Announcement

Collapse
No announcement yet.

PLEASE Help Us Find Options...

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • PLEASE Help Us Find Options...

    Hi,

    I just discovered this forum and I have been going nuts all week trying to help a dear friend who is in a visa mess. I wish I realized how complex this was before.

    His American relatives (who came here decades ago and became citizens) brought him here from Poland 9 years ago. His family in Poland comes from a very poor village and he had no real future there, so they brought him to the US under a student visa they sponsored. They own a hotel business, do not speak good English and brought him here to give him a future in the United States. They paid for his education, he earned a degree in Hotel & Restautant management and their master plan was to then have their business sponsor him for a work visa and he would be General Manager of their business. He learned English and his help translating has been wonderful for them. Since they are elderly and they have few people to count on, he also cares for them, brings them meals, etc. He has grown to be like a son to them and built a wonderful life in the US. He has to be one of the nicest, most helpful young men I know and US would be blessed to have him as a Citizen.

    In any event, upon his graduation his family hired an Immigration Lawyer to file a Work Visa application with their business as the sponsor. The lawyer claimed he handled these cases all the time and gave them no reason for concern. They were shocked when the INS turned them down saying a US Citizen could easily manage their business for them, they didn't need to keep him on a Work Visa. Forget the fact they paid $75,000 for his education.

    The lawyer told them they could appeal and lead them to believe an appeal would be successful. However, he didn't offer to write it. He left it to them. His family wrote an appeal and sent it to the INS and waited. They also wrote their local Congresswoman for assistance. While they did't hear much, they did speak to a caseworker at the Congresswoman's office and shortly thereafter his case was transferred to Washington DC. Not knowing how things work, they took this as a good sign and waited for response. His student visa expires early this Summer.

    Well, after over a year of waiting for an appeal answer, it arrived a week ago. It was denied BECAUSE they accidently put the appeal in HIS name and not in their business name (the sponsor). They feel stupid, but I can't believe it took over a year of false hope for the INS to say they are denying the appeal because of an error on the forms!

    They have called their lawyer once and his response is "Well, it's after 9/11 so they are being picky".

    Now, we have this wonderful young man who has dozens of people here who adore him with a couple of months left on his student visa and his entire future in question! I had no idea remaining here legally would be so hard.

    Can ANYONE think of anything that can buy us time? Can his appeal be resubmitted since it was denied due to an error in it, not because of the case itself? Can we get an fast extension on his student visa? MUST he be in school full time to extend a student visa?? Is there any way around this?

    We are running out of time and scared to death. To send him back to Poland to sleep on the floor somewhere brings me to tears! Thanks!

  • #2
    Hi,

    I just discovered this forum and I have been going nuts all week trying to help a dear friend who is in a visa mess. I wish I realized how complex this was before.

    His American relatives (who came here decades ago and became citizens) brought him here from Poland 9 years ago. His family in Poland comes from a very poor village and he had no real future there, so they brought him to the US under a student visa they sponsored. They own a hotel business, do not speak good English and brought him here to give him a future in the United States. They paid for his education, he earned a degree in Hotel & Restautant management and their master plan was to then have their business sponsor him for a work visa and he would be General Manager of their business. He learned English and his help translating has been wonderful for them. Since they are elderly and they have few people to count on, he also cares for them, brings them meals, etc. He has grown to be like a son to them and built a wonderful life in the US. He has to be one of the nicest, most helpful young men I know and US would be blessed to have him as a Citizen.

    In any event, upon his graduation his family hired an Immigration Lawyer to file a Work Visa application with their business as the sponsor. The lawyer claimed he handled these cases all the time and gave them no reason for concern. They were shocked when the INS turned them down saying a US Citizen could easily manage their business for them, they didn't need to keep him on a Work Visa. Forget the fact they paid $75,000 for his education.

    The lawyer told them they could appeal and lead them to believe an appeal would be successful. However, he didn't offer to write it. He left it to them. His family wrote an appeal and sent it to the INS and waited. They also wrote their local Congresswoman for assistance. While they did't hear much, they did speak to a caseworker at the Congresswoman's office and shortly thereafter his case was transferred to Washington DC. Not knowing how things work, they took this as a good sign and waited for response. His student visa expires early this Summer.

    Well, after over a year of waiting for an appeal answer, it arrived a week ago. It was denied BECAUSE they accidently put the appeal in HIS name and not in their business name (the sponsor). They feel stupid, but I can't believe it took over a year of false hope for the INS to say they are denying the appeal because of an error on the forms!

    They have called their lawyer once and his response is "Well, it's after 9/11 so they are being picky".

    Now, we have this wonderful young man who has dozens of people here who adore him with a couple of months left on his student visa and his entire future in question! I had no idea remaining here legally would be so hard.

    Can ANYONE think of anything that can buy us time? Can his appeal be resubmitted since it was denied due to an error in it, not because of the case itself? Can we get an fast extension on his student visa? MUST he be in school full time to extend a student visa?? Is there any way around this?

    We are running out of time and scared to death. To send him back to Poland to sleep on the floor somewhere brings me to tears! Thanks!

    Comment


    • #3
      tell him to go find a wife.

      -= nav =-

      Comment


      • #4
        Hello.

        Well, actually, his immigration lawyer suggested that very thing. BUT, this young man is not straight (boards wouldn't let me post the word g*y for some reason) so any marriage (under current law) would be a sham and would probably fail leading to worse results than overstaying his Visa.

