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Post image for EB2 Green Card Approved for Nepali Senior Software Developer – Web Applications in Omaha Nebraska

CASE: I-485 Adjustment of Status Based on Approved I-140 (EB-2)
EMPLOYER: Sales Leads Provider in Omaha Nebraska
BENEFICIARY: Nepali Senior Software Developer – Web Application

 

Our client is from Nepal, who is currently working in the United States as a Senior Software Developer under F-1 (OPT) status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Master of Management Information Systems degree in the United States. After talking to our client, our firm concluded that his employer can petition him as a Senior Software Developer – Web Application. Based on our client’s educational, professional and work background, our office determined that he 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 September 29, 2015, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on December 11, 2015.  On March 9, 2016, we promptly filed PERM.  Eventually, on June 23, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali beneficiary.

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 July 26, 2016 via premium processing service. Eventually, on August 8, 2016, the I-140 EB2 Petition for our Nepalese client was approved without any Request for Evidence (RFE).

When we filed his I-140, our office concurrently filed an I-485 adjustment of status application for his green card. However, on March 29, 2017, the USCIS issued Request for Evidence (RFE) and asked our client to submit the document to demonstrate his authorized employment. Our office filed Response to RFE immediately.  Eventually, on May 3, 2017, his I-485 adjustment of status application was approved by the USCIS. Now, our client is a green card holder.

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Post image for Green Card Approval After Successful Termination of Removal Proceedings for Nepalese Client in Houston Texas

CASE: I-485 Adjustment of Status / Motion to Terminate Removal Proceedings Based on an Approved I-130 Immediate Relative Spousal Petition

CLIENT: Nepalese

LOCATION: Houston, TX

Our client is a Nepalese citizen who came to the U.S. on an F-1 Student Visa.   Our client and his wife married in August 2013.  When they were married, our client’s wife was a green card holder. Our client’s wife filed an I-130 petition for our client in August 2013 and it was approved by the USCIS later. Our client filed his adjustment of status application along with the I-130 petition, but it was denied due to his failure to maintain status. After his I-485 adjustment of status application was denied, a Notice to Appear was issued against our client, and he was placed in removal proceeding.

His wife became a naturalized U.S. citizen in July 2015. Our client contacted our office and consulted with us for his potential relief. Based on the approved I-130 and his wife’s recent naturalization, we determined that we could file joint motion to terminate his proceedings. Our client retained our office on July 15, 2015.  

On July 27, 2015, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. However, we did not get any response from the Houston DHS office regarding their consent to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice in September 2015.  

After the multiple follow-ups, our office filed a Motion to Terminate Removal Proceedings with the I-485 application and supporting documents to the Houston Immigration Court on January 6, 2016. The DHS counsel in Houston did not oppose the Motion to Terminate Removal Proceedings. Ultimately, the Immigration Judge granted the Motion to Terminate Removal Proceedings without prejudice on January 27, 2016.

After his removal proceeding was terminated, our client retained us again for his I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on April 6, 2016. 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. On April 25, 2017, our client was interviewed at the Houston, Texas USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients. After the interview, his green card application was approved.

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EB-2 Green Card Approval for Nepali Dentist in Ohio

by JP Sarmiento on March 6, 2017

Post image for EB-2 Green Card Approval for Nepali Dentist in Ohio

CASE: I-485 Adjustment of Status based on Approved I-140 (EB-2)
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Nepali Dentist

 

Our client is from Nepal, who is currently working in the United States as an associate dentist under an F-1 (OPT) status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Surgery degree in the United States. After talking to our client, our firm concluded that her employer can petition her as an associate dentist. Based on our client’s education, professional and work background, 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 September 15, 2015, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 30, 2015.  On February 22, 2016, we promptly filed PERM.  Eventually, on June 14, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepalese beneficiary.

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 July 11, 2016 via premium processing service. Eventually, on July 21, 2016, the I-140 EB-2 Petition for our Nepalese client was approved without any Request for Evidence (RFE).

