CASE: PERM Labor Certification

EMPLOYER: Online Advertising Company

BENEFICIARY: Pakistani E-Commerce Management Analyst

LOCATION: Brooklyn, NY

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 business administration and has worked for her current employer under an H-1B status. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  

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 October 5, 2018, we promptly filed PERM.

However, on January 8, 2019, 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 January 23, 2019.  

Eventually, on May 10, 2019, the PERM Labor Certification was approved – an EB3 position for the Pakistani beneficiary. Since her priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                       

LOCATION: Cleveland, OH

Our Indian client came to the U.S. on an H-1B visa. In September 2018, our client married his current U.S. citizen wife.  He retained our office for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 18, 2018. 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 April 5, 2019, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. On the same day, April 5, 2019, his green card application was approved.

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CASE: I-751

APPLICANT: Indian

LOCATION: North Carolina

Our client contacted our office in September of 2017 regarding his I-751 application.

He is from India and he married a U.S. citizen in September 2015. Through his marriage, he obtained a 2-year conditional green card in January of 2016.  His conditional residency terminated in January 2018.

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 again on October 2, 2017, and our office prepared an I-751 application for our client with other supplemental exhibits.

On October 16, 2017, 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. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on February 7, 2019, 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: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Indian

LOCATION: Dallas, TX

Our client came to the United States from India on an F-1 student visa. He married his U.S. Citizen same-sex spouse in May 2017.

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law.

They married in Delaware where the same-sex marriage is recognized. Our client contacted our office and retained us on June 12, 2017 for his I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on July 21, 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 January 31, 2019, our client was interviewed at the Irving, Texas USCIS office. The interview went well and his green card application was approved on the same day.

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CASE: Fiancé Visa

PETITIONER: US Citizen in New York, NY

BENEFICIARY: Indian

PETITION FILED: July 13, 2017

PETITION APPROVED: March 12, 2018

K-1 VISA APPROVED: October 24, 2018

Our client, a US Citizen Petitioner, met his fiancée in 2009. They started their relationship, and lived together in the U.S. for 5 years.  Later, our client’s fiancée went back to India to take a sabbatical year from her work. They got engaged and our client decided to file a fiancé petition for his fiancée.  He retained our firm to file a fiancé petition for her on June 23, 2017.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on July 13, 2017.

On March 12, 2018, the I-129F fiancé petition was approved. On October 24, 2018, our client’s fiancée appeared at the U.S. Consulate General in Mumbai, India for her K-1 visa interview. The interview went well, and after the interview, the U.S. Embassy issued her K-1 visa.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: India                                                                                                        

LOCATION: Cleveland, OH

Our client is from India who came to the U.S. on an H-1B visa. In August 2017, our client married his current U.S. citizen wife.  He retained our office on February 13, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 23, 2018. 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 October 11, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office accompanied our clients at their interview as well.  Eventually, on October 12, 2018, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: India                                                                                                       

LOCATION: Chatsworth, CA

Our client is from India who came to the U.S. on an F-1 student visa to pursue his graduate studies. In March 2018, our client married his current U.S. citizen wife.  He retained our office on March 28, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 17, 2018. 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 September 17, 2018, our client was interviewed at the Chatsworth California USCIS office. Eventually, on the same day of the interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from India who came to the U.S. on a B-2 visitor’s visa in January 2018. In February 2018, our client married her current U.S. citizen husband.  After she married, 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 April 30, 2018.  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 as well. On July 18, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on August 10, 2018, her green card application was approved.

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CASE: H-1B Visa Petition

PETITIONER:  Functional Food Company in Dallas Texas

BENEFICIARY: Indian Industrial Engineer

Our client is a global healthy functional food company in Dallas, TX. They contacted our office in later February of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained her Master of Science in Industrial Engineering in the United States. The proffered position for the Beneficiary is an Industrial Engineer 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 30, 2018 via regular processing service. This H-1B petition was selected after the lottery. Our client’s H-1B application was approved on June 21, 2018 without any Request for Evidence (RFE).

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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.

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