H-1B Renewal Saved: Overcoming Sinocontech Association
August 30, 2023

Table of ContenTS

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 our office after USCIS issued a Request for Evidence (RFE) for his I-129 extension of status request for his H-1B status. The client’s employer had used a different firm to file the case. However, when USCIS issued the RFE, the client turned to the Offices of Sabrina Li to help him protect his interests.

The client was rightly concerned that his future potential immigration possibilities could be affected. The RFE alleged that the client made misrepresentations to USCIS regarding his employment with Sinocontech. The client had listed Sinocontech as an employer during his STEM OPT employment. Sinocontech, Findream, and their owner, Kelly Huang were found by USCIS to have committed visa fraud in assisting individuals in obtaining OPT and H-1B visas or maintaining OPT and H-1B status without valid offers of employment. US immigration law does not stipulate a statute of limitations. This means that if an applicant committed a willful, material misrepresentation at any time, he or she would be permanently barred from any immigration benefits under Section 212(a)(6)(C)(i). Seeing the seriousness of the matter alleged in the RFE, the client hired our firm to help him draft the materials he would present to his employer and the employer’s attorney so that they could respond to the RFE.

Our team worked directly with the client to detail the client’s work history and helped him craft an affidavit that explained the entire situation. We assisted the client in pointing out that our client diligently tried to get assignments from Sinocontech and was a mere victim of the owner’s scheme.

Our joint efforts were successful, and our client’s H-1B status extension request was approved! Further, our diligent work allowed the client to avoid a finding of inadmissibility for any fraud or material misrepresentation so that he could remain eligible for an H-1B status.

To be eligible for an extension of status inside of the United States, the individual must:

  • Be lawfully admitted to the United States with a nonimmigrant visa
  • Be in valid status and have not violated the conditions of admission
  • Be eligible for the status requested

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 at 213-375-8096. We are here to help!

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