By: Shah Peerally Esq.

  1. Case Type: National Interest Waiver (NIW)

Saved by a National Interest Waiver

Brief Facts of Case: On around June 2007, a client (Mr R and Family) walked in our office devastated because his H1B transfer was denied. According to the USCIS, Mr. R. was over-qualified to work in such a small company. The company where he was presently working was closing down by August 1, 2007. It was too short time to find himself another job. It was very disappointing that a person of so much intelligence, and so much qualifications with a patent, was denied a position.

Approach: Shah Peerally personally interviewed Mr. R for 2 long hours. Attorney Shah Peerally assessed all the possibilities including trying a new H1B transfer, a possible motion to reopen or an appeal. The conclusion was that the company petitioner was not a qualified petitioner although it was a genuine job offer. Then during the intake interview, Shah found out that that the client’s “curse was actually his blessing”. Indeed, since he was ‘over-qualified’ he might be a person of extraordinary ability or national interest. At this point Shah started assessing the case either as an EB1a or a National Interest Waiver (NIW). After a careful review, Shah Peerally, concluded that Mr. R. might actually qualify for a NIW. The only issue left was since NIWs are EB2 cases, the dates had to be current. Mr. R was from India and in June 2007, the dates were retrogressed, however by some great fortune the July 2007 visa bulletin for India EB2 would be current. The choice was obvious. Mr. R put all his trust on us. We started working on his NIW and by beginning of July we were ready to file concurrently the adjustment of status (AOS) concurrently with the Form I-140. As such were were also able to file for his advanced parole and work permit (EAD) card too.

Results: Six weeks after we filed, Mr. R. obtained his work permit EAD card. By December 2007, amazingly his NIW I-140 was approved. In 2010, when the priority dates of July 2007, Mr. R and his entire family obtained their permanent residence.

Our Experience: Whenever a client walks in our office, we do not limit ourselves in looking into only his issues at hand. We actually look beyond what the client is actually expecting. This is how the Shah Peerally distinguishes itself from other practitioners out there.

For more information on National Interest Waiver visit or call us at 510 742 5887.

2.  Employment Based (EB) Immigration Interview at the USCIS. 

Brief Facts of Case: Client D. came to us totally worried that he obtained an interview on his EB2 adjustment of status. Indeed, most EB adjustment of status (Form I-485) do not have an interview. Client was charged of domestic violence although the case was dismissed, client was called for an interview and client was so stressed that he had to follow therapy. After talking to the couple, the spouse mentioned that D. did not show any violence, he was just acting in a very ‘weird’ many, and scared she called the police. This case was eventually cleared. The couple are now living a happy life and even planning to have a child.

Our Approach: In this case, after interviewing the client, we realized that the client was very fearful of the interview although we explained to him that there was nothing to worry at this point. We decided to prepare an advisory opinion prior to even going to the interview analyzing the law on inadmissibility. Although this analysis was not required, based on client’s fear, we wanted to minimize the number of hours spent at the interview.

Results: On the day of the interview the client was extremely stressed. Attorney Shah Peerally was present at the interview. Unfortunately for the client, at the interview the USCIS could not find the I-140 approval notice because only the AOS (Form I-485) was sent to the local office. At this point, client totally worried. Fortunately, Shah was able to speak to the officer and the officer went out of her way to find the approval notice and actually approved the case on the same day.

Our Experience: This case was very interesting because: 1) our ability to calm and give comfort to the client was crucial 2) our experience working with the adjustment of status department at the USCIS made a difference 3) client actual law firm was unable to provide for his needs. In fact, the law firm who file the Form I-140 was totally confused about the situation. Client was very lucky to have found us.

For more information on EB immigration interview visit or call us at 510 742 5887.

Testimonials here

The circumstances of my AOS case had some complications specifically involving my run in with law enforcement on a few occasions which can be very nasty from a immigration perspective. I had a corporate immigration firm that filed all my paperwork (Hint: Starts with F..) . Those who work for bigger companies in the bay area would know what I am talking about. I was called for an interview and immediately realized that I was in a fair bit of trouble after consulting with senior attorneys at F. Since I had a corporate package, I could take an attorney from F for FREE to the interview, but I just wasn’t very happy with the response time and the lack of personal attention. On a friend’s recommendation I decided to contact Shah’s law firm.

Shah and his staff (Anu & Sony in particular) understood the issues immediately and had possible solutions. His staff was very efficient in completing the paperwork and Shah personally went over all the questions I could be asked and helped me prepare for worst case scenarios. I was anxious and nervous and barely able to sleep until I had a few interview preparation sessions with Shah. Gradually my confidence was back and I felt better.
He also accompanied me to the interview, and boy this guy is suave, smooth, very well prepared and can talk his way out of any situation. He answered some of the tough questions at the interview on my behalf and kept me shielded from USCIS during the interview so as to speak. Shah got me my Green card. Period.

His staff is extremely efficient and kept me informed consistently and made me very comfortable that they were on top of the situation. My case was handled quickly and in a professional manner by Shah’s firm. Their fees for services are reasonable and accurate. They don’t try to nickel and dime you like some other law firms I have had experience with. I highly recommend his services to everyone without hesitation specially folks who have arrest records. I will NOT be going to USCIS without Shah ever again. Shah is exceptionally skilled and highly intuitive. He has a heart of gold and can be trusted. If you are considering Shah as your attorney, you should jump at the chance to have him represent you.