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H1B Denial Lawsuits

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What should I do if my H1B change of employer or extension of status is denied? Hi, I'm Jim hacking immigration lawyer practicing law throughout the United States at our office here in St. Louis, Missouri. USCIS has greatly increased the number of H1B transfers and H1B extensions that they've denied. We've been seeing denials at a much higher rate, obviously we've talked in other videos about the high number of requests for evidence, but it just seems like USCIS is denying more and more of these cases. And I wanted to shoot this video to tell you about some of our recent successes.

So instead of filing some administrative appeal with the USCIS, we've been filing lawsuits in federal court. And in these lawsuits, we allege that USCIS has applied faulty decision-making, faulty standards, that the standards that they're using to deny these H1B's are beyond the law, beyond the regulations. And so far, we filed about 15 of these and every one of them have been reversed. So every time we've sued them on an H1B so far, and this might not necessarily be the case at the time you're watching this video. But as of today in late July 2020, all the H1B lawsuits that we filed to challenge the denial of an H1B have been overturned and the clients have received their H1B. So we've had great success with these lawsuits.

We filed the lawsuits in Washington, DC and we ask a federal judge to look at whether this decision by USCIS was arbitrary and capricious, was it against the law? Was a contrary to the regulations? Was a contrary to the statutes? And so far every time we've done that USCIS has backed down, reversed themselves and then we just go ahead and dismiss the lawsuit.

So if you have an H1B that was denied, you might want to think about suing them, especially if this is a case that had been approved before. There's just been a lot of litigation that USCIS has lost on their interpretation and some class action lawsuits. So we believe that these lawsuits are effective and it's a weapon in our toolbox, and it might be something that could help you.

If you have an H1B that was denied a transfer or a extension of status, and you believe that, that's unfair, you should give us a call at 314-961-8200. You can email us at [email protected] Be sure to join us in our Facebook group, which is called Immigrant Home. And if you liked this video, we ask that you please share it out on social and subscribe to our YouTube channel so that you get updates whenever we make videos just like this one. Thanks a lot and have a great day.

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