Our office filed his I-485 application along with his I-140 petition concurrently. However, on January 23, 2017, the USCIS Nebraska Service Center issued Request for Evidence (RFE) and requested our client to submit the updated employment letter. Our office filed the response to RFE on February 15, 2017. On March 3, 2017, the USCIS approved her I-485 application as well. Now, she is a green card holder.

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Post image for EB2 Green Card Approval for Nepali Senior Software Developer – Web Applications in Omaha Nebraska

CASE: I-485 Adjustment of Status Based on Approved I-140 (EB-2)
EMPLOYER: Sales Leads Provider in Omaha Nebraska
BENEFICIARY: Nepali Senior Software Developer – Web Application

 

Our client is from Nepal, who is currently working in the United States as a Senior Software Developer under F-1 (OPT) status. His current employer was willing to do an immigration petition for her, second-preference. Our client has a Master of Management Information Systems degree in the United States. After talking to our client, our firm concluded that his employer can petition him as a Senior Software Developer – Web Application. Based on our client’s educational, professional and working backgrounds, our office determined that he 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 September 16, 2015, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on December 10, 2015.  On March 8, 2016, we promptly filed PERM.  Eventually, on June 22, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali beneficiary.

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 July 26, 2016 via premium processing service. Eventually, on August 6, 2016, the I-140 EB2 Petition for our Nepalese client was approved without any Request for Evidence (RFE).

When we filed his I-140, our office concurrently filed an I-485 adjustment of status application for his green card. Eventually, on January 30, 2017, his I-485 adjustment of status application was approved by the USCIS without any RFE. Now, our client is a green card holder.

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Post image for EB3 Green Card Approval for Nepalese Systems Analyst in Minnesota

CASE: I-485 based on Approved I-140 (EB-3)

APPLICANT: Nepalese

LOCATION: Minnesota

Our client is a chemist from Nepal, who is currently working at an IT consulting company who was willing to petition him for a third-preference petition (I-140).  He has maintained his status as an H-1B visa holder in the United States.  He had an approved I-140 petition which was filed by his current employer and this I-140 petition’s priority date was December 22, 2014.

In June 2016, he contacted our office and retained us for his and his wife’s I-485 adjustment of status applications. Our office filed an I-485 adjustment of status application for our client and his wife on July 19, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

However, on September 30, 2016, the USCIS issued Request for Evidence for our client and his wife’s adjustment of status application. The USCIS requested our clients to submit more evidence to demonstrate their lawful maintenance in the United States after their last admission to the U.S.  Our office prepared and filed the Response to RFE to USCIS on December 13, 2016 along with documentary evidence that our clients provided.

Eventually, on January 12, 2017, the USCIS Nebraska Service Center approved our client’s and his wife’s adjustment of status applications. They are now green card holders.

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Post image for EB2 Green Card Approval for Nepali Computer Systems Analyst in Omaha Nebraska

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

APPLICANT: Nepali Computer Systems Analyst

LOCATION: Omaha, NE

Our client is a computer systems analyst from Nepal, who is currently working at a data marketing company in Omaha, Nebraska who was willing to do an immigration petition him for a second-preference petition (I-140 EB-2).  Our client has a Master of Science degree in Computer Science and has worked for this company since January 2013. 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 employer can petition him as a Computer Systems Analyst II. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for the EB-2 classification for his I-140 petition.

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. Once retained, our office filed the prevailing wage request in December 2014.  On May 26, 2015, we filed the PERM labor certification application.  Eventually, on November 19, 2015, less than 6 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 March 1, 2016 via premium processing service. Eventually, on March 11, 2016, the I-140 EB2 Petition for our Nepalese client was approved without any Request for Evidence (RFE).

Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client and his wife on April 4, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on October 13, 2016, the USCIS Nebraska Service Center approved our client and his wife’s adjustment of status application. Now, he finally is a green card holder.

