We’d like to
introduce you to Mr.
Smart, a young professional
who at the time we
first met him had
just finished his
MBA degree in the
US. He looked to have
a promising career
ahead of him. After
completing his MBA
he took a position
as a Financial Analyst
with a small accounting
firm Company A in
California. He began
this position using
his Optional Practical
Training.
Because the H-1B cap
was fast approaching,
after using only a
few months of his
OPT he came to us
for assistance in
getting an H-1B. We
prepared and filed
the H-1B petition
under the Company
A. This was the first
H-1B for the small
accounting firm which
barely had an employee
or two. We received
an approval a short
time later.
He has become another
satisfied client …
but not the end of
our story.
A little over a year
later Mr. Smart was
offered a position
as the Chief Financial
Officer and Controller
for Company B, a start-up
company that provides
management and accounting
services to a group
of controlled companies.
They are also the
sole distributor of
the group’s
products under their
own brand name, in
the US. The President
of the company decided
to use a local immigration
attorney to assist
with the filing of
an H1B transfer petition
for Mr. Smart.
After filing the petition,
the local immigration
attorney received
an extensive Request
For Evidence asking
for proof that the
position of CFO/Controller
was a “specialty
occupation”
qualifying for H-1B
treatment, proof that
the employer was a
legitimate business,
proof that the position
offered was a qualifying
position and that
Company B was not
just acting as an
agent for Mr. Smart,
and that Mr. Smart
had maintained his
status while in the
US.
After reviewing the
RFE, the attorney
advised Company B
and Mr. Smart that
the H-1B could not
be approved and advised
Mr. Smart that he
would have to leave
the country immediately.
He also told Mr. Smart
that he would continue
to work on the RFE
(even though he did
not believe it could
be approved) if the
company would pay
him an additional
fee over the 5K retainer
they have already
paid.
Not believing that
this could be the
case Mr. Smart contacted
VisaPro and forwarded
a copy of the RFE
for our opinion. After
reviewing the offered
position and analyzing
the corporate and
group structure we
felt that the position
offered did qualify
for H-1B status. While
it would take some
work we felt that
the company should
pursue the H-1B for
Mr. Smart and respond
to the RFE.
We worked closely
with the company to
pull together the
information the USCIS
was asking for and
organize it in a way
that the USCIS examining
officer could understand
it. While it took
extra efforts we were
able to prepare and
submit a package that
we thought addressed
all the concerns of
the examiner. As it
turns out, we were
right. A short time
after we submitted
the response to the
RFE we received the
following message
from Mr. Smart:
| My
case has been
approved. Thank
you for the
good work and
getting an approval
on a near impossible
case. |
Unfortunately, this
is still not the end
of the story ......
The USCIS sent the
approval notice to
the former attorney
in California. The
attorney refused to
release the approval
notice or any of Company
B’s documents.
Finally, when Mr.
Smart went to the
office to try and
pick them up (he was
told they would not
give him the documents
and rudely told to
leave). The attorney
would not even respond
to an inquiry from
the congressman for
the district. We again
stepped in and assisted
Mr. Smart. The attorney
finally agreed to
forward the approval
notice to us and drop
all claims that he
was still owed money
for the preparation
of the initial H-1B
package.
While the case took
a lot of work, we
were able to get an
approval on a case
that the local immigration
attorney who originally
filed the petition
thought was impossible.
With our flat fee
structure, the client
knew exactly what
he was going to pay
well ahead of giving
us the case. Our attorneys
and immigration advisors
have the experience
to review and analyze
difficult cases and
formulate strategies
for success.
We would be happy
to review your case
and discuss your options.
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