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Immigration Law Success Stories
January 27, 2011
In the process of filing an I-485 Employment Based Adjustment of Status Application for the derivative spouse of a principal applicant, our lawyers discovered that the spouse had been issued by the US Embassy a 5 year visa for H-4 status instead of a visa for H-4 status through the duration of the principal applicant's H-1B status. When the derivative spouse entered the U.S. with the H-4 visa, the CBP Officer at the airport mistakenly granted H-4 status through the expiration date of the incorrect visa of 5/15/2015. We wanted to ensure that the I-94 card was correct prior to filing the adjustment of status application so we sent the spouse to the Philadelphia International Airport with proof of the principal applicant's H-1B status to request that the CBP correct the I-94 card and provide an expiration date the same as the expiration date of the Principal Applicant's H-1B status. The CBP made the I-94 correction nunc pro tunc and upon receipt of the corrected I-94 card our law firm filed for adjustment of status for both the principal applicant and derivative spouse.
January 21, 2011
The immigration law allows an individual who is working in H-1B status for a cap-exempt H-1B employer to apply for and obtain authorization for additional part-time H-1B employment with a cap-subject H-1B employer without being subject to the H-1B cap. So long as the H-1B employee is maintaining the H-1B cap exempt employment, the individual can be authorized to work for both employers. Our Philadelphia immigration lawyers were asked to file such a petition for a researcher who had discovered a new drug that was being developed by a start-up pharmaceutical company. The start-up pharmaceutical company wanted to employ the researcher directly for 10-15 hours per week in addition to his full-time University researcher position. We filed the petition explaining that it should not be subject to the H-1B cap and the petition was approved.
January 19, 2011
Our law firm was contacted by a Company that provides physical therapy services in the State of Washington that found us on the Internet. The Company is a rapidly growing start-up Company located in an assisted living facility. The Company wished to hire a physical therapist who was already in the United States in H-1B status working for another employer. We filed an H-1B change of employer petition with the Immigration Service. In support of the H-1B petition we included extensive documentation of the viability of the employer's business and the bona fide nature of the job offer. Additionally, the physical therapist's visa screen certificate had expired but a physical therapist may change H-1B employers even with an expired visa screen certificate as a change of employer is not considered an "admission" which would require a valid visa screen certificate. We cited the appropriate regulations to the Immigration Service regarding the expired visa screen certificate issue. The H-1B Petition was filed via premium processing and was approved.
January 1, 2011
Our firm is Immigration Counsel to one of the largest Hospitals in the State of Pennsylvania. We successfully processed an H-1B transfer petition for an individual who had completed his medical residency and was beginning a Cardiology Fellowship position with our client. We recaptured time the H-1B employee had spent outside the United States in order to maximize as much of the 6 year allowable time in H-1B status as possible.
December 30, 2010
Our Immigration Attorneys in Philadelphia were retained by a Real Estate Investment Trust in Florida to process an H-1B Cap Petition on behalf of an individual who was performing financial analysis on their behalf related to investments in commercial real estate. The individual was working for our client in connection with his F-1 Optional Practical Training and wanted to file his H-1B Petition while cap numbers were still available. The individual had an urgent need to travel so we filed the H-1B Petition using the premium processing service. The Petition was approved and following the approval the client traveled outside the United States and applied for and obtained an H-1B visa to return to the United States.
November 30, 2010
Our immigration lawyers filed an H-1B Petition for a Computer Programmer working for one of the largest companies in the business of automobile sales on the Internet. The Computer Programmer helped create the websites and update the content for the Company. We advised the employer of the H-1B and public access file requirements, obtained the prevailing wage for the position, drafted the required poster notice, filed the Labor Condition Application, prepared and filed the H-1B Petition with USCIS, and assisted the employer with the creation of the required Department of Labor public access file. The H-1B Petition was for a change of status from F-1 to H-1B. The employees OPT expired February 2, 2011 so we requested the H-1B status take effect on February 3, 2011.
October 29, 2010
Our attorneys represent a nationally renown Hospital in the sponsorship of foreign nationals they wish to employ. The Hospital is affiliated with a prestigious University and sponsors foreign nationals in H-1B status each year for medical residency and fellowship positions. We filed a petition with the USCIS California Service Center requesting an H-1B transfer for a foreign national who was joining the cardiology fellowship program. The foreign national began working for the Hospital under the H-1B portability provisions and the H-1B petition was ultimately approved.
October 12, 2010
Our immigration lawyers successfully filed an H-1B extension petition for an Assistant Professor at a Community College. The Petition was filed prior to the expiration of the prior authorized period of H-1B status which automatically extended the work authorization for a period of 240 days. Upon receipt of the approval notice the Community College updated the I-9 form of the Assistant Professor.
September 29, 2010
Our lawyers represent a large engineering firm in Philadelphia, PA in the handling of all of their immigration matters. The engineering firm had hired an F-1 student on Optional Practical Training whose work authorization expired on August 21, 2010. The engineering firm wanted to continue employing the F-1 student beyond the expiration date of his work authorization so we filed a petition for a change of status with the Immigration Service prior to the August 21, 2010 expiration date of the work authorization. The filing of the Petition prior to the expiration of the work authorization automatically extended the Optional Practical Training work authorization through September 30, 2010 under the H-1B "cap gap" regulations. The H-1B petition, which was for a bridge engineering position, was approved by the Immigration Service and the status of the employee changes from F-1 to H-1B effective October 1, 2010.
September 10, 2010
Our Philadelphia Immigration Lawyers filed a FY-2011 H-1B cap case for a start-up company that develops website software for managing contact information, events and marketing data. The H-1B petition was for the position of Programmer which involved designing and building web-based applications. Start-up companies that file H-1B petitions must demonstrate to United States Citizenship and Immigration Services that there is a bona fide non-speculative job offer. In support of the petition our law firm explained the business of the employer, the need for the employer to hire a programmer, and provided evidence regarding the viability of the employer's business and its finances. The H-1B Petition was approved.
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Asylum Applications (6)
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F-1 Student Visas (1)
H-1B Specialty Occupation Visas (41)
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