H-1B Visa process ends in Approval

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.

Sponsorship from Employer 

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 and was scheduled for an interview for his Green Card case. Unfortunately, our client got into trouble and was charged for a misdemeanor a few days before his interview. We had to reschedule the interview.  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. 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!



This Success Story contains no client identification. Any photograph, unless otherwise stated, is a stock photograph, and is not intended to represent any real person affiliated with the law firm. The strategy used in this Success Story does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this article.  The information provided should never replace informed counsel when specific immigration-related guidance is needed.

© 2019 Margaret W. Wong & Associates LLC.  All rights reserved. Information may not be reproduced, displayed, modified or distributed without the express prior written permission of Margaret W. Wong & Associates LLC.  For permission, contact [email protected].

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