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Few of the Many Successful Cases
Posted on May 19, 2006
©MurthyDotCom
We at Murthy
Immigration Services, Pvt. Ltd. (MISPL) are pleased to share
with the readers a few of the many successful cases and other
matters handled by this affiliate office in Chennai, India.
MISPL offers assistance in U.S. immigration matters and is
uniquely equipped to provide these services to those who have
interviews or other business with the various U.S. consulates in
India. While our location is in Chennai, we can advise, consult,
prepare, and review documentation for cases that need to be
submitted to any U.S. consulate in India.
Following are
only a few of the types of visa cases handled by MISPL.
The
services offered by our office are listed at <http://www.murthyindia.com/services.html>.
©MurthyDotCom
H1B Applications
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W-2 Issues
We have successfully handled a number of H1B/H-4 cases delayed
for discrepancies between the required wage rates in the Labor
Condition Application (LCA) and the wages actually paid, as
reflected on the IRS form W-2. The form W-2 provides an
employee's summary of compensation for the prior year. The
reasons for wage discrepancies can be because the H1B holder
availed an unpaid vacation, traveled out of the U.S. for a
prolonged period of time, or because the H1B holder’s present
LCA wages are higher than in the previous LCA. When such
discrepancies are properly explained, and reflect overall
compliance with the laws, these visas may be approved.
Applicants should be aware, however, that actual facts must be
provided and that they must be completely ethical in all their
dealings with consular officers to be able to obtain the
appropriate visas.
©MurthyDotCom
Help Respond to Queries from
Consulate In cases where the Consular officer has
concerns over the credibility of an applicant’s qualification
for a position offered, or about that position, the consulate
will request further documents or other supporting information
to adjudicate the case. MISPL has helped petitioners and
beneficiaries provide the best possible evidence under the
circumstances and presented the appropriate response to the
consulate with a majority of candidates obtaining the visa stamp
with our input and guidance.
©MurthyDotCom
H-4 Visas
©MurthyDotCom
A visa
application under the H-4 category is generally considered
simple and straight forward. However, an H-4 application can
turn out to be one of the most emotionally taxing and
frustrating visa classifications if the process does not go
smoothly. This can happen if the H1B spouse has had a brief
period of “benching” or has not maintain status for the entire
duration of his/her stay in the U.S. It can also occur if the
employer of the H1B spouse does not provide all the required
supporting documents for the H-4 applicant family members to
obtain the visa stamp/s. MISPL advises on the appropriate
supporting documents, and possible alternative documents, for
each H-4 application and educates applicants on the importance
of this documentation in helping them enter the interview
confidently and, in most cases, successfully.
©MurthyDotCom
L-1 Visas / Blanket L-1s
©MurthyDotCom
We have helped
L1A and L1B visa applicants present their cases effectively, to
obtain their visas. We have also helped companies with blanket
L-1 approvals, so that their employees obtain L-1 visas in their
passports.
©MurthyDotCom
B-1 Visas
©MurthyDotCom
At MISPL, we have helped companies, small organizations as well
as large ones with thousands of workers, to send their employees
to the United States on B-1 business visas. These trips are
usually for technical personnel to attend training or for mid-
and senior-level executives to visit the U.S. for business
meetings or conferences. We help applicants document the purpose
of travel and their ties to the home country, so they may obtain
the business visa. It is also important for B-1 applicants to
know their rights and limitations in B-1 status. We educate
applicants on this, as well, so that, even after they obtain
their B-1 visas, they are able to maintain proper status while
in the U.S., without violating immigration laws.
©MurthyDotCom
B-2 Visas
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From Green Card to B-2 Visa
We recently helped an elderly couple who were green card holders
(filed through a family member) to relinquish their green card
status in favor of obtaining B-2 visitors’ visas. They had
traveled to the U.S. several times as permanent residents and
stayed for a few months during each visit. They last visited the
U.S. in 2003.
©MurthyDotCom
The couple came to us and explained that, though their children
are in the U.S., they do not have any plans to migrate to the
U.S., and are finding it very difficult to stay there for
protracted periods of time. We helped them surrender their green
cards and obtain B-2 visas, which can be difficult under these
circumstances since they already expressed their intention to
migrate to the U.S. by initially applying for the green cards.
We guided them in documenting their strong family and financial
ties to India. We made sure they were well prepared for the visa
interview, which is critical for obtaining the appropriate visa.
We were successful and the couple was issued 10-year, multiple
entry B-2 visas.
©MurthyDotCom
Nonimmigrant Visa Waiver
©MurthyDotCom
Our office has
successfully helped several nonimmigrant visa applicants to
obtain the nonimmigrant waiver under section 212(d)(3) of the
Immigration and Nationality Act. This includes persons who were
denied entry at the port of entry and turned back to India due
to doubts regarding their true purposes for traveling to the
U.S. It also includes applicants precluded for other reasons
that can be waived under this section of the Immigration and
Nationality Act.
©MurthyDotCom
Petty Offence Exception
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Certain crimes, like shoplifting, can have serious and adverse
implication on a person’s immigration application and s/he may
not be able to qualify for a U.S. visa. In certain
circumstances, these offences fall under the petty offence
exception. Our office has successfully helped many applicants to
identify whether they qualify for visas under this exception and
to obtain the appropriate visas after submitting the Memo to the
appropriate consulate.
©MurthyDotCom
B-2 for Widowed Parent
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It is difficult for a widowed parent to establish her/his
nonimmigrant intent while applying for a tourist visa. Our
office has been successful in helping widowed parents to
highlight their strong socio-economic ties to India and to
obtain B-2 visas.
©MurthyDotCom
Conclusion
©MurthyDotCom
Each case
example included above is unique and what is applicable to one
person or set of circumstances may not be applicable for another
person applying for the same type of visa. As stated previously,
it is important that applicants understand the rights and
obligations of the visa category for which they are applying.
This will not only help in the application process, but also in
maintaining their respective statuses while they are in the U.S.
©
MurthyIndiaDotCom
& Murthy Immigration Services
Pvt. Ltd.
2004
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