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Adjustment of Status Approval for Vietnamese Market Research Analyst in San Diego California

by JP Sarmiento on May 31, 2012

CASE: EB-2 I-140 / I-485
PETITIONER: International Trading Company

Our Vietnamese client from San Diego contacted our office in December 2011. She had an approved PERM Labor Certification and she would like to retain us for her I-140/I-485 application. Her current employer is located in San Diego and they wish to file an I-140 petition for her as a market research analyst. Our client had questions regarding possible issues they may face, the employer’s “ability to pay” issue in particular.

Once retained, our office prepared her I-140 petition and I-485 adjustment of status application. One of the main requirements for the I-140 is that the petitioning company must show that it has the ability to pay the proffered wage for the beneficiary’s position. Despite the negative taxable income, we provided all schedules of Petitioner’s tax return and argued that their net current assets were over and above the proffered wage. We provided the calculation on the cover letter, cited a CIS internal memo on the “ability to pay” issue, and attached the tax return schedule that showed the net current assets. We also prepared our client’s I-485 application and explained that the priority date for EB-2 Vietnam (“Other Countries”) is current.

Our office simultaneously filed the I-140 / I-485 applications on January 26, 2012 and on April 19, 2012, the I-140 petition for our client was approved with no Requests for Evidence.  Once the I-140 petition was approved, her I-485 adjustment of status application was subsequently approved by the USCIS on May 24, 2012.  While we were waiting for I-485 approval, our client informed us that he needed to travel abroad.  Thus, we filed an I-131 advance parole application on February 10, 2012.  The I-131 advance parole document was also approved by the USCIS Nebraska Service Center on May 24, 2012 as well.


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