CASE: I-485 (Based on EB-2 I-140 Approval)

 CLIENT: Nepali Computer Systems Analyst

 LOCATION: Omaha, Nebraska

Our client is a computer systems analyst from Nepal, who is currently working for a software distributing company in Omaha, Nebraska. The company was willing to do an immigration petition for him, second-preference. Our client has a Master of Science degree in Computer Information Systems and has worked for this company since October 2011. He has maintained his status as an H-1B visa holder in the United States.

After talking to our client, our firm concluded that his potential employer can petition him as a Computer Systems Analyst. Based on our client’s educational and professional background as an engineer and management analyst, our office determined that he is eligible for EB-2 classification.

Prior to filing the PERM labor certification, 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 Labor Certification 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.  On December 17, 2012, we filed the PERM labor certification application.  Eventually, on April 17, 2013, exactly four months from filing, the PERM labor certification was approved – an EB2 position for a Nepali Computer Systems Analyst.

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 May 9, 2013 via premium processing.  Within a week of the filing, on May 16, 2013, the I-140 EB2 Petition was approved.

After the I-140 was approved, our client retained our office again for his I-485 adjustment of status application. On June 3, 2013, 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. Eventually, on August 16, 2013, only about two months later, the USCIS Nebraska Service Center approved our client’s I-485 application.  Our client now is a green card holder.

{ 0 comments }

CASE: I-140 Premium Processing

 EMPLOYER: Software Distributor

 BENEFICIARY: Nepali Computer Systems Analyst

 LOCATION: Omaha, Nebraska

Our client is a computer systems analyst from Nepal, who is currently working at a software distributing company in Omaha, Nebraska. The company was willing to do an immigration petition for him, second-preference. Our client has a Master of Science degree in Computer Information Systems and has worked for this company since October 2011. He has maintained his status as an H-1B visa holder in the United States.

After talking to our client, our firm concluded that his potential employer can petition him as a Computer Systems Analyst. Based on our client’s educational, professional and working background as an engineer and management analyst, our office determined that he is clearly eligible for the EB-2 classification.

Prior to filing PERM labor certification, 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 Labor Certification 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.  On December 17, 2012, we filed the PERM labor certification application.  Eventually, on April 17, 2013, exactly four months from filing, the PERM labor certification was approved – an EB2 position for the Nepali Computer Systems Analyst.

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 May 9, 2013 via premium processing service.  Within a week of the filing, on May 16, 2013, the I-140 EB2 Petition for our Nepali client was approved.  He can now file an I-485 adjustment of status application for his green card (he could’ve filed the I-485 simultaneously, but he wanted to make sure the I-140 was approved first before he pays the $1070 filing fee).

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other I-140 EB2 success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

{ 0 comments }

CASE: PERM Labor Certification

EMPLOYER: Software Distributor

BENEFICIARY: Nepali Computer Systems Analyst

LOCATION: Omaha, NE

Our client is a computer systems analyst from Nepal, who is currently working at a software distributing company in Omaha, Nebraska. The company was willing to do an immigration petition for him, second-preference.

Our client has a Master of Science degree in Computer Information Systems and has worked for this company since October 2011. He has maintained his status as an H-1B visa holder in the United States.

After talking to our client, our firm concluded that his potential employer can petition him as a Computer Systems Analyst. Based on our client’s educational, professional and working background as an engineer and management analyst, our office determined that he is clearly eligible for the EB-2 classification.

Prior to filing PERM labor certification, 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 Labor Certification 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.  On December 17, 2012, we filed the PERM labor certification application.  Eventually, on April 17, 2013, exactly four months from filing, the PERM labor certification was approved – an EB2 position for the Nepali Computer Systems Analyst. Now our client can file the I-140 Petition and the I-485 green card application since his priority date is current.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other PERM Labor Certification success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

{ 0 comments }

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement
NATIONALITY: Nepalese
LOCATION: Maryland
FILED: August 24, 2012
APPROVED: October 15, 2012

Our Nepalese client came to the U.S. on a J-1 Visa in August 2006. She came to the U.S. for hospitality training, and her J-1 visa made her subject to the two-year foreign resident requirement.

