Ghassan Marwan Shihab

Ghassan Shihab

Thank you for your feedback. However, we believe that any unsatisfactory result you obtained from our law firm is due to your lack of cooperation with the process. In any time sensitive matter the slightest delay can have severe consequences. In your case, it took you seven (7) days to post the internal posting notice, forcing us (by law) to delay our filing of the Labor Condition Application (LCA). Further, your employee did not promptly respond to our requests for supporting evidence for his petition. The law firm maintains a significant caseload, providing the highest levels of services to our clients; but if a client does not cooperate with their attorney, the attorney is working with one hand tied behind their back. You assigned the petition filing few days before the H-1B visa cap was reached. Had you acted timely in cooperation with our law firm, the LCA would have been submitted with the H-1B visa petition. At all times throughout the process our law firm maintained complete transparency and open communications with you and explained all of the possible legal strategies and their potential outcome. • You assigned this H-1B visa case to us on Friday May 25, 2012 immediately before the Memorial Day weekend. • Our law firm provided you with the internal posting notice on May 31, 2012 (two days after the Memorial Day holiday). • You did not confirm the posting until June 6, 2012. The LCA could not have been filed until you confirmed that you followed the law in posting the internal posting. • Your employee began uploading his documents to our online case management portal on June 6, 2012 with the last document uploaded on our website on June 9, 2012. • The H-1B visa cap was reached on June 11, 2012. As you can clearly see, we were given little time to obtain approval of the LCA prior to filing the H-1B visa. We cannot be blamed for the delays which were not caused by our law firm, but were caused by your inaction and delay in posting the internal notice timely and by your employee’s delay in providing us with the documents we needed to file his case. While is impossible to predict when the annual numerical H-1B visa limitation will be reached, our firm provided complete transparency with you throughout. You had expressed that this employee was very important to you and hence we recommended solution that was clearly explained and agreed to by yourself, provided a possibility which would not have existed otherwise. Our strategy was to interpret the regulations to mean only the filing of the LCA was needed. The USCIS decided not to honor the clear reading of the regulations. We offered to take this matter to courts on your behalf to compel the government to abide by their written directives. You chose not to do so.