1014-00002 · Optiwave Semiconductor Corp · Engagement & Administrative

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CALDERWOOD & HARKNESS LLP Attorneys at Law

555 South Grand Avenue, 38th Floor Los Angeles, California 90071 Telephone: (213) 555-4800 Facsimile: (213) 555-4801

101 California Street, 27th Floor San Francisco, California 94111 Telephone: (415) 555-7200 Facsimile: (415) 555-7201

May 22, 2025

Kavita Parekh, Esq. Partner Whitfield & Parekh LLP 600 Wilshire Boulevard, Suite 1200 Los Angeles, CA 90017

Re: Transfer of Immigration Case Files — Optiwave Semiconductor Corp. Our Reference: SC-OWS-2025-0520-IMM

Dear Ms. Parekh:

I. Purpose and Authorization

I write on behalf of Calderwood & Harkness LLP to formally request the transfer of all immigration case files, work product, and related documentation pertaining to Optiwave Semiconductor Corp. ("OWS" or the "Company"). Calderwood & Harkness LLP has been engaged by OWS as its outside immigration counsel, effective May 20, 2025, pursuant to an executed engagement letter bearing reference number SC-OWS-2025-0520-IMM.

Patricia Langford, General Counsel of OWS, has authorized this transfer and has separately communicated OWS's consent to your firm for the release of all immigration-related files. A signed client authorization from Ms. Langford directing Whitfield & Parekh LLP to release all such files to Calderwood & Harkness LLP is enclosed with this letter.

We understand that Whitfield & Parekh LLP served as OWS's immigration counsel from June 1, 2019, through April 30, 2025. During that period, your firm managed a significant immigration portfolio on behalf of the Company, including numerous nonimmigrant visa petitions, PERM labor certification applications, immigrant visa petitions, and compliance-related matters. We wish to emphasize that this transition is entirely cooperative and reflects OWS's decision to consolidate its outside counsel relationships following a portfolio-wide counsel consolidation initiated by Crestline Ventures Fund IV, LP, OWS's majority investor. The transition does not arise from, and should not be interpreted as reflecting, any adverse circumstances, dissatisfaction, or dispute.

Accordingly, we respectfully request the complete transfer of all immigration case files, attorney work product, and related documentation to Calderwood & Harkness LLP at the address indicated above. The specific categories of files and documents requested are described in detail below.

II. Active Visa Holder Petition Files (18 Beneficiaries)

We request complete petition files for all eighteen (18) active visa holder beneficiaries currently sponsored by OWS. These beneficiaries include fourteen (14) individuals maintaining H-1B status and four (4) individuals maintaining O-1 status, as identified below. For each beneficiary, we request the full petition file, including all approved I-797 Notices of Action, all filed I-129 petitions, supporting documentation, and all correspondence with United States Citizenship and Immigration Services ("USCIS").

A. H-1B Visa Holders (14 Beneficiaries)

The fourteen H-1B beneficiaries, together with their positions, petition types, and validity periods, are as follows:

B. O-1 Visa Holders (4 Beneficiaries)

The four O-1 beneficiaries, together with their positions, classification types, and validity periods, are as follows:

C. Specific Documents Requested for Each Beneficiary

For each of the eighteen beneficiaries listed above, we request the following specific documents and materials, to the extent they exist in your firm's files:

(a) Approved Form I-797 Notice of Action, including both approval notices and receipt notices for all petitions filed on the beneficiary's behalf;

(b) Filed Form I-129 petitions, with all exhibits, attachments, supporting letters, and tabbed documentation as submitted to USCIS;

(c) Certified Labor Condition Applications ("LCAs") associated with each H-1B petition, including the certified ETA Form 9035/9035E and any amendments thereto;

(d) Employer support letters prepared in connection with each petition, together with any expert opinion letters, advisory opinion letters, or peer review letters obtained in support of O-1 petitions;

(e) Beneficiary credentials, including copies of academic transcripts, diplomas, educational credential evaluations (including any evaluations prepared by recognized credentialing services such as WES, ECE, or NACES member agencies), and letters of experience documenting the beneficiary's prior employment;

(f) All correspondence with USCIS, including receipt notices (Form I-797C), approval notices (Form I-797A/B), transfer notices, denial notices (if any), and, critically, any Requests for Evidence ("RFEs") issued by USCIS together with all responses prepared and filed in connection therewith;

(g) Copies of beneficiaries' immigration documents in the firm's possession, including I-94 Arrival/Departure Records (both electronic and paper, as applicable), copies of visa stamps in the beneficiary's passport, and copies of passport biographical pages; and

(h) Any internal memoranda, case strategy notes, attorney work product, or research memoranda prepared in connection with any of the foregoing petitions.

III. Pending Matters Requiring Urgent Attention

We wish to draw particular attention to several pending matters that are time-sensitive and require immediate attention. We respectfully request that files and documentation related to these matters be prioritized and transferred ahead of the general file transfer, if at all possible.

A. Takeshi Nakamura — H-1B Extension (Pending)

An H-1B extension petition was filed on behalf of Mr. Takeshi Nakamura on or about March 15, 2025, while your firm was still counsel of record for OWS. We understand that a receipt notice from USCIS is pending, or may have been received by your firm since the conclusion of your engagement. Mr. Nakamura's current I-94 expired on May 31, 2025, and he is presently relying upon the 240-day automatic extension of employment authorization under 8 C.F.R. § 274a.12(b)(20), which permits continued employment while the extension petition remains pending. It is therefore critical that we have complete documentation of the timely filing of this extension petition in order to advise OWS on Mr. Nakamura's continued work authorization and to respond to any USCIS inquiries.

