CASE: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Egyptian Periodontist in Toledo, OH

Our client is a dental clinic located in Toledo Ohio.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained his Master of Dentistry in the United States. Also, he had 3 years of residency training in Periodontics in the U.S. Moreover, he is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary is an associate periodontist which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and registered for the H-1B selection process. His case was selected for the 2023 Fiscal Year H-1B quota. Our office prepared and eventually filed the H-1B visa petition with various supporting documents on April 27, 2022 via premium processing.  Our client’s H-1B application was approved on May 6, 2022 without any Request for Evidence (RFE).

{ 0 comments }

CASE: I-485 / EB-2 I-140  
APPLICANT: Korean Dentist in Cleveland, OH

Our client is from South Korea, who is currently working in the United States as an associate dentist on H-1B status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. Based on our client’s education and work background, our office determined that she is eligible for EB-2 classification. 

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On December 6, 2019, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on March 30, 2020.  On June 4, 2020, we filed PERM.  On December 3, 2020, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on December 28, 2020 via regular processing service. We also filed her I-485 adjustment of status application simultaneously since her priority date was current. On April 9, 2021, our office filed a premium processing upgrade request to the USCIS upon our client’s request. On April 21, 2021, the I-140 EB2 Petition for our Korean client was approved without any Request for Evidence (RFE). On March 24, 2022, her I-485 adjustment of status application was approved without any Request for Evidence (RFE).

{ 0 comments }

CASE: EB-2 I-140    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Canadian Dentist

Our Canadian client works in the United States as an associate dentist under H-1B status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. Based on our client’s education and work background, he is clearly eligible for EB-2 classification. 

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On December 10, 2019, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on April 1, 2020.  On June 8, 2020, we promptly filed PERM.  Eventually, on December 16, 2020, the PERM Labor Certification was approved – an EB2 position for the Canadian beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on January 14, 2021, via regular processing service. We also filed his I-485 adjustment of status application simultaneously since his priority date was current. On April 14, 2021, our office filed a premium processing upgrade request to the USCIS upon our client’s request. Eventually, on April 26, 2021, the I-140 EB2 Petition for our Canadian client was approved without any Request for Evidence (RFE). 

{ 0 comments }

CASE: H-1B Change of Employer

PETITIONER: Dental Clinic

BENEFICIARY: Indian Dentist

LOCATION: Cleveland, OH 

Our client is a dental clinic located in Cleveland, Ohio.  They contacted our office in November 2020 to seek legal assistance for their foreign employee. The beneficiary is from India and he obtained his Doctor of Dental Surgery (DDS) degree and a dental license. The proffered position for the Beneficiary is an associate dentist which qualifies as a specialty occupation. 

The foreign beneficiary in this case already had his H-1B visa from his previous employer.  However, his H-1B visa was not expired yet, and he wanted to extend his H-1B status on the change of employer basis. 

Upon retention, our office promptly filed the H-1B visa petition with various supporting documents on December 7, 2020 via regular processing.  Since this petition was based on a change of employer, this petition was exempt from the annual H-1B cap.  Thus, we could file prior to April 1.  There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Petition was approved on December 22, 2020 even though it was filed via regular processing.  Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there for next three years.

{ 0 comments }

CASE: PERM Labor Certification    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Canadian Dentist

Our client is from Canada, currently working in the United States as an associate dentist on an H-1B status. His employer was willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that his employer can petition him as an associate dentist. Based on our client’s education and professional background, he is eligible for EB-2 classification. 

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM. PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On December 10, 2019, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on April 1, 2020.  On June 8, 2020, we promptly PERM. On December 16, 2020, the PERM Labor Certification was approved – an EB2 position for the Canadian beneficiary. Now the I-140 petition can be filed.

{ 0 comments }

CASE: PERM Labor Certification    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Korean Dentist

Our client is from South Korea who is currently working in the United States as an associate dentist under an H-1B status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. Based on these, her employer can petition her as an associate dentist. She is eligible for EB-2 classification. 

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On December 6, 2019, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on March 30, 2020.  On June 4, 2020, we promptly filed PERM.  Eventually, on December 3, 2020, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. Now our client can file the I-140 petition.

{ 0 comments }

CASE: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Korean Dentist in Bedford, OH

Our client is a dental clinic located in Cleveland, Ohio.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained his Doctor of Dental Medicine in the United States. Moreover, she is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary is an associate dentist which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 29, 2019 via regular processing service. This H-1B petition was selected after the lottery.  Eventually, our client’s H-1B application was approved on July 24, 2019.

{ 0 comments }

CASE: Adjustment of Status (I-485) / I-140 (EB-2)
EMPLOYER: Egyptian Periodontist
LOCATION: Cleveland, OH

Our Egyptian client worked in the United States on an OPT as an associate periodontist. His current employer was willing to do an immigration petition for him, second-preference. Our client has a dentistry degree in Egypt which is evaluated as Doctor of Dental Medicine degree in the United States. He also has a license to practice dentistry in the state of Ohio and has 3 years of residency training in periodontics.  Based on our client’s education and work, our office determined that he is eligible for EB-2 classification.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On August 18, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 1, 2017. On January 16, 2018, we promptly filed PERM. Eventually, on May 18, 2018, the PERM Labor Certification was approved – an EB2 position for the Egyptian beneficiary.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents. The I-140 Petition was filed on June 1, 2018, via premium processing service. Eventually, on June 8, 2018, the I-140 EB-2 Petition for our Egyptian client was approved without any Request for Evidence (RFE).

When we filed his I-140, he concurrently filed his I-485 adjustment of status application. Prior to the interview, we thoroughly prepared our client at our office as well. On September 11, 2018, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. However, the priority date of Eb-2 category for the Egyptian national backlogged. Our client had to wait until the priority date becomes current. In October 2018, his priority date becomes current. Eventually, his I-485 application was approved by the USCIS on November 23, 2018.

{ 0 comments }

CASE: PERM Labor Certification    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Indian Endodontist

Our client is from India, who is currently working in the United States as an associate endodontist under her OPT. Her current employer is willing to do an immigration petition for her, second-preference. Our client has a dentistry degree in India which is evaluated as an equivalent degree of Doctor of Dental Surgery degree the United States. She also has a license to practice dentistry in the state of Ohio and has 2 years of residency training in endodontics.  After talking to our client, our firm concluded that her employer can petition her as an associate endodontist. Based on our client’s educational, professional and working backgrounds, our office determined that she is clearly eligible for EB-2 classification.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On August 23, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 1, 2017. On February 6, 2018, we promptly filed PERM. Eventually, on June 11, 2018, the PERM Labor Certification was approved – an EB2 position for the Indian beneficiary. Now our client can file the I-140 petition.

{ 0 comments }

CASE: I-485 Adjustment of Status / I-140 (EB-2)
CLIENT: Korean Associate Dentist

Our client is from South Korea, who is currently working in the United States as an associate dentist under H-1B status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that her employer can petition her as an associate dentist. Based on our client’s education and work background, our office determined that she is clearly eligible for EB-2 classification.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On February 10, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 16, 2017. On August 4, 2017, we promptly filed PERM. Eventually, on December 21, 2017, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents. The I-140 Petition was filed on January 11, 2018 via premium processing service. Eventually, on January 22, 2018, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On February 9, 2018, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference call as well. On June 18, 2018, our client was interviewed at Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office also accompanied our client as well. Eventually, on June 19, 2018, her green card application was approved.

{ 0 comments }