get into that next time. Good talking with you.
I am planning to apply for H-1 through multiple employers. What are the precautions I need to take. I have my project end date in August, one of my employer will be representing with my current job. Will it be a problem later if the client details does not match ?
If you are a quota applicant, you can apply through as many unrelated companies as you like. Do not be a party to any misrepresentation.
I would like to thank the law offices of Rajiv S. Khanna with getting 129f petition approved. Also with my case manager Ursula with explaining each step of the process and answering all of my questions. I would have been lost with all of that paperwork without their help.