The Immigration Problem
Company B filed an H1B Change of Employer petition on behalf of Mr. Smart. When USCIS issued an extensive H1B RFE, the attorney handling the case advised Company B that the H1B petition could not be approved and advised Mr. Smart to leave the country immediately.
VisaPro prepared and submited a comprehensive RFE Response package that addressed all the concerns of the examiner and the H1B petition was approved.
Inquiry Into The Background
After completing his MBA, Mr. Smart 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(OPT).
Because the H1B cap was fast approaching, after using only a few months of his OPT he came to us for assistance in getting an H1B. We prepared and filed the H1B cap petition under the Company A. This was the first H1B 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 (RFE) asking for proof that the position of CFO/Controller was a “specialty occupation” qualifying for H1B 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 H1B RFE, the attorney advised Company B and Mr. Smart that the H1B petition 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 H1B 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 H1B RFE for our opinion.
Analysis Of The Problem
After reviewing the offered position and analyzing the corporate and group structure we felt that the position offered did qualify for H1B status. While it would take some work we felt that the company should pursue the H1B transfer petition for Mr. Smart and respond to the H1B RFE.
VisaPro’s Successful Solution
1.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 comprehensive RFE Response package that we thought addressed all the concerns of the examiner.
2.As it turns out, we were right. A short time after we submitted the response to 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 ……
3.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 H1B case package.
While the H1B RFE Response 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 immigration attorneys have the experience to review and analyze different scenarios and formulate strategies for success. Contact VisaPro Immigration Lawyers to review your situation and discuss your options.
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What VisaPro Customers Are Saying
Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. They were very helpful in all phases of the H-1B visa process and they got it right the first time. I have tried other Visa services, but VisaPro is the best by far. VisaPro is the only way to go!"