CASE: H-1B Change of Employer

PETITIONER: Waste Management Company

BENEFICIARY: Indian Chief Financial Officer

LOCATION: St. Louis, MO

Our client is a wastewater treatment and management company in St. Louis, MO area. They contacted our office in early September 2017 to seek a legal assistance from our office for their foreign employee. The beneficiary is from India and she obtained her Master’s degree in Business Administration. The proffered position for the Beneficiary is a Chief Financial Officer which qualifies as a specialty occupation. This proffered position is clearly a “specialty occupation” because the minimum requirements for this position are a Master’s Degree in Business Administration or its equivalent.  

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

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on September 27, 2017. Since this petition was based on the change of employer, this petition was exempted from the annual cap of the H-1B.  Thus, we could file prior to the 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 April 24, 2018. Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can work there for next three years.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: Cleveland, OH

Our client contacted us in November 2017 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 May 2003.

After retention, his N-400 application was filed on November 22, 2017 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On February 22, 2018, 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 February 23, 2018. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: PERM Labor Certification / Audit Response

EMPLOYER: Wastewater Management Company

BENEFICIARY: Indian Chief Financial Officer

LOCATION: Missouri

Our client’s current employer was willing to petition her for a second-preference petition (I-140).  Our client has a Master’s degree in Business Administration (MBA) in the United States and work experience. Based on our client’s educational, professional and work background, our office determined that she is clearly eligible for EB-2 classification for her I-140 petition.  Our client eventually retained us in August 2016.

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 January 10, 2017.  On May 3, 2017, we promptly filed PERM.

However, on July 28, 2017, the Department of Labor issued a request for 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 August 8, 2017.  

Eventually, on January 9, 2018, the PERM Labor Certification was approved – an EB2 position for the Indian beneficiary. Now, our client can file the I-140.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                      

LOCATION: Cleveland, OH

Our client is from India who came to the U.S. on a B-2 visitor’s visa. In April 2016, our client married his current U.S. citizen wife.  He retained our office in February 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 8, 2017.  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 at our office. On June 23, 2017, our client was interviewed at the Cleveland Ohio USCIS office.  Attorney Sung Hee (Glen) Yu also accompanied our clients. In July 2017, the USCIS issued a Request for Evidence and requested our client to submit certified court records for his dismissed criminal case. Our client submitted the certified court disposition to the USCIS Cleveland Field Office on September 28, 2017. Eventually, on December 22, 2017, his green card application was approved.

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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 November 2017 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 3 year extension since he has an approved I-140 petition for him. Our office helped his previous H-1B extension and his H-1B extension was granted in December 2014.

After retention, our office filed the H-1B visa petition with various supporting documents on December 5, 2017 via premium processing. Eventually, without any RFE, our client’s H-1B extension was approved on December 13, 2017. Now the Beneficiary can continue for the Petitioner on an H-1B status until December 2020.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                        

LOCATION: Tennessee

Our client is from India who last entered the U.S. on an H-1B visa. In December 2016, our client married his U.S. citizen wife.  He retained our office in January 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 14, 2017.  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 October 14, 2017, our client was interviewed at the Memphis, TN USCIS Field office. Eventually, on October 20, 2017, his green card application was approved.

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CASE: Consular Processing (Immigrant Visa)

CLIENT: US Citizen Petitioner Son; Indian Beneficiary Mother in India

LOCATION: South Carolina; Beneficiary: India

IV APPROVED: August 31, 2017

Our client retained us to bring his mother over from India. He was born and raised in India, but was naturalized in the United States. Once retained, our office prepared and filed the I-130 petition for his mother on February 25, 2016. This I-130 Petition was approved by the USCIS in July 2016. Once the I-130 petition was approved, we then started the immigrant visa processing phase of trying to get his mother over to the United States.

On February 10, 2017, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate General in Mumbai, India. An interview notice was set for our client’s mother at the U.S. Consulate General in Mumbai, and we prepared her for her interview.  She did her interview on August 31, 2017. Eventually, after the interview, the U.S. Consulate General Mumbai, India approved and issued her immigrant visa.

With the approved immigrant visa, our client’s mother can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                        

LOCATION: Philadelphia, PA

Our client is from India who came to the U.S. on an F-1 student visa to pursue his undergraduate degree. In January 2017, our client married his current U.S. citizen wife.  He retained our office in February 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 13, 2017. 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 July 19, 2017, our client was interviewed at the Philadelphia Pennsylvania USCIS office. Eventually, on July 21, 2017, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                        

LOCATION: South Carolina

Our client is from India who came to the U.S. on an F-1 student visa. In December 2016, our client married his current U.S. citizen wife.  He retained our office in February 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 27, 2017. 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 via conference call as well. On June 20, 2017, our client was interviewed at the Greer, South Carolina USCIS office. Eventually, on June 23, 2017, his green card application was approved.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Indian
LOCATION: India

Our client is a citizen of India who came to the U.S. on a J-2 Visa in September 2012.  She came with her husband who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement.

Unfortunately, while they are residing in the United States, her marriage did not work out well. Eventually, she got divorced from her ex-husband in December 2016. Our client had an approved I-140 petition for her, but could not file adjustment of status application or immigrant visa petition unless she fulfills two year foreign residency requirement or obtains a waiver.

In March of this year, our client contacted our office. She retained our firm to do her J-2 waiver. On April 3, 2017, the J-2 Waiver (DS-3035) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.  Eventually, on April 24, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on May 26, 2017.

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