CASE: Marriage-Based Immigrant Petition and Adjustment of Status

CLIENT: Indian

LOCATION: Columbus, OH

Our client came to the United States from India on an H-1B visa in May 2013. He married a U.S. Citizen in September 2015 and retained our office on September 30, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 6, 2015.  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 January 12, 2016, our client was interviewed at Columbus, Ohio USCIS office. Eventually, on the same day, his green card application was approved.

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CASE: H-1B Visa Petition

PETITIONER: IT Consulting Company in Jacksonville, FL

BENEFICIARY: Indian Systems Analyst in India

Our client is an IT Consulting Company located in Jacksonville, FL.  They contacted our office in the middle of February this year to seek legal assistance for a possible H-1B petition for their potential foreign employee.

The beneficiary obtained his Bachelor’s degree in Computer Science in India. The Beneficiary is currently residing at India. The proffered position for the Beneficiary is a Systems Analyst which we argued qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 31, 2015 via regular processing. This H-1B petition was selected after the lottery.

Without any RFEs, our client’s H-1B petition was approved on August 17, 2015. Now, the beneficiary can apply for an H-1B visa at the U.S. Embassy in India, and upon the issuance of the visa, he can work for the Petitioner from October 1, 2015 for three years.

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CASE: Adjustment of Status Based on Approved K-1 Petition
CLIENT: Indian
LOCATION: Ohio

Our client came to the United States in July 2014 as a K-1 visa entrant from India.  Our client is a beneficiary of an approved I-129F petition and came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of entry.  Under immigration law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States.   

Our client contacted our office initially in the middle of August 2014 and consulted with us for her adjustment of status application process.  Once retained, our firm prepared and filed the I-485 Adjustment of Status Application on August 26, 2014.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

It is not mandatory to have an adjustment of status interview for an adjustment applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of marriage between the Petitioner and Beneficiary.  Fortunately, the USCIS did not ask for an adjustment interview for our client.  On August 12, 2015, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: Kentucky

Our client contacted us in March 2015 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from India and obtained his green card in June 2010 through marriage to his U.S. Citizen ex-wife. He first retained us for his H-751 since he got divorced to his US Citizen spouse, and that was approved. He retained our office again on March 6, 2015 for his N-400 application.

The N-400 application was filed on March 26, 2015 with all supporting documents. Prior to his citizenship interview, our office prepared him for his naturalization interview via conference calls. On June 25, 2015, our client appeared at the Louisville, KY USCIS office for his naturalization interview. Attorney JP Sarmiento from our office accompanied our client. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on July 28, 2015. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: Cleveland, OH

Our client contacted us in February 2015 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from India and obtained his green card in February 2012 through marriage to his U.S. Citizen ex-wife. He retained our office on February 12, 2015.

The N-400 application was filed on February 19, 2015 with all supporting documents. Prior to his citizenship interview, our office prepared him for his naturalization interview at our office. On May 7, 2015, our client appeared at the Cleveland, OH 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 June 4, 2015. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: H-1B Change of Employer / Re-capture and reclaim issues

PETITIONER: Software Development and IT Staffing Company

BENEFICIARY: Indian Computer Systems Analyst

LOCATION: Jacksonville, FL

Our client is a fast growing software developing and IT consulting company located in Jacksonville, FL. They contacted our office in August 2014 to seek assistance from our office for their foreign employee. The beneficiary is from India and he obtained his Bachelor’s Degree in Information Systems.  The proffered position for the Beneficiary is a Computer Systems Analyst which we argued qualifies as a specialty occupation

The foreign beneficiary in this case already had his H-1B from his previous employer which was in a similar industry.  However, he changed his status from H-1B to H-4 after his employment was terminated with his previous employer. Nevertheless, his previous H-1B was valid until September 2016 so our office argued that his unused H-1B time can be recaptured and his H-1B petition can be filed under a change of employer basis which means no cap limitation.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on August 27, 2014 via regular processing. However, the USCIS mailed a Request for Evidence to the Petitioner-Employer and requested Petitioner to submit additional evidence to establish that the proffered position to the beneficiary qualified as a “Specialty Occupation” on October 24, 2014, plus additional questions about the “in-house” nature of the employment.

We gathered supporting documents from both the Petitioner and Beneficiary and did research on the industry, focusing on similarly sized businesses, to demonstrate that a bachelor’s degree is commonly required for this position. We also provided in-house employment proof.

In the response brief, our office argued that the degree requirement is common to this industry in parallel positions among similar organizations.  We provided evidence that the position of Systems Analyst or Computer Systems Analyst is a common position required by similarly sized IT consulting companies.  Also, we provided evidence that Petitioner’s competitors normally require degrees in a specific specialty for closely related positions like that of Systems Analyst.  Moreover, our office asserted that the nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree in a specific specialty. Other documents pertaining to an in-house project was also submitted.

Our office filed a detailed Response to RFE brief with many exhibits to the USCIS Vermont Service Center on January 13, 2015.  Eventually, our client’s H-1B application was approved on February 11, 2015.

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CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Indian

LOCATION: Cleveland, OH

Our client contacted our office in early April of 2014 regarding his pending I-751 filing. He came to the United States from India and he married a U.S. Citizen (her ex-wife) in November 2010.

