At the Law Offices of Sabrina Li, we know that employer mistakes can put a client’s immigration status at risk. When a university failed to timely file our client’s H-1B extension, both his status and his spouse’s H-4 extension were jeopardized. Despite the late filing, we successfully helped him obtain H-1B and H-4 extension approvals through a Nunc Pro Tunc (NPT) request, ensuring that both he and his spouse could remain in the U.S. without interruption.  

‍Background: A Missed Deadline Threatens H-1B and H-4 Status

Our client, an assistant professor with H-1B status and the beneficiary of an approved EB-1B immigrant petition for outstanding professors and researchers, reached out to us after discovering that his employer, the university, had failed to file a timely H-1B extension petition. This oversight also impacted the H-4 extension application for his spouse. Since the university has its own immigration attorney, the client, with the university’s approval, retained our services solely to prepare the NPT requests for both the H-1B and H-4 extensions.

Crafting a Strong NPT Filing Package

Understanding the urgency, we worked quickly to build a compelling NPT request package. We helped the university draft a detailed support letter, clearly outlining the extraordinary circumstances beyond their control that led to the delay.Within 10 days, we finalized the NPT request packages and provided them to the university’s attorney for submission along with the H-1B and H-4 extension applications.

Unnecessary Complications: A Costly Mistake by the University Attorney

Despite our guidance, the university attorney insisted on including the client’s personal statement in which he apologized for assuming that the H-1B extension had been timely filed. We strongly advised against this inclusion, emphasizing that the foundation of the NPT request lies in the petitioner’s extraordinary circumstances, not the beneficiary’s perspective or assumptions. Unfortunately, the statement was included, diluting the focus of the NPT argument and leading to complications.

Three weeks later, USCIS issued a Notice of Intent to Deny (NOID) for the H-1B petition, citing the client’s assumption as insufficient to establish extraordinary circumstances beyond the petitioner’s control. Recognizing the urgency of the situation, the client turned to us again for immediate support.

From NOID to Straight Approval

When the client received the NOID, he immediately sought our assistance again. After reviewing the issue, we pinpointed the problem—the personal statement had undermined the NPT argument by shifting focus away from the employer’s failure.

To rectify the situation, we advised the client to work with the university attorney to withdraw the initial filing and refile the petition using the original NPT package we had prepared, which relied solely on the petitioner’s extraordinary circumstances and avoided unnecessary distractions.

This time, our instructions were followed precisely, and the filing focused solely on the petitioner’s extraordinary circumstances. Three weeks after the refiling, the client informed us of the exciting news that USCIS had approved the untimely H-1B extension. 

Need Help with Rejected or Late H-1B Filings? Contact the Law Offices of Sabrina Li

When an employer’s mistake threatens your immigration status, having the right legal team makes all the difference. Our founding attorney, Sabrina Li, is certified by the State Bar of California as a legal specialist in immigration and nationality law. Under her leadership, our legal team is well-versed in handling complex immigration matters, including Nunc Pro Tunc requests for late filings.

If you or someone you know is facing a similar issue, contact us today at (213) 375-8096 or email info@sabrinali.law to get expert guidance and ensure the best possible outcome.