Successfully Overcame RFE and Obtained H1B Status for Client That Was Previously Associated with FINDREAM ( Sept 2021)

September 28, 2021

In September 2021, our office successfully obtained another H1B status for a client who was previously associated with and defrauded by FINDREAM, LLC (“FINDREAM”).


As an F1 visa international students, our client participated in the STEM OPT program and was hired by FINDREAM. Unbeknownst to her, FINDREAM founder Weiyun “Kelly” Huang and the corporations she founded was convicted of conspiracy to commit visa fraud in 2020. Huang used elaborate means to entice students to pay for her services in exchange for obtaining temporary employment to fulfill the requirements of F1 OPT. FINDREAM falsely promised to provide training services, networking opportunities, and internships perceived to be legitimate employment opportunities. Many F1 students fell victim to the fraud perpetrated by Huang and her accomplices.


After convictions of the perpetrators were rendered, USCIS has relentlessly pursued the student victims of fraud as “knowing co-conspirators.” USCIS has issued Request for Evidence ("RFE"), Notice of Intent to Deny ("NOID"), interviews by USCIS Fraud Detection Officers, alleging misrepresentation and fraud, if the student previously held work authorization by association with above companies.

 

During the adjudication of our client's H1B extension - I-129 Petition, USCIS issued a RFE alleging that our client had made material misrepresentations and committed fraud with respect to her association with  FINDREAM during her STEM OPT period.


Attorney Nguyen D. Luu and our legal team took on representation to assist our client responding to the RFE. The evidence presented sufficiently supported a finding that our client did not make false representations to procure a benefit under U.S. immigration laws. In the event there was a false statement made, it was not willfully made, nor material, thereby overcoming all potential allegations. The firm is very pleased to learn that within just 10 days after we have submitted our RFE response,  USCIS has approved our client's I-129 petition.

 

If you were previously associated with FINDREAM, SINOCONTECH, Integra Technologies, AZTech Technologies, and Tellon Trading, Inc., Arecy, CG Max Design Corporation, XCG Design Corp in any manner or capacity, it is important to consult with an experienced attorney to immediately advise you and to identify potential problems early in your case and develop a strong case strategy before applying for any immigration benefits.


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