CASE: H-1B Visa Petition

PETITIONER: School District in Mohave Valley, AZ

BENEFICIARY: Filipina Elementary Education Teacher

ISSUES: Cap-Exempt, Research Organization

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in March 2019 to seek legal assistance from our office for their foreign employee. The beneficiary is an Elementary Education Teacher from the Philippines who has been working for this employer for last 5 years under J-1 status. Though she was subject to INA 212(e), two-year foreign residency requirement, she already obtained a J-1 waiver from the USCIS.

The proffered position for the Beneficiary is an Elementary Education Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2020 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B).

Once retained, our office filed the H-1B visa petition with various supporting documents on April 29, 2019, via premium processing. However, the USCIS issued the Request for Evidence (RFE) and requested our client to submit her I-612 J-1 waiver approval notice once again. Our office filed the Response to RFE on May 14, 2019. Eventually, our client’s H-1B application was approved on May 23, 2019.  She can now work for her employer for three years on an H-1B status.

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CASE: H-1B Visa Extension Petition
PETITIONER:  Sensor Device Development Company in Irvine, CA
BENEFICIARY: Mechanical Engineer from Japan

Our client is a leading company in providing innovative sensors and health monitoring solutions to the problem related to maintenance and safety of civil infrastructure and other structural / material systems. They contacted our office in January 2019 to seek legal assistance from our office for their foreign employee’s H-1B extension.  The beneficiary obtained his Master’s Degree in Mechanical Engineering. The proffered position for the Beneficiary is a Principal Engineer which qualifies as a specialty occupation. This proffered position is clearly a “specialty occupation” because the minimum requirements for this position are a Bachelor’s Degree in Science/Engineering or its equivalent.  Moreover, our office helped this employee’s H-1B transfer case in 2016 and it was approved by the USCIS.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on February 18, 2019 via the regular processing service. Eventually, our client’s H-1B application was approved on May 15, 2019.  His H-1B is good until April 11, 2021.

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CASE: H-1B Visa Petition

PETITIONER: School District in Mohave Valley, AZ

BENEFICIARY: Filipina Elementary Special Education Teacher

ISSUES: Cap-Exempt, Research Organization

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in March 2019 to seek legal assistance from our office for their foreign employee. The beneficiary is an Elementary Special Education Teacher from the Philippines who has been working for this employer for the last 4 years under J-1 status. Though she was subject to INA 212(e), two-year foreign residency requirement, she already obtained a J-1 waiver from the USCIS.

The proffered position for the Beneficiary is an Elementary Special Education Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2020 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B).

Once retained, our office filed the H-1B visa petition with various supporting documents on April 19, 2019, via premium processing. There were no Requests for Evidence during the processing of the H-1B. Eventually, our client’s H-1B application was approved on May 1, 2019.  She can now work for her employer for three years on an H-1B status.

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CASE: H-1B Extension

PETITIONER: Elementary School

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: Crownpoint, New Mexico

Our client is a public grant elementary school for Native Indians in New Mexico. They contacted our office to seek assistance from our office for their foreign employee. The beneficiary is from the Philippines and she obtained her Bachelor’s degree in English. The proffered position for the Beneficiary is an elementary school teacher which we argued qualifies as a specialty occupation

The foreign beneficiary in this case already had her H-1B from our client last year.  She also has an approved I-140 petition which allows her to get three year extension. Her H-1B status was not yet expired, and she wanted to extend her H-1B status.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on December 3, 2018 via regular processing.  Since this petition was based on an extension, this petition was exempt from the annual cap of the H-1B. Thus, we could file prior to April 1, 2019.  Eventually, our client’s H-1B Petition was approved on April 9, 2019 without any RFE. Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can continuously work there.

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CASE: H-1B Visa Petition

PETITIONER:  Functional Food Company in Dallas Texas

BENEFICIARY: Indian Industrial Engineer

Our client is a global healthy functional food company in Dallas, TX. They contacted our office in later February of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained her Master of Science in Industrial Engineering in the United States. The proffered position for the Beneficiary is an Industrial Engineer which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 30, 2018 via regular processing service. This H-1B petition was selected after the lottery. Our client’s H-1B application was approved on June 21, 2018 without any Request for Evidence (RFE).

