Visas — Page 47

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H-1B Approval for Pakistani Hotel General Manager in Columbus Ohio

by JP Sarmiento on June 25, 2010

CASE: H-1B Extension With Potential Specialty Occupation Issues
TYPE OF PETITIONER: Hotel
POSITION: Hotel General Manager
LOCATION: Ohio

Our client is a Pakistani national who has been on H-1B status for over 8 years. His H-1B had been extended for one year at a time for the past two years. Within the past year, an I-140 Petition was approved with him as the beneficiary. He consulted with our office regarding filing an extension. Our office reviewed his documents and with the approved I-140, informed him that the H-1B extension would be a 3-year extension. Another issue is his position – that of a hotel general manager. For this year, the position is deemed under ONET classifications as a Job Zone 3 position which does not require a bachelor’s degree. Unless we can persuade the USCIS that a hotel general manager for the Petitioner is a “specialty occupation” the H-1B may be denied. Upon discussing the case with the Petitioner regarding the specific description of the position, we prepared a detailed employment letter together with a more extensive cover letter to argue upfront that the hotel general manager in this instance is a specialty occupation, that the position is so complex that it requires someone possessing at least a Bachelors Degree. The I-140 approval was also attached and a portion of the cover letter cited the AC-21 regulation allowing for a 3-year extension. On April 15, 2010, the H-1B extension was filed. 3 weeks later, our client informed us that new ownership has taken over the petitioner. They were wondering if the filing fees submitted were useless as they assumed an amendment should now be filed. Our office assured them that no amendment is needed and sent a letter together with a citation of INA § 214(c)(10) which specifically addressed this issue. On June 16, 2010, with no Requests for Evidence by the CIS addressing the issue of whether the position was a specialty occupation, our client’s 3-year H-1B extension was approved.

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J-2 Waiver Approval for Filipino Client in New Jersey – Post Divorce / Interested Government Agency

by JP Sarmiento on June 2, 2010

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Filipino
LOCATION: New Jersey

Our client is a Filipino national who came to the U.S. on an J-2 Visa. He came with his wife who was on a J-1 Visa. Both were subject to the two-year foreign residency requirement, meaning you would have to go back to your home country for two-years before you can apply for permanent residency and some non-immigrant visas. He got divorced from his wife and later on thought of marrying his U.S. Citizen girlfriend. He consulted with our firm on whether he can apply for a green card upon marriage. We told him he could not because he is still subject to the two-year foreign residency requirement. We first had to do a waiver of this requirement. Our firm was retained to do this J-2 waiver on April 7, 2010. On April 9, 2010 the J-2 Waiver was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client is divorced from the J-1 visa holder. On April 28, 2010 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On May 28, 2010, the USCIS approved the waiver of the 2-year foreign residency requirement. Our client can now get married and apply for his green card without having to go back to the Philippines and be separated from his fiancé for two years.

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Approved Change of Status from J-1 to B-2 for Filipino Client in Cleveland Ohio

by JP Sarmiento on May 5, 2010

CASE: Change of Status from J-1 to B-2 Visitor
NATIONALITY: Filipino (Philippines)
LOCATION: Ohio

Our client is a Filipino national who came to the U.S. on a J-1 Visa. She consulted with our firm a few weeks before the expiration of her J-1 status. She wanted to continue to stay in the United States for a few more months to visit her relatives and see what her options were. We explained to her that CIS has been more stringent on Visitor status applications. We also explained that a Change of Status from a J-1 is even harder than an Visitor extension application. Upon retention, we asked her to prepare a statement on her plans after the expiration of her J-1 program. We asked her to provide as much detail as possible as we reviewed her drafts several times. We made sure all addresses, contact information, and dates on her statements were complete and accurate. We made sure all her plans were supported by corroborating evidence as exhibits to the application to avoid a possible Request for Evidence by the CIS. Letters from family and friends all over the country were obtained, as well as financial and employment documents from the Philippines. We filed the Application and in a few weeks, her change of status to B-2 visitor was approved with no Requests for Evidence.

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H-1B Approval for Pakistani Hotel General Manager in Columbus Ohio

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J-2 Waiver Approval for Filipino Client in New Jersey – Post Divorce / Interested Government Agency

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Approved Change of Status from J-1 to B-2 for Filipino Client in Cleveland Ohio

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