The Law Offices of Sabrina Li has been successful in assisting another client. We would like to share their case with you.

Our client came to us because he had filed an H-1B extension application but had received a Notice of Intent to Deny (NOID) his extension request. The client’s employer had used an attorney to file the H-1B extension, but our client wanted to hire their own attorney for the NOID response to protect his interests, so he turned to The Law Offices of Sabrina Li.

The difficulty in the case was that USCIS was alleging our client was ineligible for the extension because he was inadmissible under INA 212(a)(6)(C)(i) for making a material misrepresentation to maintain his post completion OPT by claiming Findream as an employer and subsequently also presenting Findream as a previous employer when he again applied for his STEM OPT extension. The United States Citizenship and Immigration Services (USCIS) had conducted a thorough inquiry into Findream’s operations, uncovering the firm’s involvement in aiding noncitizens in perpetrating visa fraud to secure OPT and H-1B visas without legitimate job offers.

Consequently, we recognized the significant challenges our client faced in this situation.

We knew that a finding of inadmissibility would disqualify him from receiving immigration benefits in the future as he was not eligible for a waiver of inadmissibility.  This could not only affect his eligibility for the current extension request but his future immigration prospects as well. As such, we knew we had to be meticulous and extremely careful in our response to the NOID.

We provided support to our client by collecting and scrutinizing evidence, and assisting our client in drafting an affidavit to substantiate that our client was unaware of Findream’s illicit activities in visa fraud and genuinely believed that the employment offer from Findream was bona fide. We further established that if such a misrepresentation was made, it was not material, as our client had not exceeded his allotted unemployment period and had nevertheless maintained his nonimmigrant status.

Our persistent and meticulous work paid off when, merely a few months after our help, the H-1B extension for our client was granted. This favorable outcome enabled our client to circumvent any potential determination of inadmissibility, ensuring that his future opportunities for immigration remained intact and unaffected.

To be guilty of making a material misrepresentation, an individual must:

• Make a false representation;
• The representation must be willfully and knowingly made;
• The representation must be made to seek an immigration benefit;
• The representation must be material to the immigration benefit; and
• The representation must be made to an immigration official.

If you or someone you know faces a similar situation and requires the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. Call us today at (213) 375-8096 or email us at info@sabrinali.law. We are committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.