We request the following with respect to the Nakamura matter:

(i) A complete copy of the filed H-1B extension petition, including all supporting documentation and exhibits as submitted to USCIS;

(ii) Proof of timely filing, including Severin Partners LLC or USPS tracking confirmation, any USCIS receipt notice (Form I-797C), and confirmation of filing fees paid;

(iii) Any pending Request for Evidence received from USCIS and all supporting documentation previously compiled or drafted in anticipation of an RFE response, together with information regarding any applicable response deadline; and

(iv) Any internal notes, case strategy memoranda, or correspondence with the client or beneficiary regarding the extension filing.

Given the expiration of Mr. Nakamura's I-94 and his reliance on the 240-day extension provision, we consider this matter to be of the highest urgency.

B. Arjun Krishnamurthy — PERM Audit Pending

We understand that the PERM labor certification application filed on behalf of Mr. Arjun Krishnamurthy is currently subject to an audit by the U.S. Department of Labor ("DOL"). We request the complete audit file, including:

(i) The DOL audit notification letter, including the date received and the specific documentation requested by the DOL;

(ii) All recruitment documentation compiled in connection with the PERM application, including copies of advertisements placed in newspapers of general circulation, professional journals, and online job boards; the job order placed with the State Workforce Agency; any on-campus recruitment, job fair, or other recruitment efforts; the recruitment report summarizing the results of recruitment and the disposition of all applicants; and copies of all resumes received in response to the recruitment;

(iii) Any draft or prepared responses to the audit, whether finalized or in progress; and

(iv) Any correspondence with the DOL regarding the audit, including any extensions of time requested or granted.

C. Withdrawn Candidate — Pending RFE

We understand that your firm may have a file pertaining to a third pending matter involving a Request for Evidence issued by USCIS in connection with a petition filed for a candidate whose offer was subsequently withdrawn. We request the complete file for this matter, including the original petition as filed, the RFE as received from USCIS, any response prepared or drafted, and all correspondence regarding the withdrawal of the petition or candidate. If there is any pending deadline associated with this RFE, we would appreciate immediate notification so that appropriate action may be taken.

Given the time-sensitive nature of all three of these pending matters, we respectfully request that the files and documentation relating to Mr. Nakamura, Mr. Krishnamurthy, and the withdrawn candidate be transferred on a prioritized basis, ahead of the general transfer if necessary.

IV. PERM / Green Card Case Files (7 Cases, Including 1 EB-1B)

In addition to the active nonimmigrant visa petition files, we request complete files for all permanent residence sponsorship matters handled by your firm on behalf of OWS. This includes seven cases as identified below:

For each of these cases, we request the following documents and materials:

(a) Certified or pending ETA Form 9089 (Application for Permanent Employment Certification), including all pages and any amendments;

(b) Prevailing wage determination issued by the DOL's National Prevailing Wage Center, including the SOC code, wage level, and validity period;

(c) Complete recruitment documentation, including but not limited to: copies of all advertisements placed (Sunday newspaper advertisements, professional/trade journal advertisements, online job board postings, State Workforce Agency job orders, and any additional recruitment steps undertaken pursuant to 20 C.F.R. § 656.17(e)); the employer's recruitment report summarizing the results and lawful job-related reasons for rejecting any U.S. worker applicants; and copies of all resumes and applications received;

(d) Any audit or supervised recruitment correspondence received from the DOL, together with any responses filed;

(e) Any filed or approved Form I-140 (Immigrant Petition for Alien Worker), including copies of the filed petition, all supporting documentation and exhibits, any USCIS receipt notices, approval notices, or Requests for Evidence, and any responses thereto; and

(f) Supporting evidence of the beneficiary's qualifications submitted in connection with the I-140 petition, including academic credentials, credential evaluations, letters of experience, evidence of extraordinary ability or outstanding research (for the EB-1B matter), publications, citations, and any other materials submitted to USCIS.

We note that the Krishnamurthy PERM audit (item 6) has been addressed separately in Section III above as a pending matter requiring urgent attention.

V. Historical Public Access File (PAF) Documentation

We request all Public Access File ("PAF") documentation maintained by Whitfield & Parekh LLP on behalf of OWS covering the period from June 1, 2019, through April 30, 2025. Compliance with PAF maintenance obligations under 20 C.F.R. § 655.760 is essential to OWS's ongoing regulatory posture, and we must ensure continuity of these records. The documentation requested includes, without limitation:

(a) Certified Labor Condition Applications (ETA Form 9035/9035E) for all LCAs filed during the relevant period;

(b) Prevailing wage source documentation, including references to the applicable wage surveys or other wage data relied upon in determining the prevailing wage for each LCA;

(d) Summary of benefits offerings provided to H-1B workers relative to U.S. workers in comparable positions;

(e) Notices of LCA posting, including evidence that the LCA was posted at the worksite or provided to the collective bargaining representative (if any), together with the dates of posting; and

(f) Any supplemental PAF documentation, including documentation of any changes in working conditions, worksite changes, or short-term placements.

We request that the PAF documentation be organized by worksite, as follows:

• Site A: 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134

• Site B: 7600 Spectrum Drive, Building 4, Austin, TX 78729

• Site C: 1425 Northwest Couch Street, Suite 200, Portland, OR 97209

VI. I-9 Records and E-Verify Documentation

We request copies of any Form I-9 (Employment Eligibility Verification) binder records or electronic I-9 data in your firm's possession that were maintained on behalf of OWS. We understand that OWS utilizes the E-Verify program (Company ID 1487623), integrated through Sentinel Background Verification Corp., and that your firm may have copies of E-Verify case verification records, case results, or related correspondence in its files. We request that any such records be included in the transfer.