Upon the completion of her program in 2007, she went back to Nepal and came back to the United States with a Q-1 visa. She did not fully fulfill her 2 year foreign residency requirement in Nepal.

In May 2009, our client married his U.S. Citizen husband and she wanted to apply for permanent residency. Her husband filed an I-130 petition, and this was approved by the USCIS in February 2011. However, due to the two-year foreign residency requirement, she had to obtain a waiver first before she file the adjustment of status application. Either that or she has to go back to Nepal and finish her two-year requirement..

After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Nepalese Embassy in the United States. Our office contacted the Nepalese Embassy in Washington D.C. to make sure we had all the requirements needed for their office to issue a no objection statement. The Embassy requested numerous documents including a statement of reason for the waiver, the applicant’s resume, a copy of her valid Indonesian passport, the approved copy of I-130 notice, a copy of DS-2019, and a copy of Third Party Bar Code Page

On August 24, 2012 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State. We also sent a request to the Nepalese Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a marriage based adjustment of status application but for the waiver.

The Nepalese Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. On September 24, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on October 15, 2012. Now that our client’s two-year foreign residency requirement is waived, she can file her green card / adjustment of status application with the approved I-130 petition.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other J-1 Waiver success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

{ 0 comments }

CASE: Motion to Remand / I-130 Approval
CLIENT: Nepalese
LOCATION: Baltimore, MD

Our client came to the United States with a valid B-2 visa from Nepal in January 1998. He remained in the United States for a time longer than permitted. In November 2009, he was placed in deportation proceedings due to his overstay and a Notice to Appear was issued. His asylum application was denied by the Immigration Judge, but an appeal was timely filed.

While the BIA appeal was pending, our client’s daughter became a naturalized U.S. Citizen in January 2012. Our office immediately filed an I-130 petition for our client on February 6, 2012. After we received the I-130 receipt notice, we prepared and filed a Motion to Remand for Adjustment of Status Based on a Pending I-130 on behalf our client. You typically want the I-130 to be approved prior to filing the Motion to Remand, but by submitting the actual I-130 application itself and its supporting documents attached to the Motion, you can show that it is approvable.

In Matter of Coelho, 20 I&N Dec. 464, 473 (BIA 1992), the BIA found that a motion to remand must conform to the same standards as a motion to reopen, where the respondent presents new evidence which would likely change the result of the case. In a Motion to Reopen before the BIA, the Applicant must show that the evidence is material, unavailable at time of original hearing, and could not have been discovered or presented at the original hearing. 8 C.F.R. § 1003.2(c)(1). In this case, the adjustment of status relief was not available for our client at his previous hearing since his daughter has not become a naturalized U.S. citizen yet.

Our office filed a Motion to Remand for Adjustment of Status based on a pending I-130 to the BIA on February 24, 2012. We argued that our client will be eligible for adjustment of status once the I-130 is approved since he had a legal entry to the U.S., has no criminal records, and has no other grounds of inadmissibility. Eventually, on July 10, 2012, the BIA granted our motion, reopened our client’s case, and the record was remanded for further proceedings.

While we were waiting for adjudication of the I-130 petition, the USCIS issued a Request for Evidence (RFE) regarding the paternal relationship of our client. Apparently, the birth certificate submitted from Nepal was not enough. So we scheduled a DNA test for our client and this resulted to a 99.99% likelihood of paternity. On September 14, 2012, the USCIS approved the I-130 petition for our client. Now, he can apply for the adjustment of status before Immigration Judge or USCIS upon termination of his proceedings.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other Motion to Reopen / Remand Cases, please click here.

For other I-130 Parent Petition Success Stories, please click here.

Also feel free to contact our office anytime for free consultations.

