CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Indian
LOCATION: Ohio

Our client contacted us in April 2013 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 July 2010. He retained our office on April 25, 2013.

The N-400 application was filed on May 1, 2013 with all supporting documents. Glen Yu from our office prepared him for his naturalization interview, and also accompanied him on July 16, 2013 at the Cleveland CIS office. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on August 19, 2013. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: H-1B Visa Petition (Change of Employer)
PETITIONER:  Hotel-Chain Company
BENEFICIARY: Hotel General Manager

Our client is the fastest-growing extended hotel stay chain company in Ohio. They contacted our office in early April to seek legal assistance from our office for their foreign employee.  The beneficiary is from Pakistan and has extensive work history in the United States as a General Manager in one of the leading brand hotels for 15 years.

The issue was whether this position is a “specialty occupation”. We had to argue that the minimum requirement for this position is at least a Bachelor’s Degree in Business Administration / Hotel Management or equivalent.

The foreign beneficiary in this case already had his H-1B visa from his previous employer in a similar industry.  However, his H-1B visa was not expired yet, and he wanted to extend his H-1B status based on a change in employer.

After retention, our office filed the H-1B visa petition with various supporting documents on April 15, 2013 via regular processing.  Since this petition was based on a change in employer, this petition was exempted from the annual H-1B cap.

Eventually, without any request for evidence (RFE), our client’s H-1B Petition was approved on August 15, 2013.  Moreover, Beneficiary’s wife and minor son’s H-4 status was properly changed as well.

Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there until 2016.

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CASE: Adjustment of Status (I-485) / I-360 Approval
CLIENT: Kenyan
LOCATION: Ohio

Our Kenyan client came to the U.S. on a J-1 Visa in 2004. She overstayed and was placed in removal proceedings two years ago, and she retained our office.

When she came in 2004, her visa made her subject to the 2-year foreign residency requirement. As our previous success story explained, this client received an I-612 J-1 waiver approval from the USCIS in January 2012 with our assistance.

Our office then filed her I-360 petition as a spouse of an abusive U.S. Citizen. Our client experienced domestic violence and spousal abuse while she was married to her ex-husband. Thus, we prepared and filed her I-360 petition, which included 26 exhibits and a detailed brief to the USCIS Vermont Service Center on May 5, 2011.

This petition was also reviewed by the Immigration Judge during our client’s Master Calendar hearing and the IJ opined that our client’s I-360 petition is prima facie approvable. Nevertheless, our client’s I-360 petition was pending for a while.

Despite our client’s thoroughly prepared I-360 application, in August 2012, the USCIS Vermont Service Center issued a Request for Evidence (RFE). Specifically, the RFE letter requested our client to submit more medical documents to prove her ex-husband subjected her to extreme cruelty. Moreover, the RFE letter asked our client to submit more notarized affidavits from witnesses. Our client and our office thoroughly gathered the requested documents, and filed a response to RFE on November 7, 2012 with 13 exhibits.

Finally, on February 22, 2013, the USCIS Vermont Service Center approved our client’s I-360 petition. With the approved I-360 and I-612 J-1 waiver, our office filed a Request to Join in a Motion to Terminate proceedings to the USICE-DHS Cleveland Office with an attached I-485 application and its supporting documents on April 2, 2013.

On April 6, 2013, the assistant chief counsel of the DHS agreed with us and signed a joint motion to terminate.

On April 9, 2013, our client appeared at the Cleveland Immigration Court for her master calendar hearing.  The Immigration Judge granted the Joint Motion to Terminate and eventually terminated our client’s case without prejudice on the same day.

After removal proceedings were terminated, the USCIS scheduled an I-485 adjustment of status interview for our client. Prior to the interview, we thoroughly prepared our client at our office as well.  On July 12, 2013, our client was interviewed at the Cleveland USCIS office. Attorney Sune Hee Yu from our office accompanied her.

On July 18, 2013, her green card application was approved.