Additionally, we request copies of any I-9 audit reports, compliance assessments, or internal review memoranda previously prepared by your firm in connection with OWS's I-9 and E-Verify compliance obligations. These records are important to our ability to advise OWS on its ongoing compliance posture and to prepare for any future government audits or inspections.

VII. FY2026 H-1B Registration Documentation

We request copies of all documentation related to the FY2026 H-1B cap registration submissions filed by your firm on behalf of OWS. We understand that your firm filed H-1B registration submissions on or about March 7, 2025, for nine (9) cap-subject candidates. We further understand that lottery selection and non-selection notifications were received on or about April 1, 2025.

We request the following:

(a) Copies of all nine registration submissions, including confirmation receipts from the USCIS online registration system;

(b) Lottery selection notices for the five (5) selected candidates and non-selection notices for the four (4) unselected candidates;

(c) Any preliminary petition preparation materials, documentation, or evidence gathered in anticipation of filing cap-subject H-1B petitions for the selected candidates; and

(d) Any documentation or correspondence relating to the unselected candidates, including any analysis of alternative visa options.

For reference, the nine candidates are identified as follows:

Selected Candidates (5):

1. Naveen Sharma

2. Yuki Tanaka

3. Ekaterina Solovyova

4. Ahmed Hassan

5. Min-Jun Lee

Unselected Candidates (4):

1. Carlos Delgado Rivera

2. Anh Nguyen

3. Blessing Adeyemi

4. Sofia Petrova

We note that the FY2026 H-1B cap petition filing deadline is June 30, 2025, and accordingly the timely transfer of these materials is essential to our ability to file petitions on behalf of the selected candidates within the prescribed filing window.

VIII. FDNS Site Visit Documentation

We request copies of all documentation related to the two USCIS Fraud Detection and National Security ("FDNS") site visits conducted at OWS facilities during your firm's representation. Specifically, we are aware of the following site visits:

(a) November 8, 2023 — FDNS site visit conducted at OWS's San Jose, California facility (4820 Veltrano Parkway, Suite 300). We understand that this visit resulted in no adverse findings.

(b) February 12, 2025 — FDNS site visit conducted at OWS's San Jose, California facility. We understand that this visit also resulted in no adverse findings.

For each site visit, we request copies of any documentation in your files, including site visit reports or summaries, FDNS officer identification and contact information, any follow-up correspondence from USCIS or FDNS, any written responses or submissions made to FDNS on behalf of OWS, and any internal memoranda or notes prepared by your firm in connection with these visits. This documentation is important both for historical record-keeping purposes and to ensure that we are fully informed of OWS's compliance history in the event of future site visits or inquiries.

IX. Engagement Records and Billing

We request copies of the engagement agreement between Whitfield & Parekh LLP and OWS, which we understand was executed on or about June 1, 2019, together with any amendments, addenda, or modifications thereto.

We further request a summary of any outstanding invoices or unpaid fees owed by OWS to your firm, as well as a statement of any trust account or client funds account balances currently held by Whitfield & Parekh on behalf of OWS. We also request that your firm confirm in writing that it asserts no attorney's lien or other encumbrance on the client files and that the files will be released without condition upon receipt of this request and the enclosed client authorization.

X. Format and Delivery Instructions

We request that all files be organized by beneficiary name and petition type (e.g., "Mehrotra, Ankit — H-1B Extension" and "Mehrotra, Ankit — PERM EB-2") to facilitate an orderly transition.

Our preferred format for delivery is electronic, via a secure file transfer protocol or encrypted USB drive. We ask that all documents be provided in PDF format, with individual files clearly named and organized in a logical folder structure. Any original signed documents (including original I-797 approval notices, original certified LCAs, and any other original documents in your possession) should be shipped separately via a traceable courier service (e.g., Severin Partners LLC or Halcyon Partners LLC) with signature confirmation required upon delivery.

Please deliver all files to:

Megan Chu Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles, CA 90071

With a copy to:

Tanya Benavides, Paralegal Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles, CA 90071

If your firm elects to deliver files electronically, we will provide designated secure email addresses upon your confirmation of the preferred transfer method. Please contact Ms. Benavides at (213) 555-4827 to coordinate delivery logistics.

XI. Target Completion Date

We respectfully request that the complete file transfer be accomplished no later than June 15, 2025. This timeline is driven by several critical deadlines that require our immediate access to the transferred files:

(a) FY2026 H-1B Cap Petitions: The filing window for FY2026 H-1B cap-subject petitions closes on June 30, 2025. We must have access to the registration documentation and preliminary petition materials for the five selected candidates well in advance of that deadline to prepare and file timely petitions.

(b) Chen Xiaoming — H-1B Extension Filing: Mr. Chen Xiaoming's current H-1B validity period expires on August 14, 2026. Under the 180-day advance filing window, an extension petition may be filed as early as approximately February 2026; however, we understand that the current approved status period is August 15, 2023 through August 14, 2026, and we need to review the complete file to assess filing strategy and timing. We note that if there are any complications or if an extension or amendment is required sooner, timely access to the file is essential.

(c) Takeshi Nakamura — Pending Extension/RFE: As discussed in Section III above, Mr. Nakamura's I-94 has expired and he is relying on the 240-day automatic extension. Any RFE response deadline requires our immediate attention.

(d) Arjun Krishnamurthy — PERM Audit: The pending PERM audit response must be addressed promptly to avoid adverse consequences, including potential denial of the labor certification.

We respectfully request that your firm acknowledge receipt of this letter and provide a proposed timeline for the transfer within five (5) business days of the date hereof—that is, no later than May 29, 2025. If any aspect of the requested timeline presents difficulty, we are happy to discuss alternative arrangements, provided that the pending matters identified in Section III are prioritized.

