CASE: H-1B Extension
PETITIONER:  Nursing Care Facility in Des Plaines, IL
BENEFICIARY: Filipino Health Educator

Our client is a nursing home which is located in Des Plaines, IL. They contacted our office in August 2020 to seek legal assistance for their foreign employee’s H-1B extension.  The beneficiary obtained his Bachelor’s Degree in Nursing. The proffered position for the Beneficiary is a Health Educator which qualifies as a specialty occupation – a position where the minimum requirement is a Bachelor’s Degree in a specific specialty related to the position. We also note that we did an I-140 Petition for this client and it was approved.  

Upon retention, our office filed the H-1B visa petition with various supporting documents on August 28, 2020 via premium processing service. Eventually, our client’s H-1B application was approved on September 4, 2020.  His H-1B is good until August 31, 2023.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came to the United States from India and has worked in the U.S. on an H-1B visa.  She married a U.S. Citizen in November 2019. She retained our office for her green card application.  

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 15, 2020. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients. On September 3, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Eventually, on the same day of her interview, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Jersey City, NJ

Our client contacted us in June 2019 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and he obtained his green card through employment in September 2014. 

His N-400 application was filed on July 1, 2019 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On September 2, 2020, our client appeared at the Newark, NJ USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. 

Eventually, his application was approved on the same day and he took his oath right away. He is now a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION: Medina, OH

Our client contacted us in January 2020 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from China and obtained his green card in February 2015. 

We filed his N-400 application on January 15, 2020 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On August 18, 2020, our client appeared at the USCIS Cleveland Ohio USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, on August 28, 2020, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-751

APPLICANT: Romanian

LOCATION: Sheffield Lake, OH

Our client contacted our office in April of 2019 regarding his I-751 application.

He is from Romania and she married a U.S. citizen in September 2015. Through his marriage, he obtained a 2-year conditional green card in July of 2017.  His conditional residency terminated in July 2019.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on April 15, 2019, and our office prepared an I-751 application for our client with the necessary supporting documents.

On May 6, 2019, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. The USCIS issued a Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with his wife. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on July 17, 2020.  

As a result, on August 28, 2020, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Sacramento, California

Our client came from the Philippines on a J-1 in August 2017 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. Later, her prospective employer wanted to sponsor her H-1B visa and she consulted with our firm for her J-1 visa waiver prior to applying for the H-1B. If someone is subject to the two-year foreign residency requirement, he or she cannot change status to H-1B in the United States until he or she fulfills the requirement or obtains a waiver.

Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact that she has a U.S. citizen child. Upon retention, our office filed a waiver application to the Department of State, and also prepared the No Objection Statement request from the EVP in the Philippines.

On January 7, 2020, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On April 13, 2020, our office sent our client’s No Objection Statement request to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee granted the NOS and forwarded the materials to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On August 11, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on August 25, 2020, the USCIS issued an I-612 approval notice for the waiver.

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CASE: I-485 Adjustment of Status / 245(k)

APPLICANT: Filipina High School Math Teacher

LOCATION: Holyoke, CO

Our client has a current employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Mathematics, a valid Colorado Teaching license, and has worked for her current employer since November 2014. Based on our client’s education and workg background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in April 2018.

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 the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on August 14, 2018.  On December 13, 2018, we filed PERM. 

On April 19, 2019, the Department of Labor issued an audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on April 24, 2019.  

Eventually, on July 15, 2019, the PERM Labor Certification was approved – an EB3 position for the Filipina 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, employee’s most recent W-2 record, and other necessary supporting documents.

The I-140 Petition was filed on July 30, 2019 via regular processing. Eventually, on September 12, 2019, the I-140 EB3 Petition for our Filipina client was approved. 

We filed her I-140 petition and I-485 adjustment of status application concurrently. 

Our client’s DS-2019 was not extended by her employer. Thus, she overstayed and had violated her status for less than 180 days prior to filing the I-485 application. 

Section 245(k) of the Immigration and Nationality Act can render the normal bars to adjustment of status found in section 245(c)(2), (c)(7), and (c)(8) inapplicable to certain employment-based adjustment of status applicants who, since their last lawful admission to the United States have not, for an aggregate period of more than 180 days: 

1. Failed to maintain, continuously, a lawful status; 
2. Engaged in unauthorized employment; or 
3. Otherwise violated the terms and conditions of his or her admission

INA §245(k). 

An eligible derivative of an alien may benefit from section 245(k) in his or her own right if he or she has failed to maintain continuously a lawful status, worked without authorization, or otherwise violated the terms and conditions of his or her admission for an aggregate of 180 days or less pursuant to a lawful admission. 

(See page 2, Neufeld Memorandum July 14, 2008, “Applicability of section 245(k) to Certain Employment-Based Adjustment of Status Applications filed under Section 245(a). 

Our client has not accrued over 180 days of “failure to maintain lawful status” nor over 180 days of “unauthorized employment”, and as such, she was still eligible to adjust status based on the I-485 filing through INA 245(k).

As mentioned above, our office filed an I-485 adjustment of status application for our client and her husband along with her I-140 petition. Our office also submitted a detailed brief and explained why our client is still eligible for adjustment of status through 245K despite her overstay and unauthorized employment.  Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On March 16, 2020, our client was interviewed at the Centennial, CO USCIS office. The interview went well; however, at that time, the priority date for the  Eb-3 category – Philippines was backlogged. Our client had to wait until the priority date became current. In August 2020, her priority date became current. Eventually, her I-485 application was approved by the USCIS on August 27, 2020. 

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CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Chagrin Falls, OH

Our client came to the United States from China on a B-2 visitor’s visa in June 2019. She married a U.S. Citizen in November 2019 and retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 10, 2019.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients as well. On August 27, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Canadian

LOCATION: Parma, OH

Our client came to the United States from Canada on a F-1 student visa to pursue his medical degree in the United States. He married a U.S. Citizen in July 2019 in Florida.  After they got married, our client’s wife got a job in DC and had to move. Our client was still in school in Ohio, so he had to stay in Ohio while his wife was in DC. Despite living apart, they maintained their marital relationship. 

He retained our office on October 14, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 13, 2019.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On August 26, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on the same day of his interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: Euclid, OH

Our client came to the United States from Nigeria on a F-1 student’s visa. He married a U.S. Citizen in July 2019 and retained our office on August 28, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 10, 2019.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients as well. On August 24, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, on August 25, 2020, his green card application was approved.

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