Client Admitted as H-1B After 2nd Trade NAFTA RefusalPublished: Feb 19, 2008 By: Robert D. Kolken Source: My Source
Our Canadian citizen client was twice denied Trade NAFTA status as a Management Consultant because she was going to train employees, and because she was married to a U. S. citizen. The employer then filed an application to employ her as a specialty worker in H-1B status, which was approved. We were then retained and presented her at a different port of entry.
We convinced the Chief Inspector that there was no fraud in the previous applications, that she had a valid H-1B approval, and that she was entitled to be admitted as a nonimmigrant notwithstanding her intent to apply for a green card because of the statutory provision allowing H-1B entrants to have dual intent. We appeared with her at the port of entry and she was admitted to the United States nine days after our retention.