XII. Client Authorization

As noted above, Patricia Langford, General Counsel of Optiwave Semiconductor Corp., has authorized this transfer in writing. A signed authorization from OWS directing Whitfield & Parekh LLP to release all immigration-related files to Calderwood & Harkness LLP is enclosed with this letter.

Should you require any additional confirmation from the client, or should you wish to verify the authorization directly, Ms. Langford may be reached at (408) 555-3100 or at plangford@optiwavesemi.com. Additionally, Rajesh Anand, Immigration Program Manager at OWS, is available to coordinate logistics related to the file transfer. Mr. Anand may be reached at (408) 555-3142 or at ranand@optiwavesemi.com.

XIII. Cooperation and Transition

We wish to express our sincere appreciation for Whitfield & Parekh LLP's dedicated service to OWS over the past six years. We understand that your firm has built a significant body of work on behalf of the Company, and we are grateful for the care and diligence reflected in the portfolio. As we have noted, this transition is entirely cooperative and collegial in nature, and we hope to ensure that the handoff is as smooth and seamless as possible for all parties, particularly the beneficiaries whose immigration status is at stake.

We stand ready to coordinate with your firm on any pending matters during this transition period. In particular, we welcome the opportunity to collaborate on the Nakamura extension/RFE matter and the Krishnamurthy PERM audit response to ensure continuity and avoid any lapse in representation. If you or any member of your team would find it helpful, we are available for a brief telephone call at your convenience to discuss transition logistics, pending deadlines, and any other matters that may facilitate an orderly transfer.

XIV. Closing

Thank you for your prompt attention to this matter. We look forward to receiving your acknowledgment and a proposed transfer timeline at your earliest convenience. Should you have any questions or wish to discuss any aspect of this request, please do not hesitate to contact me directly.

Megan Chu Telephone: (213) 555-4819

Email: mchu@calderwoodharkness.com

We appreciate your cooperation and professionalism in facilitating this transition.

Very truly yours,

CALDERWOOD & HARKNESS LLP

By: ________

Megan Chu Associate Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles, CA 90071 Telephone: (213) 555-4819

Email: mchu@calderwoodharkness.com

Encl: Client Authorization for File Transfer (signed by Patricia Langford, General Counsel, Optiwave Semiconductor Corp.)

cc:

Patricia Langford, General Counsel, Optiwave Semiconductor Corp. Rajesh Anand, Immigration Program Manager, Optiwave Semiconductor Corp. Nathaniel Bower, Partner, Calderwood & Harkness LLP Dr. Lena Marchetti, Of Counsel, Calderwood & Harkness LLP Tanya Benavides, Paralegal, Calderwood & Harkness LLP

No.	Beneficiary Name	Position	Petition Type	Validity Period
1	Dr. Ankit Mehrotra	Senior Photonics Engineer	Extension	09/01/2023 – 08/31/2026
2	Wei-Lin Tsai	RF Design Engineer	Initial	10/01/2024 – 09/30/2027
3	Sunita Raghavan	Process Integration Engineer	Transfer	01/15/2024 – 01/14/2027
4	Jae-Won Park	Analog IC Designer	Extension	04/01/2023 – 03/31/2026
5	Oleksandr Kovalenko	FPGA Verification Engineer	Initial	10/01/2024 – 09/30/2027
6	Maria Fernanda Salinas	Embedded Systems Engineer	Transfer	07/01/2024 – 06/30/2027
7	Takeshi Nakamura	Signal Integrity Engineer	Extension	06/01/2022 – 05/31/2025
8	Priya Venkataraman	Packaging Engineer	Initial	10/01/2024 – 09/30/2027
9	Dmitri Volkov	Test Automation Engineer	Transfer	03/15/2025 – 03/14/2028
10	Hyun-Soo Kim	Layout Design Engineer	Extension	11/01/2023 – 10/31/2026
11	Rania El-Masri	Systems Architect	Initial	10/01/2024 – 09/30/2027
12	Chen Xiaoming	Reliability Engineer	Extension	08/15/2023 – 08/14/2026
13	Fatima Al-Rashidi	DevOps / CI-CD Engineer	Initial	10/01/2024 – 09/30/2027
14	Arjun Krishnamurthy	Power Management IC Designer	Extension	12/01/2022 – 11/30/2025
No.	Beneficiary Name	Position	Classification	Validity Period
15	Dr. Seo-Yeon Cho	Principal Photonics Researcher	O-1A	03/01/2024 – 02/28/2027
16	Dr. Vikram Iyer	Chief Architect, PIC Platform	O-1A	05/15/2023 – 05/14/2026
17	Dr. Amara Osei-Bonsu	Lead Quantum Photonics Scientist	O-1A	09/01/2024 – 08/31/2027
18	Luciana Moretti	Senior UX/Industrial Designer	O-1B	01/15/2025 – 01/14/2028
No.	Beneficiary Name	Category	Priority Date	Status
1	Dr. Ankit Mehrotra	EB-2	03/15/2024	PERM filed
2	Sunita Raghavan	EB-2	06/01/2024	PERM filed
3	Jae-Won Park	EB-2	11/20/2023	PERM filed
4	Hyun-Soo Kim	EB-3	02/28/2024	PERM filed

5	Chen Xiaoming	EB-2	04/05/2024	PERM filed
6	Arjun Krishnamurthy	EB-2	07/22/2023	PERM audit pending
7	Takeshi Nakamura	EB-1B	09/10/2022	Filed

