H-1B Visa process ends in approval for Indian chief tech officer

The journey of an immigrant in his efforts to obtain a Green Card can be longer and harder than his first decision to leave his country. One of our clients had a long and difficult struggle over the years, until he finally was able to become a resident. Our client, Chief technology officer came from India as a student and later started working under an H-1B (temporary work) visa. We helped him renew the H-1B to the maximum possible, and also helped him recapture some months for the period of time he was away from USA. After his last H-1B extension was denied, we filed a Motion to Reopen and our client waited for the result. This Motion was denied, but neither the client, nor us received any notice. We only found out when he was put in removal proceedings for staying in USA without authorization. We asked for his Voluntary Departure, since had overstayed for less than a year and was ready to leave the country by his own means. As a consequence he did not receive a bar (prohibition) to return to USA for a number of years, as would have happened, if he was deported.

We had been preparing his Labor Certification with his employer who would sponsor him for an I-140 (Immigrant Work Visa). After it was approved we filed the I-140 and I-485 (Green Card) petition. USCIS issued Intent to Deny the I-140 and we had to showed evidence that the employer had ability to pay the proffered salary. We emphasized that the company had enough assets and capital investments, but the fact that it was a new company had to be taken in consideration when evaluating their ability to pay. We were relieved to see that USCIS finally understood this. He was approved for a Work Visa in February 2008 and was scheduled for an interview for his Green Card case in April 2008. Unfortunately, our client got into trouble and was charged for a misdemeanor a few days before his interview. We had to reschedule the interview which finally took place by the end of June 2008. Our attorney assisted to the interview and made sure the count of days of his legal status was not an issue, validating both the voluntary departure request and the recaptured days during the H-1B. We were thrilled when he was approved his Green Card in August 2008. Our client was very happy and grateful to us for walking with him through the whole process, for so many years.

Read more of our H-1B Temporary (Nonimmigrant) Workers Success Stories!