Successfully Obtained H-1B Visa for Client Previously Denied an H-1B Extension Due to Past Association with Apex IT Systems Inc. (Feb 2025)

February 26, 2025

In February 2025, our office successfully assisted a client in obtaining their H-1B visa from the U.S. Consulate in Hyderabad, India. Our client was forced to leave the U.S. and apply for an H-1B visa due to the denial of their H-1B extension. In the denial, USCIS claimed that our client made false statements and failed to maintain their status while on OPT with Apex IT Systems Inc. ("Apex IT").

As an F-1 visa international student, our client participated in the OPT program and was hired by Apex IT.


Unbeknownst to our client, a USCIS investigation later revealed that Apex IT was a fraudulent organization. In response, USCIS has relentlessly pursued former students associated with Apex IT, issuing Requests for Evidence ("RFE") and Notices of Intent to Deny ("NOID") alleging misrepresentation and fraud. Notably, in some RFEs and NOIDs, USCIS asserted that former students should have known that Apex IT's address was a Mexican restaurant in a strip mall. USCIS faulted the students for failing to recognize this and denied many of their STEM OPT or H-1B applications.


While our client was still in the U.S., their employer timely filed for their H-1B extension. USCIS then issued a NOID alleging that our client had committed misrepresentation and fraud and had failed to maintain status during their F-1 OPT period. Our client’s employer’s immigration counsel assisted them in responding to the NOID. However, USCIS denied the extension application, forcing our client to return to India to apply for an H-1B visa stamp.


Attorney Nguyen D. Luu and our legal team took on representation to assist the client with the visa application process. We conducted multiple mock interviews to ensure the client was well-prepared. Our office also prepared a legal brief, the client’s statement, and supporting documents to firmly establish that our client had not made any misrepresentations to the U.S. government regarding their past OPT employment. Furthermore, the record clearly demonstrated that our client had maintained valid status during their F-1 OPT period and, therefore, should not be found inadmissible.


We are pleased to report that one week after our client’s consular interview, their H-1B visa was approved, and they are now on their way back to the U.S.


If you were previously associated with FINDREAM, SINOCONTECH, Integra Technologies, AZTech Technologies, Tellon Trading Inc., Arecy, CG Max Design Corporation, XCG Design Corp, or Apex IT Systems Inc. in any capacity, it is crucial to consult with an experienced immigration attorney immediately. Early consultation can help identify potential issues in your case and develop a strong strategy before applying for any immigration benefits.



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