CALDERWOOD & HARKNESS LLP Attorneys at Law
555 South Grand Avenue, 38th Floor Los Angeles, California 90071 Telephone: (213) 555-4800 Facsimile: (213) 555-4801
101 California Street, 27th Floor San Francisco, California 94111 Telephone: (415) 555-7200 Facsimile: (415) 555-7201
May 22, 2025
Kavita Parekh, Esq. Partner Whitfield & Parekh LLP 600 Wilshire Boulevard, Suite 1200 Los Angeles, CA 90017
Re: Transfer of Immigration Case Files — Optiwave Semiconductor Corp. Our Reference: SC-OWS-2025-0520-IMM
Dear Ms. Parekh:
I. Purpose and Authorization
I write on behalf of Calderwood & Harkness LLP to formally request the transfer of all immigration case files, work product, and related documentation pertaining to Optiwave Semiconductor Corp. ("OWS" or the "Company"). Calderwood & Harkness LLP has been engaged by OWS as its outside immigration counsel, effective May 20, 2025, pursuant to an executed engagement letter bearing reference number SC-OWS-2025-0520-IMM.
Patricia Langford, General Counsel of OWS, has authorized this transfer and has separately communicated OWS's consent to your firm for the release of all immigration-related files. A signed client authorization from Ms. Langford directing Whitfield & Parekh LLP to release all such files to Calderwood & Harkness LLP is enclosed with this letter.
We understand that Whitfield & Parekh LLP served as OWS's immigration counsel from June 1, 2019, through April 30, 2025. During that period, your firm managed a significant immigration portfolio on behalf of the Company, including numerous nonimmigrant visa petitions, PERM labor certification applications, immigrant visa petitions, and compliance-related matters. We wish to emphasize that this transition is entirely cooperative and reflects OWS's decision to consolidate its outside counsel relationships following a portfolio-wide counsel consolidation initiated by Crestline Ventures Fund IV, LP, OWS's majority investor. The transition does not arise from, and should not be interpreted as reflecting, any adverse circumstances, dissatisfaction, or dispute.
Accordingly, we respectfully request the complete transfer of all immigration case files, attorney work product, and related documentation to Calderwood & Harkness LLP at the address indicated above. The specific categories of files and documents requested are described in detail below.
II. Active Visa Holder Petition Files (18 Beneficiaries)
We request complete petition files for all eighteen (18) active visa holder beneficiaries currently sponsored by OWS. These beneficiaries include fourteen (14) individuals maintaining H-1B status and four (4) individuals maintaining O-1 status, as identified below. For each beneficiary, we request the full petition file, including all approved I-797 Notices of Action, all filed I-129 petitions, supporting documentation, and all correspondence with United States Citizenship and Immigration Services ("USCIS").
A. H-1B Visa Holders (14 Beneficiaries)
The fourteen H-1B beneficiaries, together with their positions, petition types, and validity periods, are as follows:
B. O-1 Visa Holders (4 Beneficiaries)
The four O-1 beneficiaries, together with their positions, classification types, and validity periods, are as follows:
C. Specific Documents Requested for Each Beneficiary
For each of the eighteen beneficiaries listed above, we request the following specific documents and materials, to the extent they exist in your firm's files:
(a) Approved Form I-797 Notice of Action, including both approval notices and receipt notices for all petitions filed on the beneficiary's behalf;
(b) Filed Form I-129 petitions, with all exhibits, attachments, supporting letters, and tabbed documentation as submitted to USCIS;
(c) Certified Labor Condition Applications ("LCAs") associated with each H-1B petition, including the certified ETA Form 9035/9035E and any amendments thereto;
(d) Employer support letters prepared in connection with each petition, together with any expert opinion letters, advisory opinion letters, or peer review letters obtained in support of O-1 petitions;
(e) Beneficiary credentials, including copies of academic transcripts, diplomas, educational credential evaluations (including any evaluations prepared by recognized credentialing services such as WES, ECE, or NACES member agencies), and letters of experience documenting the beneficiary's prior employment;
(f) All correspondence with USCIS, including receipt notices (Form I-797C), approval notices (Form I-797A/B), transfer notices, denial notices (if any), and, critically, any Requests for Evidence ("RFEs") issued by USCIS together with all responses prepared and filed in connection therewith;
(g) Copies of beneficiaries' immigration documents in the firm's possession, including I-94 Arrival/Departure Records (both electronic and paper, as applicable), copies of visa stamps in the beneficiary's passport, and copies of passport biographical pages; and
(h) Any internal memoranda, case strategy notes, attorney work product, or research memoranda prepared in connection with any of the foregoing petitions.
III. Pending Matters Requiring Urgent Attention
We wish to draw particular attention to several pending matters that are time-sensitive and require immediate attention. We respectfully request that files and documentation related to these matters be prioritized and transferred ahead of the general file transfer, if at all possible.
A. Takeshi Nakamura — H-1B Extension (Pending)
An H-1B extension petition was filed on behalf of Mr. Takeshi Nakamura on or about March 15, 2025, while your firm was still counsel of record for OWS. We understand that a receipt notice from USCIS is pending, or may have been received by your firm since the conclusion of your engagement. Mr. Nakamura's current I-94 expired on May 31, 2025, and he is presently relying upon the 240-day automatic extension of employment authorization under 8 C.F.R. § 274a.12(b)(20), which permits continued employment while the extension petition remains pending. It is therefore critical that we have complete documentation of the timely filing of this extension petition in order to advise OWS on Mr. Nakamura's continued work authorization and to respond to any USCIS inquiries.
We request the following with respect to the Nakamura matter:
