Notice of Intent to Deny (NOID) Received in an EB1 Extraordinary Ability Petition

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Thank you for providing this service. I have filed an EB1 application through another law firm and have received a notice of intent to deny NOID. I have about 40 publications, 200 citations and 15 patents and review manuscripts for 5 international journals. I thought I had a good case but now I am not so sure. Is it possible to change their opinion of me and get my green card approved?

First, let me state that USCIS is making all types of applications more difficult. That being said, there is no reason why your EB1 case should be denied. Your stated qualifications are greater than the majority of our EB1 clients and we can very likely get your case quickly approved. There are many reasons that could explain why you received a NOID. It could be that your qualifications were not presented well to the USCIS officer. It could be that your recommendation letters were poorly written or not from appropriate persons. It could also be that the USCIS officer made an error and/or is not familiar with the regulations or law. You should be aware that the USCIS allows 30 days to respond to a NOID, so you will have to act quickly to have your response filed. If you would like our assistance, please contact my office as soon as possible to avoid missing your response deadline.

I-140 Upgrade from EB3 to EB2

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Hi, I was hoping you could tell me if I can upgrade my I-140 from EB3 to EB2. Is that possible? EB3 is taking forever and I know I can get green card quickly through EB2. Thx.

Yes, not only is that possible but both the Nebraska Service Center and the Texas Service Center have both issued clear guidance for I-140 upgrades.

Change of Status from J1 Visa During the 30-day grace period

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I just finished working for a hotel chain in J1 which is now expired. I was hoping you could help me change to student visa. Is it possible?

Upon completion of you J1 program (the end date on your DS-2019 form), you have a 30 day grace period. We can help you change to F1 visa status during your grace period so long as the start date for the F1 falls within the grace period.

Form I-130 Revocation

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My wife just attended an immigrant visa interview at London and not only was the case denied but the officer told her that the petition would be revoked! This is insane! What can we do? Can we appeal?

Unfortunately, an Consular Officer’s decision cannot be appealed. However, what can be done, through attorney channels, is to determine why the immigrant visa petition was denied and returned for revocation. Then a response to the revocation request can be filed with the USCIS office that approved the Form I-130. The USCIS then can send the case back to the Consular Post with instructions to reconsider their decision which can result in a second interview. This process can take up to two years but in some cases it can be as fast as 6 months.

H1B Visa Cap for Fiscal Year 2013 (Oct 2012 – Sept 2013)

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Hello. I wanted to change to H1B visa but I heard that they’ve all been used up. Is this true or can I still apply?

US Immigration law provides for 65,000 H1B visas for each fiscal year. H1B holders filing for extension or transfers are not counted against this annual cap. There is an additional 20,000 H1Bs available for foreign nationals who hold Master’s degrees from US Universities.

USCIS has indicated that all available H-1B visa numbers have been used for FY 2013.  You may apply in April 2013 for an October 2013 start date.

Lost Labor Certification/PERM

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Please help me. My boss lost my labor certificate. He filed my I-140 with a signed copy but apparently that wasn’t good enough and they are asking for the original. What I can do?

Lost labor certifications are not uncommon. The biggest problem is that the Department of Labor will not simply send you another one. They will only send a duplicate directly to USCIS. Normally the procedure is to make a formal request, following proper procedure, to USCIS to request a duplicate for the labor certificate from the DOL. Then once they receive the duplicate, they will send it to the Petitioner and both parties may sign it. By waiting until the last minute, you have violated proper procedure and your case may be denied. Because the PERM approvals are only valid for 180 days now, you may be in the situation where a denial of your I-140 may require you to undergo labor certification all over again. We can assist you in this matter, though it will not be easy.

Interfiling Issues at the Nebraska Service Center

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I have filed two I-140 cases, both through the same company. One was EB2 and the other was EB3. I filed my I-485 with the EB3 case but now my priority date is current with my EB2 case. How can I tell USCIS to use my EB2 priority date?

There is a process called interfiling, whereby you may request the USCIS to match up approved I-140s with a pending I-485 even if the cases are spread out over different service centers. USCIS is slow to act in these types of cases and the process differs substantially at each service center.

J1 Extension While J1 Waiver Pending

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I’m currently holding a J visa from ECFMG which will expire October 7. I’m in the process of getting a J1 waiver through the Conrad 30 program. I know I need the H1B visa before I can start the waiver job but I’m worried that my J1 will expire before I get the waiver. Can I extend the J1?

Yes, the ECFMG should be able to extend your DS-2019. This goes for all J1 visa sponsors, not only the ECFMG.

H1B Visa Stamping for Researchers and Scientists

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My company recently filed my H1B application which was quickly approved by USCIS. I went to the US Consulate in Chennai for stamping and they asked me to complete a detailed questionnaire about my research, my qualifications and how my trip to the US will benefit my research. I wasn’t expecting this and they told me that my answers could result in an indefinite wait for the visa stamp. Is there anything you can do to help?

While these questionnaires would appear to be more applicable to EB1 or NIW beneficiaries, they are actually for a Security Advisory Opinion from the US Department of State. These lengthy questionnaires are becoming more and more common for persons coming to the US to do any sort of research whether the application is for H1B visa, O-1 visa or EB1 or NIW. .Most of our clients are getting clearance in about 1-2 months and we are instructing applicants to plan ahead.

Is an O1 Visa or P1 Visa More Appropriate for a Rock Band?

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Hi, we have a well known band in the UK and are looking to tour the US. I’ve spoken to several different lawyers and they are all giving me different advice. Can you tell me if we should be looking to get an O visa or P visa?

While it is technically possible for the lead in the band to procure an O1 visa and the rest to procure O2 visas, the simple rule is that the O is for individuals and the P is for groups. You would be much better off applying for the P visa.