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CASE: Marriage Based Adjustment of Status
CLIENT: Mali
LOCATION: Cleveland Ohio

Our client came to the United States with a valid B-2 visitor’s visa in August 2009 from Mali.  Since then, he has remained in the United States after his authorized stay expired.

He married a U.S. Citizen in March 2012 and retained our office on November 28, 2012 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 25, 2013.  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 May 23, 2013, our client was interviewed at the Cleveland, Ohio USCIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied them as well. On July 11, 2013 his green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Filipina
LOCATION: Ohio

Our client contacted us in early April 2013 to seek legal representation for her naturalization and citizenship N-400 application.

She came to the United States from the Philippines and obtained her green card in 1999. She retained our office for her naturalization and citizenship N-400 application on April 25, 2013.

The N-400 application was filed on April 29, 2013 with all supporting documents. Our office prepared her before her naturalization interview, and also accompanied her on July 11, 2013 at the Cleveland CIS office. Our client answered all questions correctly and passed her naturalization and citizenship N-400 interview. Eventually, her naturalization application was approved on the same day. Her oath taking will be scheduled in which she will become a naturalized U.S. Citizen.

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CASE: I-485 Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Chinese
LOCATION: Cincinnati, Ohio (USCIS) / Cleveland, Ohio (EOIR)

Our client is a Chinese citizen who came to the U.S. on a B-2 Visitor’s Visa in December 2005. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings, which was initiated at the Los Angeles Immigration Court in California.

Our client married his second husband in December 2011 in Ohio. She initially contacted our office for a Change of Venue to Cleveland.  She retained our office on January 12, 2012. We then filed a Motion for Change of Venue from Los Angeles to Cleveland on behalf of our client. The Immigration Judge granted the Motion and her case was transferred to the Cleveland Immigration Court.

Our office then prepared and filed an I-130 Petition with a lot of bona fide marriage evidence on January 26, 2012. The petition also included a bona fide marriage exemption letter.

While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on January 25, 2012 for her initial master calendar hearing. Attorney Sung Hee (Glen) Yu from our office represented her at the hearing, did pleadings and sought adjustment of status relief upon approval of the I-130 petition.

Our client’s I-130 interview was scheduled on October 29, 2012 at the Cincinnati USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his husband for the interview. Attorney Yu also accompanied them at their interview. The interview lasted one hour, our clients were separated, but the I-130 petition was eventually approved on December 8, 2012.

After the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on February 12, 2013.

After her case was terminated, our office prepared and filed the I-485 Adjustment of Status Application on March 13, 2013, together with other necessary forms and supporting documents. 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 21, 2013, our client was interviewed at the Cincinnati CIS office. Our attorney accompanied them as well. Our client was fully prepared and the interview went well.  On July 10, 2013, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Korean
LOCATION: Cleveland, OH

Our client came to the United States from South Korea to study piano performance on an F-1 student visa. Later on, she fell in love with and married a U.S. Citizen in January 2013. They retained our office on March 15, 2013 for her adjustment of status application.

Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on April 22, 2013.  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 through conference calls. On July 8, 2013, our client was interviewed at the Cleveland Ohio USCIS office.  Attorney JP Sarmiento from our office accompanied them as well. On the same day, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Russian
LOCATION: Cleveland, OH

Our client came to the United States from Russia on a valid J-1 visa to participate in an exchange program in June 2008.  Since then, she has remained in the United States even after her authorized stay expired.

She married a U.S. Citizen in April 2013 and retained our office on April 9, 2013 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 22, 2013.  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 through conference calls.

On July 8, 2013, our client was interviewed at the Cleveland, OH USCIS.

Attorney JP Sarmiento from our office accompanied them as well. On the same day, her green card application was approved.

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CASE: Change of Status from H-1B to F-1

CLIENT: Indian

LOCATION: Erie, PA

Our client has been on H-1B status for many years and has worked for Multi-national companies in the United States.

Last year, she decided to pursue her graduate studies program (MBA) in the United States and got admission.

She contacted our office in early March of this year to change of her status from H-1B to F-1.