(i) A complete copy of the filed H-1B extension petition, including all supporting documentation and exhibits as submitted to USCIS;
(ii) Proof of timely filing, including Severin Partners LLC or USPS tracking confirmation, any USCIS receipt notice (Form I-797C), and confirmation of filing fees paid;
(iii) Any pending Request for Evidence received from USCIS and all supporting documentation previously compiled or drafted in anticipation of an RFE response, together with information regarding any applicable response deadline; and
(iv) Any internal notes, case strategy memoranda, or correspondence with the client or beneficiary regarding the extension filing.
Given the expiration of Mr. Nakamura's I-94 and his reliance on the 240-day extension provision, we consider this matter to be of the highest urgency.
B. Arjun Krishnamurthy — PERM Audit Pending
We understand that the PERM labor certification application filed on behalf of Mr. Arjun Krishnamurthy is currently subject to an audit by the U.S. Department of Labor ("DOL"). We request the complete audit file, including:
(i) The DOL audit notification letter, including the date received and the specific documentation requested by the DOL;
(ii) All recruitment documentation compiled in connection with the PERM application, including copies of advertisements placed in newspapers of general circulation, professional journals, and online job boards; the job order placed with the State Workforce Agency; any on-campus recruitment, job fair, or other recruitment efforts; the recruitment report summarizing the results of recruitment and the disposition of all applicants; and copies of all resumes received in response to the recruitment;
(iii) Any draft or prepared responses to the audit, whether finalized or in progress; and
(iv) Any correspondence with the DOL regarding the audit, including any extensions of time requested or granted.
C. Withdrawn Candidate — Pending RFE
We understand that your firm may have a file pertaining to a third pending matter involving a Request for Evidence issued by USCIS in connection with a petition filed for a candidate whose offer was subsequently withdrawn. We request the complete file for this matter, including the original petition as filed, the RFE as received from USCIS, any response prepared or drafted, and all correspondence regarding the withdrawal of the petition or candidate. If there is any pending deadline associated with this RFE, we would appreciate immediate notification so that appropriate action may be taken.
Given the time-sensitive nature of all three of these pending matters, we respectfully request that the files and documentation relating to Mr. Nakamura, Mr. Krishnamurthy, and the withdrawn candidate be transferred on a prioritized basis, ahead of the general transfer if necessary.
IV. PERM / Green Card Case Files (7 Cases, Including 1 EB-1B)
In addition to the active nonimmigrant visa petition files, we request complete files for all permanent residence sponsorship matters handled by your firm on behalf of OWS. This includes seven cases as identified below:
For each of these cases, we request the following documents and materials:
(a) Certified or pending ETA Form 9089 (Application for Permanent Employment Certification), including all pages and any amendments;
(b) Prevailing wage determination issued by the DOL's National Prevailing Wage Center, including the SOC code, wage level, and validity period;
(c) Complete recruitment documentation, including but not limited to: copies of all advertisements placed (Sunday newspaper advertisements, professional/trade journal advertisements, online job board postings, State Workforce Agency job orders, and any additional recruitment steps undertaken pursuant to 20 C.F.R. § 656.17(e)); the employer's recruitment report summarizing the results and lawful job-related reasons for rejecting any U.S. worker applicants; and copies of all resumes and applications received;
(d) Any audit or supervised recruitment correspondence received from the DOL, together with any responses filed;
(e) Any filed or approved Form I-140 (Immigrant Petition for Alien Worker), including copies of the filed petition, all supporting documentation and exhibits, any USCIS receipt notices, approval notices, or Requests for Evidence, and any responses thereto; and
(f) Supporting evidence of the beneficiary's qualifications submitted in connection with the I-140 petition, including academic credentials, credential evaluations, letters of experience, evidence of extraordinary ability or outstanding research (for the EB-1B matter), publications, citations, and any other materials submitted to USCIS.
We note that the Krishnamurthy PERM audit (item 6) has been addressed separately in Section III above as a pending matter requiring urgent attention.
V. Historical Public Access File (PAF) Documentation
We request all Public Access File ("PAF") documentation maintained by Whitfield & Parekh LLP on behalf of OWS covering the period from June 1, 2019, through April 30, 2025. Compliance with PAF maintenance obligations under 20 C.F.R. § 655.760 is essential to OWS's ongoing regulatory posture, and we must ensure continuity of these records. The documentation requested includes, without limitation:
(a) Certified Labor Condition Applications (ETA Form 9035/9035E) for all LCAs filed during the relevant period;
(b) Prevailing wage source documentation, including references to the applicable wage surveys or other wage data relied upon in determining the prevailing wage for each LCA;
(c) Actual wage memoranda documenting the employer's actual wage for each position and worksite;
(d) Summary of benefits offerings provided to H-1B workers relative to U.S. workers in comparable positions;
(e) Notices of LCA posting, including evidence that the LCA was posted at the worksite or provided to the collective bargaining representative (if any), together with the dates of posting; and
(f) Any supplemental PAF documentation, including documentation of any changes in working conditions, worksite changes, or short-term placements.
We request that the PAF documentation be organized by worksite, as follows:
• Site A: 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134
• Site B: 7600 Spectrum Drive, Building 4, Austin, TX 78729
