SUCCESSFUL CASES : Matters We Have Helped With
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
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.
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.
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.
L-1 Visas / Blanket L-1s
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.
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.
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.
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.
Nonimmigrant Visa Waiver
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.
Petty Offence Exception
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.
B-2 for Widowed Parent
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.
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.