        Comment


        • #5
          Hmm, i wonder if its possible to make him partial owner of the business and allow him to apply for GC under the EB5 category?

          Comment


          • #6
            Hmm...

            To be honest, I wish it were possible. The business doesn't employ 10 people and isn't "a new commercial enterprise". While it is a company he could be made an "part owner" of, it is staffed by a handfull of relatives and has been around for decades.

            If I am wrong and he is still eligable, PLEASE tell me. I appreciate the info.

            Comment


            • #7
              bearing in mind all the help, kindness and sacrifices your friend is receiving, do you think he can "pay back" to his family by being "straight"...in this way..maybe he might fall in love, get married...and all will be well....think about it...

              good luck!
              Beware of small expenses. A small leak could sink a big ship.

              Comment


              • #8
                or maybe this friend can setup his own small entity that is related to hotel business..(provided his family can arrange for some sort of a small capital for set-up)..and then get the family business to engage this entity for smalls jobs or outsourcings...

                just an idea..
                Beware of small expenses. A small leak could sink a big ship.

                Comment


                • #9
                  You could get send him back to school on F-1 while you figure out what to do. That would at least give him some time to find a company that would sponsor his H1B.

                  Comment


                  • #10
                    Maybe he could become a graduate student.
                    Have a nice day

                    Comment


                    • #11
                      Fwiw, hotel manager is an H-1B type position.

                      Difficult to be more constructive without knowing what category he was denied in the first place, and the size and number of people (under 10, I know, but exactly how many?)employed by the business (hotel).

                      Comment


                      • #12
                        Hi,

                        Well, I have papers here. This is what I am finding:

                        The application was for a H-1B position with a full time position Hotel General Manager. The INS claimed:

                        "The qualifications described in the OOH do not indicate a minimim of a baccalaurcate in a directly related field as required for entry into such a position"

                        "The evidence of record does not establish that the job offered qualifies as a 'specialty position' purusant to section 101(a)(15)(H))i)(b) of the act."

                        I went to Monster.com this evening and found MOST Hotel Manager jobs (especially General manager) required a Bachelor's Degree and I printed out examples. The hotel has 30+ rooms.

                        I also found a few ads for chains like Best Western that require the same 4-year degree and an article on the position that says "Hotels increasingly emphasize specialized training. Postsecondary training in hotel or restaurant management is preferred for most hotel mangement positions".

                        Where did you see that Hotel Manager is a H-1B position?

                        Also, please note the appeal was not denied because of content, it was denied because the family accidently put the non-immingrants name on it and had him sign it instead of the business. And it took 20 months for INS to tell them they made that mistake! Of course, has their lawyer written the appeal or offered to look at it, that could have been avoided.

                        Can anyone explain to me why this was denied when Hotel Manager is a H-1B position, these people NEED a hotel manager and this boy has the exact qualifications they need and are most often required by the same position elsewhere?

                        I appreciate the help!


                        PS- Oh yes. The hotel, established in 1968 is a hotel employing nine persons. It says that in the first INS rejection. Unfortunately, I didn't become deeply involved in this until recently and we have so little time before his student visa expires. I'm scared!

                        Comment


                        • #13
                          It came up in a discussion I had a long time ago when I was applying for an H-1B. I'll see if I can find some backing for the proposition.

                          You can file the H-1B petition again, except that you will be limited to an October start date (better than nothing). Of course he would have to leave and come back.

                          I hear a favorite trick of CIS in H-1B cases now is to say that the company is too small to have a genuine need for the specialty position. In the case of a 30 room hotel, I am guessing you can successfully get past that.

                          Anyone know anything about requesting reconsideration of a decision? Is that an option?

                          Comment


                          • #14
                            not to lecture you, but "you get what you pay for". If you had gotten a lawyer, you wouldn't have waste 20 months with such a mickey mouse mistake like not putting the company's name down on the form.

                            Immigration is not some dmv form and get your card tomorrow. Especially with tough cases like yours. INA is a complex legislation, and court decisions, new policies, programs, etc. all need to be analyzed and exploited. It takes professional experience and expert knowledge in these areas to obtain the best benefit possible for the receipient. A lawyer is almost a must for the non-marriage based petitions.

                            Your question should be "Which lawyer" near me can help me out with this case.

                            -= nav =-

                            Comment


                            • #15
                              A google search turned up the following:

                              http://www.visaamerica.com/casestd4.html

                              (a lawyers site saying that a hotel manager is H-1b material)

                              The NAFTA professional categories include hotel manager.

                              My guess is any immigration attorney can give you the name of a specific case that says hotel managers are H-1B material if they have the proper degree. Its probably an old case (1960's perhaps) but still good.

                              The Occupational Outlook handbook is available online and is always good for showing educational requirements etc for a particular position. It has the advantage of being an official source that CIS can't really argue with that easily.

                              Enough from me. Good luck. Have a good weekend everyone.

                              Comment

                              Sorry, you are not authorized to view this page

                              Home Page

                              Immigration Daily

                              Archives

                              Processing times

                              Immigration forms

                              Discussion board

                              Resources

                              Blogs

                              Twitter feed

                              Immigrant Nation

                              Attorney2Attorney

                              CLE Workshops

                              Immigration books

                              Advertise on ILW

                              EB-5

                              移民日报

                              About ILW.COM

                              Connect to us

                              Questions/Comments

                              SUBSCRIBE

                              Immigration Daily



                              Working...
                              X