• Site C: 1425 Northwest Couch Street, Suite 200, Portland, OR 97209
VI. I-9 Records and E-Verify Documentation
We request copies of any Form I-9 (Employment Eligibility Verification) binder records or electronic I-9 data in your firm's possession that were maintained on behalf of OWS. We understand that OWS utilizes the E-Verify program (Company ID 1487623), integrated through Sentinel Background Verification Corp., and that your firm may have copies of E-Verify case verification records, case results, or related correspondence in its files. We request that any such records be included in the transfer.
Additionally, we request copies of any I-9 audit reports, compliance assessments, or internal review memoranda previously prepared by your firm in connection with OWS's I-9 and E-Verify compliance obligations. These records are important to our ability to advise OWS on its ongoing compliance posture and to prepare for any future government audits or inspections.
VII. FY2026 H-1B Registration Documentation
We request copies of all documentation related to the FY2026 H-1B cap registration submissions filed by your firm on behalf of OWS. We understand that your firm filed H-1B registration submissions on or about March 7, 2025, for nine (9) cap-subject candidates. We further understand that lottery selection and non-selection notifications were received on or about April 1, 2025.
We request the following:
(a) Copies of all nine registration submissions, including confirmation receipts from the USCIS online registration system;
(b) Lottery selection notices for the five (5) selected candidates and non-selection notices for the four (4) unselected candidates;
(c) Any preliminary petition preparation materials, documentation, or evidence gathered in anticipation of filing cap-subject H-1B petitions for the selected candidates; and
(d) Any documentation or correspondence relating to the unselected candidates, including any analysis of alternative visa options.
For reference, the nine candidates are identified as follows:
Selected Candidates (5):
1. Naveen Sharma
2. Yuki Tanaka
3. Ekaterina Solovyova
4. Ahmed Hassan
5. Min-Jun Lee
Unselected Candidates (4):
1. Carlos Delgado Rivera
2. Anh Nguyen
3. Blessing Adeyemi
4. Sofia Petrova
We note that the FY2026 H-1B cap petition filing deadline is June 30, 2025, and accordingly the timely transfer of these materials is essential to our ability to file petitions on behalf of the selected candidates within the prescribed filing window.
VIII. FDNS Site Visit Documentation
We request copies of all documentation related to the two USCIS Fraud Detection and National Security ("FDNS") site visits conducted at OWS facilities during your firm's representation. Specifically, we are aware of the following site visits:
(a) November 8, 2023 — FDNS site visit conducted at OWS's San Jose, California facility (4820 Veltrano Parkway, Suite 300). We understand that this visit resulted in no adverse findings.
(b) February 12, 2025 — FDNS site visit conducted at OWS's San Jose, California facility. We understand that this visit also resulted in no adverse findings.
For each site visit, we request copies of any documentation in your files, including site visit reports or summaries, FDNS officer identification and contact information, any follow-up correspondence from USCIS or FDNS, any written responses or submissions made to FDNS on behalf of OWS, and any internal memoranda or notes prepared by your firm in connection with these visits. This documentation is important both for historical record-keeping purposes and to ensure that we are fully informed of OWS's compliance history in the event of future site visits or inquiries.
IX. Engagement Records and Billing
We request copies of the engagement agreement between Whitfield & Parekh LLP and OWS, which we understand was executed on or about June 1, 2019, together with any amendments, addenda, or modifications thereto.
We further request a summary of any outstanding invoices or unpaid fees owed by OWS to your firm, as well as a statement of any trust account or client funds account balances currently held by Whitfield & Parekh on behalf of OWS. We also request that your firm confirm in writing that it asserts no attorney's lien or other encumbrance on the client files and that the files will be released without condition upon receipt of this request and the enclosed client authorization.
X. Format and Delivery Instructions
We request that all files be organized by beneficiary name and petition type (e.g., "Mehrotra, Ankit — H-1B Extension" and "Mehrotra, Ankit — PERM EB-2") to facilitate an orderly transition.
Our preferred format for delivery is electronic, via a secure file transfer protocol or encrypted USB drive. We ask that all documents be provided in PDF format, with individual files clearly named and organized in a logical folder structure. Any original signed documents (including original I-797 approval notices, original certified LCAs, and any other original documents in your possession) should be shipped separately via a traceable courier service (e.g., Severin Partners LLC or Halcyon Partners LLC) with signature confirmation required upon delivery.
Please deliver all files to:
Megan Chu Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles, CA 90071
With a copy to:
Tanya Benavides, Paralegal Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles, CA 90071
If your firm elects to deliver files electronically, we will provide designated secure email addresses upon your confirmation of the preferred transfer method. Please contact Ms. Benavides at (213) 555-4827 to coordinate delivery logistics.
XI. Target Completion Date
We respectfully request that the complete file transfer be accomplished no later than June 15, 2025. This timeline is driven by several critical deadlines that require our immediate access to the transferred files:
(a) FY2026 H-1B Cap Petitions: The filing window for FY2026 H-1B cap-subject petitions closes on June 30, 2025. We must have access to the registration documentation and preliminary petition materials for the five selected candidates well in advance of that deadline to prepare and file timely petitions.