{ 0 comments }

CASE: H-1B Visa Petition – Response to Request for Evidence
PETITIONER: Software Distributor
BENEFICIARY: Nepali
LOCATION: Omaha, Nebraska
ISSUE: Specialty Occupation / Degree Issues

Our client is a nationwide stocking wholesaler of voice, data, and outside plant products in Nebraska. The beneficiary is from Nepal who obtained a Master’s degree in the United States and worked for his previous employer under an H-1B.  The Petitioner-Employer filed an H-1B application (Change of employer) on behalf of our client on November 2.  However, on December 1, 2011, the USCIS issued a 5-page 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.”

The USCIS was skeptical and argued that the proffered “Web Developer” position in Petitioner’s business did not qualify as a “Specialty Occupation”. The main issue for the client’s H-1B application was whether the “Web/Software Developer” position for the Petitioner required a bachelor’s degree or its equivalent to make this position a “specialty occupation.”

After Petitioner-Employer received the Request for Evidence (RFE) from the USCIS, our client consulted with our firm and eventually retained us to prepare the response. We gathered supporting documents from both the Petitioner and Beneficiary and did research on their industry, focusing on similarly sized businesses, to demonstrate that a bachelor’s degree is commonly required for this position.

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 Web/Software Developer is a common position required by similarly sized software developer or distributor companies with similar annual incomes. We provided evidence that Petitioner’s competitors normally require degrees in a specific specialty for closely related positions like that of Web/Software developers.  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.

Our office filed a 9-page Response to RFE brief with 13 exhibits to the USCIS California Service Center on December 28, 2011.  On January 11, 2011 our client’s H-1B petition was approved.  Now our client can work for the petitioner on an H-1B status for the next 3 years.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other H-1B success stories, please click here.

For other success stories, please click here.

Also feel free to call our office anytime for free consultations.

{ 0 comments }

CASE: H-1B Visa Petition – Response to Request for Evidence
PETITIONER: Indian Restaurant
BENEFICIARY: Nepali
LOCATION: Ohio
ISSUE: Specialty Occupation / Degree Issues

Our client is a large Indian restaurant in Ohio. The beneficiary is from Nepal who obtained a Master’s degree in the United States and worked for his employer under the OPT program.  The Petitioner-Employer filed an H-1B application on behalf of our client on July 10, 2011 by themselves.  However, the USCIS mailed a 5-page 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.” The USCIS requested the Petitioner to submit more evidence regarding whether similar businesses in the same industry require a degree or its equivalent for the proffered position.

The USCIS was skeptical and argued that the proffered “Operations Manager” position in Petitioner’s business did not qualify as a “Specialty Occupation”. They mentioned that the law clearly states that an H-1B classification may be granted to an alien who will perform services in a specialty occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent as a minimum requirement for entry into the occupation in the United States, and who is qualified to perform services in the specialty occupation because she has attained a baccalaureate or higher degree or its equivalent in the specialty occupation.

The main issue for the client’s H-1B application was whether the “Operations Manager” position for this Indian Restaurant Petitioner required a bachelor’s degree or an equivalent to make this position a “specialty occupation.” Once Petitioner-Employer received the Request for Evidence (RFE) from the USCIS, our client retained us to prepare the response. We gathered supporting documents from both the Petitioner and Beneficiary and did research on the restaurant industry, focusing on similarly sized businesses, to demonstrate that a bachelor’s degree is commonly required for this position.

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 Operations Manager is a common position required by similarly sized restaurants with similar annual incomes.  Also, we provided evidence that Petitioner’s competitors normally require degrees in a specific specialty for closely related positions like that of Operations Managers.  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.

Our office filed a 9-page Response to RFE brief with 18 exhibits to the USCIS California Service Center on November 16, 2011.  Our client’s H-1B application was approved 12 days later on November 28, 2011.  Now our client can work for the Indian Restaurant employer on an H-1B status and he can work there for next three years, renewable for another 3.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other H-1B success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

{ 0 comments }