H-1B Extension Approved Despite Findream History
August 30, 2023

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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 after USCIS issued a Notice of Intent to Deny (NOID) her application for the I-129 H-1B extension application. The NOID alleged that our client had willfully misrepresented a material fact to obtain an immigration benefit by listing Findream as an employer in connection with her OPT and H-1B applications. The client’s employer used a different firm to file the H-1B extension application; however, when the NOID was issued, the client knew she had to hire her own attorney to protect her interests. Thus, the client turned to our office for help.

The NOID could be detrimental to our client’s future immigration prospects as Findream, its owner, and related corporations were found by USCIS to have committed visa fraud in assisting individuals to obtain or maintain OPT and H-1B visas without valid offers of employment. If the client was found to have made a material misrepresentation, she would be inadmissible and ineligible for immigration benefits under INA § 212(a)(6)(C)(i). This could destroy our client’s immigration future as she had also filed an application for adjustment of status but did not have a qualifying relative to waive the inadmissibility.  

Thus, our office knew it was of the utmost importance to avoid an inadmissibility finding under INA § 212(a)(6)(C)(i). Our team worked directly with the client to show that our client had no idea that Findream was running a fraudulent scheme and truly thought she had been hired to work as an on-call employee. Moreover, our team made legal arguments that our client had nevertheless continuously maintained her status prior to applying for adjustment of status.

Our joint efforts were successful and our client’s H-1B extension was approved just one month later! Our client was so thrilled with our work that she also hired us to assist her when she received an almost identical NOID in regard to her adjustment of status application.  

Under Immigration Law, Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. The inadmissibility ground under INA § 212(a)(6)(C)(i) is especially stringent as it carries a lifelong impact. Although section 212(i) waivers are accessible for immigrant visa and adjustment of status applicants, proving "extreme hardship" to a qualifying relative can be a challenging endeavor.

If you or someone you know has encountered a similar issue and needs the assistance of qualified professionals, please do not hesitate to contact our office. We are here to help!

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