(b) Chen Xiaoming — H-1B Extension Filing: Mr. Chen Xiaoming's current H-1B validity period expires on August 14, 2026. Under the 180-day advance filing window, an extension petition may be filed as early as approximately February 2026; however, we understand that the current approved status period is August 15, 2023 through August 14, 2026, and we need to review the complete file to assess filing strategy and timing. We note that if there are any complications or if an extension or amendment is required sooner, timely access to the file is essential.
(c) Takeshi Nakamura — Pending Extension/RFE: As discussed in Section III above, Mr. Nakamura's I-94 has expired and he is relying on the 240-day automatic extension. Any RFE response deadline requires our immediate attention.
(d) Arjun Krishnamurthy — PERM Audit: The pending PERM audit response must be addressed promptly to avoid adverse consequences, including potential denial of the labor certification.
We respectfully request that your firm acknowledge receipt of this letter and provide a proposed timeline for the transfer within five (5) business days of the date hereof—that is, no later than May 29, 2025. If any aspect of the requested timeline presents difficulty, we are happy to discuss alternative arrangements, provided that the pending matters identified in Section III are prioritized.
XII. Client Authorization
As noted above, Patricia Langford, General Counsel of Optiwave Semiconductor Corp., has authorized this transfer in writing. A signed authorization from OWS directing Whitfield & Parekh LLP to release all immigration-related files to Calderwood & Harkness LLP is enclosed with this letter.
Should you require any additional confirmation from the client, or should you wish to verify the authorization directly, Ms. Langford may be reached at (408) 555-3100 or at plangford@optiwavesemi.com. Additionally, Rajesh Anand, Immigration Program Manager at OWS, is available to coordinate logistics related to the file transfer. Mr. Anand may be reached at (408) 555-3142 or at ranand@optiwavesemi.com.
XIII. Cooperation and Transition
We wish to express our sincere appreciation for Whitfield & Parekh LLP's dedicated service to OWS over the past six years. We understand that your firm has built a significant body of work on behalf of the Company, and we are grateful for the care and diligence reflected in the portfolio. As we have noted, this transition is entirely cooperative and collegial in nature, and we hope to ensure that the handoff is as smooth and seamless as possible for all parties, particularly the beneficiaries whose immigration status is at stake.
We stand ready to coordinate with your firm on any pending matters during this transition period. In particular, we welcome the opportunity to collaborate on the Nakamura extension/RFE matter and the Krishnamurthy PERM audit response to ensure continuity and avoid any lapse in representation. If you or any member of your team would find it helpful, we are available for a brief telephone call at your convenience to discuss transition logistics, pending deadlines, and any other matters that may facilitate an orderly transfer.
XIV. Closing
Thank you for your prompt attention to this matter. We look forward to receiving your acknowledgment and a proposed transfer timeline at your earliest convenience. Should you have any questions or wish to discuss any aspect of this request, please do not hesitate to contact me directly.
Megan Chu Telephone: (213) 555-4819
Email: mchu@calderwoodharkness.com
We appreciate your cooperation and professionalism in facilitating this transition.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Megan Chu Associate Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles, CA 90071 Telephone: (213) 555-4819
Email: mchu@calderwoodharkness.com
Encl: Client Authorization for File Transfer (signed by Patricia Langford, General Counsel, Optiwave Semiconductor Corp.)
cc:
Patricia Langford, General Counsel, Optiwave Semiconductor Corp. Rajesh Anand, Immigration Program Manager, Optiwave Semiconductor Corp. Nathaniel Bower, Partner, Calderwood & Harkness LLP Dr. Lena Marchetti, Of Counsel, Calderwood & Harkness LLP Tanya Benavides, Paralegal, Calderwood & Harkness LLP
No. | Beneficiary Name | Position | Petition Type | Validity Period
1 | Dr. Ankit Mehrotra | Senior Photonics Engineer | Extension | 09/01/2023 – 08/31/2026
2 | Wei-Lin Tsai | RF Design Engineer | Initial | 10/01/2024 – 09/30/2027
3 | Sunita Raghavan | Process Integration Engineer | Transfer | 01/15/2024 – 01/14/2027
4 | Jae-Won Park | Analog IC Designer | Extension | 04/01/2023 – 03/31/2026
5 | Oleksandr Kovalenko | FPGA Verification Engineer | Initial | 10/01/2024 – 09/30/2027
6 | Maria Fernanda Salinas | Embedded Systems Engineer | Transfer | 07/01/2024 – 06/30/2027
7 | Takeshi Nakamura | Signal Integrity Engineer | Extension | 06/01/2022 – 05/31/2025
8 | Priya Venkataraman | Packaging Engineer | Initial | 10/01/2024 – 09/30/2027
9 | Dmitri Volkov | Test Automation Engineer | Transfer | 03/15/2025 – 03/14/2028
10 | Hyun-Soo Kim | Layout Design Engineer | Extension | 11/01/2023 – 10/31/2026
11 | Rania El-Masri | Systems Architect | Initial | 10/01/2024 – 09/30/2027
12 | Chen Xiaoming | Reliability Engineer | Extension | 08/15/2023 – 08/14/2026
13 | Fatima Al-Rashidi | DevOps / CI-CD Engineer | Initial | 10/01/2024 – 09/30/2027
14 | Arjun Krishnamurthy | Power Management IC Designer | Extension | 12/01/2022 – 11/30/2025
No. | Beneficiary Name | Position | Classification | Validity Period
15 | Dr. Seo-Yeon Cho | Principal Photonics Researcher | O-1A | 03/01/2024 – 02/28/2027
16 | Dr. Vikram Iyer | Chief Architect, PIC Platform | O-1A | 05/15/2023 – 05/14/2026
17 | Dr. Amara Osei-Bonsu | Lead Quantum Photonics Scientist | O-1A | 09/01/2024 – 08/31/2027
18 | Luciana Moretti | Senior UX/Industrial Designer | O-1B | 01/15/2025 – 01/14/2028
No. | Beneficiary Name | Category | Priority Date | Status
1 | Dr. Ankit Mehrotra | EB-2 | 03/15/2024 | PERM filed
2 | Sunita Raghavan | EB-2 | 06/01/2024 | PERM filed
3 | Jae-Won Park | EB-2 | 11/20/2023 | PERM filed
4 | Hyun-Soo Kim | EB-3 | 02/28/2024 | PERM filed
5 | Chen Xiaoming | EB-2 | 04/05/2024 | PERM filed
6 | Arjun Krishnamurthy | EB-2 | 07/22/2023 | PERM audit pending
7 | Takeshi Nakamura | EB-1B | 09/10/2022 | Filed

CALDERWOOD & HARKNESS LLP Attorneys at Law

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