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Federal lawsuits can overturn arbitrary H-1B visa extensions or transfer denials.
Federal lawsuits can overturn arbitrary H-1B Denial visa extensions or transfer denials.
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Our H-1B Denial visa lawyer can assist you in reversing the erroneous decision that was made regarding your H-1B visa requirements by filing a federal lawsuit on your behalf. This will enable you to obtain results by compelling the government to adjudicate cases that have been unlawfully delayed or to overturn arbitrary denials of H-1B extensions and H-1B transfers. You can reach us at (714) 868-8250.
Litigation in federal court has the potential to be an efficient means of resolving H-1B denials and errors made by the government. Within two to four months of the case filing, the government backs down in over ninety percent of the instances we bring.
This petition isn't presented to the officer who denied the initial petition, nor is additional evidence required. 33-day appeals and motions aren't due quickly. If the new petition is filed before the beneficiary's previous status expires, he may remain in the U.S. pending a decision on the petition and application for an extension of stay or change of status. A new petition may be ineffective if the previous ruling applies or the beneficiary lost non-immigrant status. A new petition may not help if the previous ruling applies or the beneficiary lost non-immigrant status. A new petition may not help if the former ruling applies to the current petition or if the beneficiary lost non-immigrant status.
A federal lawsuit is often more desirable than an appeal because a federal court is a fairer tribunal than the AAO and will limit itself to the initial denial grounds. The majority of strong cases are favorably settled before the judge, frequently within two to four months, which is significantly faster than a successful AAO appeal. Too many USCIS and BIA visa petition decisions meet this requirement; the quickest remedy is to file a lawsuit.
Because the petitioner, who is the employer who is sponsoring the foreign national for an H-1B Denial visa, does not appear to be a real, established, operating U.S. company with the capacity to hire and pay, an H-1B visa or status is frequently denied or refused. This is because the petitioner is the employer who is sponsoring the foreign national for an H-1B visa.
Garcia & Phan Firm publishes this website as a service to our clients and friends for general informational purposes only. These materials do not and are not intended to constitute legal advice. You should not act upon any such information without seeing professional counsel. These materials may be considered advertising in your state. The information provided on the web is not privileged and does not create an attorney-client relationship with the Garcia & Phan Law Firm or any of the firm’s lawyers. The principal office of the Garcia & Phan Law Firm is located in Huntington Beach, California. Its attorneys are licensed to practice law in California. The firm does not intend to practice law in any jurisdictions where the firm is not licensed.