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Post image for J-1 Waiver Through No Objection Statement for Nepalese Client in Michigan

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement

NATIONALITY: Nepalese

LOCATION: Michigan

Our Nepalese client came to the U.S. on an F-1 student visa and finished his Ph.D. program. Thereafter, he changed his status from F-1 to J-1 to work as a research scholar.  However, his J-1 visa made him subject to the two-year foreign resident requirement. In April 2015, he filed an I-140 EB-2 NIW Self-Petition to the USCIS and it was approved in August 2015. However, due to the two-year foreign residency requirement, he had to obtain a waiver first before he can file an adjustment of status application.

After he 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 knew 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 his valid Nepalese passport, the approved copy of I-140 notice, a copy of DS-2019, and a copy of Third Party Bar Code Page

On January 12, 2016, 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 an employment-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 March 7, 2016, 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 August 23, 2016.  Now that our client’s two-year foreign residency requirement is waived, he can file adjustment of status application with the approved I-140 petition.

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Post image for H-1B Approval for Dental Clinic Petitioner, Nepalese Dentist Beneficiary in Cleveland Ohio

CASE: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Nepalese Dentist in Cleveland, OH

Our client is a dental clinic located in Cleveland, Ohio.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained her Doctor of Dental Surgery in the United States. Moreover, she is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary is an associate dentist 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 31, 2016 via regular processing service. This H-1B petition was selected after the lottery.

However, the USCIS issued Request for Evidence (RFE) on June 8, 2016 and requested beneficiary’s pay stubs during her OPT employment. Moreover, the USCIS asked Beneficiary to submit evidence to show whether she has maintained her non-immigrant status lawfully in the United States. Our office gathered the evidence from Beneficiary and submitted the Response to RFE to USCIS on June 22, 2016. Eventually, our client’s H-1B application was approved on August 24, 2016.

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Post image for I-140 EB2 Approval for Nepali Dentist Beneficiary and Dental Group Petitioner in Cleveland Ohio

CASE: I-140 (EB-2)
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Nepali Dentist

 

Our client is from Nepal, who is currently working in the United States as an associate dentist under an F-1 (OPT) status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Surgery degree in the United States. After talking to our client, our firm concluded that his employer can petition her as an associate dentist. Based on our client’s educational, professional and working backgrounds, our office determined that he 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 September 15, 2015, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on November 30, 2015.  On February 22, 2016, we filed PERM.  Eventually, on June 14, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali beneficiary.

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 July 11, 2016 via premium processing service. Eventually, on July 21, 2016, the I-140 EB-2 Petition for our Nepalese client was approved without any Request for Evidence (RFE). When we filed her I-140, our office concurrently filed an I-485 adjustment of status application as well for her green card. Her green card will be approved once her priority dates are current.

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Post image for I-140 Approval for Nepali Senior Software Developer – Web Application and Sales Leads Provider Petitioner in Omaha Nebraska

CASE: PERM Labor Certification    
EMPLOYER: Sales Leads Provider in Omaha Nebraska
BENEFICIARY: Nepali Senior Software Developer – Web Application

 

Our client is from Nepal, who is currently working in the United States as a Senior Software Developer under an F-1 (OPT) status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Master of Management Information Systems degree in the United States. After talking to our client, our firm concluded that his employer can petition him as a Senior Software Developer – Web Application. Based on our client’s education, professional and work background, our office determined that he 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 September 29, 2015, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on December 11, 2015.  On March 9, 2016, we promptly filed PERM.  Eventually, on June 23, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali beneficiary.

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 July 26, 2016 via premium processing service. Eventually, on August 8, 2016, the I-140 EB2 Petition for our Nepalese client was approved without any Request for Evidence (RFE). When we filed his I-140, our office concurrently filed an I-485 adjustment of status application for his green card. His green card will be approved once his priority dates are current.

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