Through his marriage, he was able to obtain a 2-year conditional green card in May of 2011. Thus, his conditional residency terminated in May 2013.

Before his 2 year green card expired, our client filed an I-751 application with his ex-wife in 2013. However, while the I-751 application was pending, their marriage started to fall apart. Our client experienced a lot of difficulties in his marital life with his ex-wife. Unfortunately, their marriage ended in September 2014.  Thus, our client’s jointly filed application was denied by the USCIS.

He retained our office in September 2014 to file an I-751 with a waiver of the joint filing requirement. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment. We focused on the supporting documents that he can show and helped him draft an extensive affidavit about their marriage, and why it ended the way it did.

On September 30, 2014, our office filed the I-751 application with various supporting documents (over 16 exhibits and an affidavit over 3 pages) to demonstrate our client’s bona fide marriage with his ex-wife.

In December 2014, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client at our office and informed him of potential issues at the interview.

On January 8, 2015, our client was interviewed for his I-751 application at the USCIS Cleveland, OH Field Office.  Attorney Sung Hee (Glen) Yu from our office accompanied our client.  The interview was very extensive.  Nevertheless, the USCIS approved our client’s I-751 application. Now, he has his ten-year green card.

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Physician’s Office

BENEFICIARY: Indian

LOCATION: Florida

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, she was eligible for “Schedule A” classification.

The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Nurse Practitioner is included in Schedule A.

Our client has a Bachelors and Masters degree in nursing and is a certified Nurse Practitioner. Our office was retained in October 2014 and we filed a Prevailing Wage Determination Request immediately.

We filed the I-140 application on December 5, 2014 via premium processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents.

In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation. However, on December 12, 2014, the USCIS Texas Service Center requested our client’s employer’s federal tax record to determine its “ability to pay.” Our client’s employer provided a copy of its federal tax record, and our office submitted the Response to RFE to the USCIS on December 14, 2014.

Eventually, on December 18, 2014, the USCIS Texas Service Center approved her EB-2 I-140 petition. Our client can file her adjustment of status application when her priority date becomes current.

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CASE: H-1B Extension

PETITIONER:  Environmental Engineering Consulting Company

BENEFICIARY: Indian Principal Consulting Environmental / Water Engineer

Our client is an Environmental Engineering Consulting Company in Fairfax, VA. They contacted our office in October 2014 to seek legal assistance from our office for their foreign employee’s H-1B Extension.  The beneficiary is from India and obtained his Bachelor’s degree and Master’s Degree in Civil / Environmental Engineering. The proffered position for the Beneficiary is a Principal Consulting Environmental / Water Engineer which we argued qualifies as a specialty occupation.  He has been working for the Petitioner on a valid H-1B visa. The beneficiary already used his H-1B status for 6 years, but he is entitled to get a 3 year extension since he has an approved I-140 petition for him.

After retention, our office filed the H-1B visa petition with various supporting documents on October 21, 2014 via regular processing. Eventually, without any RFE, our client’s H-1B extension was approved on November 24, 2014. Now the Beneficiary can continue for the Petitioner on an H-1B status until December 31, 2017.

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CASE: H-1B Visa Petition

PETITIONER: IT Consulting Company in New Jersey

BENEFICIARY: Indian Systems Analyst in India

Our client is an IT Consulting Company located in New Jersey.  They contacted our office in early July of this year to seek legal assistance for possible H-1B petitions for a prospective foreign employee.

The beneficiary obtained his Bachelor’s degree in Mechanical Engineering in India.  The proffered position for the Beneficiary was a Systems Analyst which we argued qualifies as a specialty occupation. The beneficiary had an H-1B before and he started to work for his previous employer in 2007, but his employment was terminated though in August 2007 when he left for India 3 weeks from the initial H-1B date. His previous H-1B was valid until April 10, 2010 so our office argued that his unused H-1b time can be recaptured and his H-1B petition can be under a change of employer basis which means no cap limitation.

Upon retention, our office prepared and eventually filed the H-1B change of employer petition with various supporting documents on July 10, 2014 via regular processing. However, the USCIS mailed a Request for Evidence to the Petitioner-Employer and requested Petitioner to submit additional evidence to establish that the proffered position to the beneficiary qualified as a “Specialty Occupation” on September 15, 2014, plus additional questions about the “in-house” nature of the employment.

We gathered supporting documents from both the Petitioner and Beneficiary and did research on the industry, focusing on similarly sized businesses, to demonstrate that a bachelor’s degree is commonly required for this position. We also provided in-house employment proof.

In the response brief, our office argued that the degree requirement is common to this industry in parallel positions among similar organizations.  We provided evidence that the position of Systems Analyst or Computer Systems Analyst is a common position required by similarly sized IT consulting company.  Also, we provided evidence that Petitioner’s competitors normally require degrees in a specific specialty for closely related positions like that of Systems Analyst.  Moreover, our office asserted that the nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree in a specific specialty. Other documents pertaining to an in-house project was also submitted.

Our office filed a detailed Response to RFE brief with many exhibits to the USCIS Vermont Service Center on October 17, 2014.  Eventually, our client’s H-1B application was approved on November 10, 2014. Now, the beneficiary can apply for an H-1B visa at the U.S. Embassy in India, and upon the issuance of visa, he can work for the Petitioner.

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