H1B Notice of Intent to Revoke (NOIR) Received Due to INA 212(a)(6)(C)(i)

Foreign nationals may be inadmissible if he or she made a false representation in order to obtain an immigration benefit. Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

We take pride in our track record of helping foreign nationals and their US employers overcome difficult NOIRs issued by USCIS, especially in cases where problems related to INA 212(a)(6)(C)(i) are involved.

In a recent case, a client approached us worried that he might lose his H1B status. Six months after his H1B petition was approved, USCIS made a site visit to his work location. He was not at work during the visit and USCIS found several issues which lead them to believe that our client was not working as described in the petition. However, several months passed without anything happening and our client thought everything would be fine. However, six months after the site visit, USCIS decided to issue an NOIR to the employer and gave them just 30 days to respond to 7 different issues they had with the petition.

We understand that such notices can be deeply unsettling but they are not the end of the road. Our firm swiftly stepped into action, meticulously crafting a point-by-point response to the USCIS’s concerns. With more than 20 years of experience in immigration law, we challenged the NOIR by collecting substantial evidence, preparing comprehensive documentation, and building a robust defense arguing our client’s compliance with H1B requirements. Our focused and aggressive approach was designed to address not only the immediate revocation threat but also to solidify our client’s standing with USCIS going forward.

This is just one of many success stories that illustrate our expertise and commitment to securing positive results for our clients. If you or your employees have been served with a NOIR, time is of the essence. Don’t hesitate to reach out to us. Contact our office and we’ll work together to reach a favorable outcome in your case.

H1B RFE Received Due to INA 212(a)(6)(C)(i)

Foreign nationals may be inadmissible if he or she made a false representation in order to obtain an immigration benefit. Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

We take pride in our track record of helping foreign nationals and their US employers overcome difficult RFEs issued by USCIS, especially in cases where problems related to INA 212(a)(6)(C)(i) are involved.

In a recent case, a client approached us in a state of panic after receiving an RFE for his H1B petition. His application had been submitted by his company’s lawyer who was not able to properly explain our client’s previous involvement with AZTech. During his Optional Practical Training (OPT), the client had paid for training with AZTech, only to later discover that the company was fraudulent. Although he left the company as soon as he discovered the company was fake, USCIS brought up the issues several years later in his H1B petition.

USCIS believed our client had committed fraud due to his association with AZTech during his OPT. This not only raised questions about potential misrepresentation under INA 212(a)(6)(C)(i), but also put the legitimacy of his F1 student visa status into question, stating that they may classify his stay as unlawful.

Facing such complicated inadmissibility issues, the client wisely chose to retain our services. Our team meticulously prepared a comprehensive legal argument to accompany his RFE response. The outcome? USCIS concurred with our position, approved the H1B petition, and issued an I-94 to our client.

This is just one of many success stories that illustrate our expertise and commitment to securing positive results for our clients. If you’re facing similar immigration challenges, don’t hesitate to reach out to us. Contact our office and we’ll work together to reach a favorable outcome in your case.

Change of Status from H2B Visa to H1B Visa

I am curently in USA on h2b viza. My I-94 expires on May 31, 2010.

I would like to change my statul for H1B visa. I have Batchelor degree in economics and master degree in accounting. beside my job for my h2b employeer i am doing an internship as an accountant in one company. the owner of this company would like to help me to change my staus if this is possible. i would like to know if it is posible to change my status in my case. Thak you. Looking forward to hear from you. Best regards.

Your current employer would be able to sponsor your change of status from H2B to H1B provided that he offers you a position that requires the use of your degree(s) such as an accountant, budget/credit analyst, financial analyst, economist or other financial specialist.

Self Employment in OPT and H1B Status

I have a question, and i hope you can help me with it.

I am on F1 student visa. i am doing my masters in accounting also planing to sit for the CPA.

I know that after graduation you are allowed to take OPT and work for up to 12 months. while your are on the OPT you are allowed to be self emloyee, during that period i want to open my own CPA firm or atleast bookkeeping office and be self employed.

My question is if i open my own accounting office can i soponser my self with an H1 VISA?

A student on OPT may start a business and be self-employed. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program. The rules are quite different for an H1B visa. In order to obtain an H1B visa with your own firm, you must establish that you firm is separate from you and has a certain level of control over your actions. The best way to do this is to have a minority interest in your firm, i.e., get a partner or two.

From L1B Visa to H1B Visa

I am currently on L1B visa and it expires in September 2012. I want to apply for H1B visa.

My qualifications:

Bachlors Degree: Computer Science

IT experience: 4 years. (in consulting)

Current Location: Los Angeles(CA)

Questions:

1. What are the chances of getting H1B visa?

2. How can your firm help me out in getting this visa?

3. Along with visa do you also provide job?

You are certainly qualified for an H1B visa. You will just need an employer to offer you a proper position and agree to sponsor you. We do assist in finding H1B sponsors as well as process the visa paperwork. There is a six year limit for people in H1B and L1 visa status so depending on how long you have been in L visa status, you may not be eligible for a full three year H1B. Please contact our office for more information.

Nurse Green Card Options for a BSN Holder

I am a registered nurse about to get my BSN this August 2010. I am really concerned about the retrogression and would like to know the steps i need to take to find a sponsor for green card. Thanks

There is still a special category for nurses (Schedule A) which allows a company to sponsor you for a green card without having to undergo labor certification (PERM). However, it is no longer fast tracked and processing times are currently about five years so you will need to maintain your nonimmigrant status if you wish to remain in the US while the green card application is pending. Since you have a BSN, you may qualify for an H1B visa depending on the type of nursing position you are able to find.

Help with Finding a Visa Sponsor

I was wondering if you can in any was assist. Here is the situation: I have a cousin that is visiting from mexico and has a Medical degree back in her country. We are aware of the steps that she must take in order to practice medicinde in the U.S. However, she was wondering where or if she can find an employer that can sponsor her in the meantime. I don’t know how to help her, so if you can help out I would appretiate it very much. 

Yes, we can help her find a company to sponsor your cousin for a work visa. She may be eligible for a TN or H1B visa but she would not be able to work as a physician until she is licensed.

H1B Husband Doesn’t Want H4 Wife to Take Kids to India

I am H1B working fulltime for one IT company. I have two kids One Daughter (7th Grade) and Son(Kindergarden).My wife wants to go back to india along with kids for which I am not interested due to career growth of my elder child. my question, Can I stop legally my kids go back to india. I am not bothered about my wife. Let her go toinida.

This isn’t really an immigration issue, it is more of a family law issue. In order to prevent your wife from taking the kids to India, assuming you are located in Illinois, you’ll need to petition the Circuit Court for custody of the children. Then you will have authority over where they will reside.

Marriage Green Card for Foreign National Working for US Firm Abroad

I am an american citizen,I am getting married to a Mexican woman on may 2011. My question is: she works for an American company down in Mexico. after we get married in may she is coming to the US with a work visa, would we have any problems if we put the application for a green card while she is working with a work visa?

There may be some issues with immigrant/nonimmigrant intent depending on the type of work visa she will obtain (TN v H1B or other) but we can help the both of you resolve this issue and any others that may arise.

H1C Visa

My brother an experienced registered nurse from Iran, getting his p.H.D. in business administration in Malaysia is interested in migrating to the U.S.A. I came across the H1C visa and your firm, I would like to get some info and if it is possible get the case going.

Unfortunately, the H1C visa classification expired on December 20, 2009 and has not been renewed by Congress. We expect this category to be extended but in the meantime, your brother may be able to obtain an H1B visa as a nurse if he is able to work as a specialty nurse or in an administrative capacity.