On March 11, 2013 our firm was retained and we helped our client obtain supporting documents for the Change of Status. On March 19, 2013, we filed the I-539 Change of Status for our client with supporting documents including her I-20, SEVIS fee receipt, and her recent pay stubs from her employer.

On June 19, 2013 the Change of Status was approved. Our client is now on F-1 and can start her MBA program soon.

FREE CONSULTATIONS

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For other success stories, please click here.

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

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CASE: H-1B Visa Petition
PETITIONER: Healthcare staffing firm
BENEFICIARY: Pharmacist
ISSUES: Cap-Exempt, Research Organization, Off-Site Employment

Our client is one of the leading healthcare staffing firms in Northeast Ohio, serving the general staffing needs of regional hospitals and clinics. They contacted our office in early April to seek legal assistance from our office for their foreign employee.

The beneficiary is a licensed pharmacist who obtained his Doctor of Pharmacy degree in the United States. The proffered position for the Beneficiary is a Pharmacist. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Doctor of Pharmacy Degree with a registered Pharmacist license.

When our client contacted us, the numerical cap for H-1B visas for fiscal year 2014 was about to be reached. We could not process this case under the regular cap time frame given the short amount of time we had to prepare for the application. Our client was very disappointed and thought they would have to wait until April 1, 2014. Also, since the Petitioner is a staffing firm, their foreign employee will be placed at different hospitals (off-site employment issue). At that point our client thought it was impossible to file.

We told our client that we can argue that they are qualified for some of the exemption provisions of the H-1B cap. We explained that we can argue the nonprofit exemption, as well as cite some CIS memorandums regarding their eligibility despite off-site employment.

We showed that the main reason for cap-exemption is that the foreign employee will be placed at two hospitals which are non-profit research organizations as defined in 8 C.F.R. 214.2(h)(19)(iii)(C).

Our office argued that this H-1B petition is exempted from the H-1B numerical limitations (cap-exempt) because the Petitioner will employ the beneficiary to perform job duties at non-profit research organizations (two hospitals) as defined in 8 C.F.R. 214(h)(19)(iii)(C) that directly and predominately furthers the normal, primary, or essential purpose, mission, objectives, or function of the qualifying institution (nonprofit research).

We also argued that these two hospitals are clearly qualified as non-profit research organizations as defined in 8 C.F.R. 214(h)(19)(iii)(C). These two organizations are primarily engaged in basic research and/or applied research. Moreover, the beneficiary’s job duties, which will be performed on-site at qualifying non-profit research organizations, will be similar to those performed by actual employees (Pharmacists) of the two hospitals in the furtherance of the qualifying entities’ mission.

Furthermore, we explained that the Petitioner will comply with the statutory and regulatory requirements of the H-1B non-immigrant classification for the placement of the beneficiary at the two hospitals during the period of employment.  We mentioned that the beneficiary will be paid higher than the prevailing wage for the pharmacist position by the Petitioner, and Petitioner-Employer will maintain an employer-employee relationship with the beneficiary. The Petitioner has the right to control the work of the beneficiary on a day-to-day basis as well. We explained that the Petitioner has a sole right to hire, pay, and has the ability to fire the beneficiary as well.

Once retained, our office filed the H-1B visa petition with various supporting documents on April 19, 2013 via premium processing.

However, the USCIS California Service Center issued a Request for Evidence (RFE) on May 2, 2013 and requested Petitioner to demonstrate that the prospective places of employment for Beneficiary are truly non-profit organizations under the interpretation of the immigration laws for cap-exempt organizations. After we received the RFE request, our office prepared the response and argued that the prospective places of employment for Beneficiary are non-profit medical research organization and Beneficiary’s work will be similar to Pharmacists of those hospitals.  We submitted the name, address, and contact information of supervisors of each Pharmacy where Beneficiary will be placed.  We filed this Response to the RFE on June 14, 2013.

After our Response to RFE was received by the USCIS, our client’s H-1B application was approved on June 21, 2013.  She can now work for her employer for three years on an H-1B starting June 21, 2013.

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.

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