Successfully Overcame NOID, Re-obtained H4 Status, and Green Card for Client That Was Previously Associated with SINOCONTECH

In September 2021, our office successfully obtained H4 status for a client who was previously associated with and defrauded by SINOCONTECH and FINDREAM, LLC (“FINDREAM”).

As an F1 visa international students, our client participated in the STEM OPT program and was hired by SINOCONTECH, an affiliated entity of 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, 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.

Previously, our client already obtained H4 status as a spouse of an H1B visa holder in 2019 by filing form I-539 Application to Change Status.  Then in 2020, USCIS on its own motion, reopened our client's I-539 application and issued a NOID alleging that our client had made material misrepresentations and committed fraud with respect to her association with  SINOCONTECH and FINDREAM.

Attorney Nguyen D. Luu and our legal team took on representation to assist our client responding to the NOID. The evidence presented sufficiently supported a finding that the 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 90 days after we have submitted our NOID response,  USCIS has re-approved our client I-539 application.

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.

Update - June 2022: After our client re-obtained her H-4 status, USCIS issued a Request for Evidence for our client's I-485 application on SINOCONTECH association. Our office assisted the client responding to the RFE and attended the I-485 interview with our client. Her I-485 was approved on the same day. We are extremely pleased with the result.

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