Sample Cases from our office
These are some sample cases from our files. It is impossible for us to highlight all we have done in the past thirty years of our practice. These are just some of the cases that come to mind.
Type of case: H-1B extension and change in employer filed while out of status
Category: Change of status, Covid - Coronavirus, Extension, General Nonimmigrant Visa, H-1B Visa, RFE, Status
We successfully responded to an H-1B request for evidence (RFE), questioning the beneficiary’s maintenance of status. The beneficiary’s previous employer (Employer A) had submitted an H-1B extension. While the petition was pending the beneficiary’s nonimmigrant status expired. An RFE was subsequently received by Employer A, and following the filing of a comprehensive RFE response, the petition was denied. Upon receipt of the denial the beneficiary immediately stopped working for Employer A and shortly thereafter applied for and accepted a job with Employer B, who then filed a petition requesting a change of employer and an H-1B extension. In the interim between the denial of the petition filed by Employer A and the filing of the petition by Employer B, the beneficiary was unable to leave the U.S. due to the COVID -19 pandemic and applicable international travel restrictions. We submitted a comprehensive RFE response clearly establishing that a gap in maintenance of status occurred because of extraordinary circumstances beyond the control of the beneficiary and argued that the matter warranted discretionary approval. The petition filed by Employer B was then approved.
Status: We submitted a comprehensive RFE response clearly establishing that a gap in maintenance of status occurred because of extraordinary circumstances beyond the control of the beneficiary and argued that the matter warranted discretionary approval. The petition filed by Employer B was then 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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Nonimmigrant Visas
Immigration Law
Immigration.com
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