Case Victories

• December 09, 2020 – Late Filed TPS Approved for Nepali National

  Our client did not register for TPS when the program opened, but she was able to maintain her non-immigrant status since then. Her most recent entry was on parole, making her TPS application even more tenuous. However, USCIS approved the late filed TPS application nonetheless, without an RFE.

• October 27, 2020 – NIW Petition Approved for Expert in Fume Exposure

  Our client, a citizen of Brazil, was in the U.S. on a J-1 visa. Attorney Furqan Sunny Azhar filed his NIW petition on the basis that his work was in the national interest. He argued that our client’s research in the sources of emissions and the risk of human exposure was particularly important for front-line healthcare workers. USCIS approved the I-140 NIW petition, thus paving the path for his permanent residency application.

• October 20, 2020 – L-1A Approved for Functional Manager with 5 Month Gap in 1 Year Requirement Abroad

  Our client, a citizen of India, was present in the U.S. on an H-4 visa. Before having come to the U.S., he worked as an Operations Manager outside the U.S. However, during the 18 months that he was abroad, he spent 5 of those months inside the U.S. in H-4 status. Also, as an Operations Manager, he only directly managed 2 people. Furqan Azhar filed his L-1A and argued that he met the requirements of a “Functional Manager,” and that his 5 months stay in the U.S. while on H-4, did not disrupt the continuity of his requirement that he serve abroad for at least 1 year as a manger. USCIS approved the L-1A petition without an RFE.

• October 15, 2020 – I-612 Persecution Waiver Approved After Previous Asylum Denial

  Our client, a citizen of Afghanistan, had filed an affirmative I-589 asylum application. USCIS denied that application and stated in their denial decision that the client had not adequately proven that he had been the victim of past persecution. Now married to a US citizen, our client filed an I-612 and again argued that he met the requirements of a persecution waiver. After an RFE, USCIS approved the I-612, thus paving the path for permanent residency based on his married to a US citizen.

• September 8, 2021 – H-1B Cap Case Approved for Change of Status, Despite Previous H-1B Revocation

  Client filed an H-1B for their employee under the Master’s cap. USCIS approved the H-1B, but after having filed a renewal, USCIS determined that the school where the employee graduated from was not accredited. Therefore, USCIS issued a Notice of Intent to Revoke. Meanwhile, the employer filed a new cap subject H-1B, and was selected in the random lottery.

  Attorney Furqan Azhar filed an H-1B extension using SOC code 15-1199 and an Oct. 1 start date, before USCIS could revoke the previous H-1B. USCIS approved the H-1B with an I-797A, allowing the employee to stay in the U.S. in H-1B status, with a new bachelor’s cap subject H-1B, despite the likely eventual revocation of the original H-1B.

• September 25, 2020 – PERM Re-filed and AOS Approved After Previous I-140 Denial

  Our clients, citizens of Pakistan, were the beneficiaries of an I-140 petition. However, USCIS issued a notice of intent to deny the I-140, because the employment information did not match the DS-160 information. Rather than risk a denial based on a fraud finding, the attorneys at A&A withdrew the I-140, then filed a new PERM for the spouse. That new PERM was certified, and the I-140 was approved. Therefore, the beneficiaries were ultimately able to adjust their status to permanent residency.

• September 23, 2020 – I-130 Approved After Previous Denial at the U.S. Embassy in Morocco

  Our client, a citizen of Pakistan, married a Moroccan national, and the I-130 spousal petition was approved. However, the US Embassy in Morocco denied his spouse’s I-551 visa because they were not convinced that after the proxy marriage our client had visited his spouse, face to face. They then sent the case back to USCIS, who later denied the petition. After the denial, the attorneys at A&A were hired to re-file the I-130 with a wealth of additional evidence that they had met in person, and USCIS approved the I-130 and sent the case back to the US Embassy in Morocco for a new interview.

• August 7, 2020 – 245(k) Adjustment Approved for Syrian National with a TPS Parole Entry

  Our client is a national of Syria with approved TPS. His last entry into the United States was on TPS parole. Despite that he was not “admitted” to the U.S. with a valid visa, USCIS approved his I-485 application under INA 245(k).

• July 27, 2020 – H-1B Approved for 501(C)(3) Cap Exempt Organization

  Our client was a health clinic that was affiliated with educational institutions. We were hired to file a cap exempt H-1B for one of the dentists that they desired to hire for the health clinic. Attorney Furqan submitted evidence that the beneficiary would be employed at a qualifying cap exempt institution, organization, or entity pursuant to 8 CFR §214.2(h)(8)(ii)(F)(4). He provided evidence that the health clinic contributed to the research and educational mission of several of the institutions of higher education that they were contracted and affiliated with, and with whom they have an active working relationship.  They did this by providing locations for the university students to complete their clinical rotations that were required for their education, and this furthered both the client’s mission, and the mission of the institutions. Thus, there was a logical nexus between one of the fundamental activities of the health clinic, which included providing practical health education, and the academic mission of the institutions of higher education, which is to adequately prepare students for a productive life and a successful career.

• July 14, 2020 – AAO Approves H-1B on Appeal for Financial Analyst Position

  A local furniture company hired Azhar & Azhar Law Firm to file a cap-subject H-1B application for their employee, a Financial Analyst. After the H-1B application was selected in the H-1B lottery, an RFE was sent and attorney Furqan Sunny Azhar responded to it. USCIS denied the application stating that the proffered position did not qualify as a specialty occupation.

  Attorney Furqan filed the I-290B appeal, where Attorney Furqan argued that the position is more unique and complex than other similar positions, and the knowledge required to perform the duties is associated with the attainment of a bachelor’s or higher degree in a specific specialty.

  The Administrative Appeals Office (AAO) agreed that the position did qualify as a specialty occupation and the beneficiary was qualified for the job. They sustained the appeal and USCIS approved the case.