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese

LOCATION: Cleveland, OH

Our client is from China who came to the U.S. on an H-1B visa. In May 2017, our client married her current U.S. citizen husband.  She retained our office for her green card application in June 2017. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 27, 2017.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients at our office. On June 4, 2018, our client was interviewed at Cleveland Ohio USCIS office.  Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on June 5, 2018, her green card application was approved.

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CASE: H-1B Change of Employer

PETITIONER: Waste Management Company

BENEFICIARY: Indian Chief Financial Officer

LOCATION: St. Louis, MO

Our client is a wastewater treatment and management company in St. Louis, MO area. They contacted our office in early September 2017 to seek a legal assistance from our office for their foreign employee. The beneficiary is from India and she obtained her Master’s degree in Business Administration. The proffered position for the Beneficiary is a Chief Financial Officer which qualifies as a specialty occupation. This proffered position is clearly a “specialty occupation” because the minimum requirements for this position are a Master’s Degree in Business Administration or its equivalent.  

The foreign beneficiary in this case already had her H-1B visa from her previous employer.  However, her H-1B visa was not expired yet, and she wanted to extend her H-1B status on the change of employer basis.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on September 27, 2017. Since this petition was based on the change of employer, this petition was exempted from the annual cap of the H-1B.  Thus, we could file prior to the April 1. There were no Requests for Evidence during the processing of the H-1B. Eventually, our client’s H-1B Petition was approved on April 24, 2018. Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can work there for next three years.

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CASE: H-1B Extension

PETITIONER: Elementary School

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: New Mexico

Our client is a public grant elementary school for Native Indians in New Mexico. They contacted our office to seek assistance for their foreign employee. The beneficiary is from the Philippines and she obtained her Bachelor’s degree in English. The proffered position for the Beneficiary is an elementary school teacher which we argued qualifies as a specialty occupation.

The foreign beneficiary in this case already had her H-1B from our client last year.  She also has an approved I-140 petition which allows her to get three year extension. Her H-1B status was not yet expired, and she wanted to extend her H-1B status.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on December 13, 2017 via regular processing.  Since this petition was based on an extension, this petition was exempt from the annual cap of the H-1B. Thus, we could file prior to April 1, 2018.  Eventually, our client’s H-1B Petition was approved on March 8, 2018 without any RFE. Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can continuously work there.

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CASE: H-1B Extension

PETITIONER:  Environmental Engineering Consulting Company

BENEFICIARY: Indian Principal Consulting Environmental / Water Engineer

Our client is an Environmental Engineering Consulting Company in Fairfax, VA. They contacted our office in November 2017 to seek legal assistance from our office for their foreign employee’s H-1B Extension.  The beneficiary is from India and obtained his Bachelor’s degree and Master’s Degree in Civil / Environmental Engineering. The proffered position for the Beneficiary is a Principal Consulting Environmental / Water Engineer which we argued qualifies as a specialty occupation.  He has been working for the Petitioner on a valid H-1B visa. The beneficiary already used his H-1B status for 6 years, but he is entitled to get 3 year extension since he has an approved I-140 petition for him. Our office helped his previous H-1B extension and his H-1B extension was granted in December 2014.

After retention, our office filed the H-1B visa petition with various supporting documents on December 5, 2017 via premium processing. Eventually, without any RFE, our client’s H-1B extension was approved on December 13, 2017. Now the Beneficiary can continue for the Petitioner on an H-1B status until December 2020.

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CASE: H-1B Visa Petition

PETITIONER: School in New Mexico

BENEFICIARY: Filipina Middle School Math Teacher

ISSUES: Cap-Exempt, Research Organization

Our client is a non-profit organization affiliated with five institutions of higher education. They contacted our office in September 2017 to seek legal assistance from our office for their foreign employee. The beneficiary is a Middle School Math Teacher from the Philippines.  

The proffered position for the Beneficiary is a Middle School Math Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Science or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2018 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B).

Once retained, our office filed the H-1B visa petition with various supporting documents on October 13, 2017, via premium processing. There were no Requests for Evidence during the processing of the H-1B. Eventually, our client’s H-1B application was approved on October 18, 2017.  She can now work for her employer for three years on an H-1B status.

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