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I-140 Petition for Immigrant Worker

An Indian Medical and research scientist/professor came to our office several years ago for labor certification green card application. Although we got his labor certification and I-140 approved longtime ago, due to the quota issues for the Indian nationals and also due to the fact that client was going through different employers due to various company mergers and restructure client could not have his and his family members' I-485 filed early enough and once they were filed they could not get adjudicated again because of the quota. And the whole family was sitting on fire because one of their children was in desperate need of the green card so he could go to his medical school. After a careful review, our office strongly suggested the client to file an EB-12 petition under the outstanding researcher/professor category. The I-140 with all I-485s for the whole family were filed Feb. 2008 and the I-140 was approved in March 2009 without request for evidence and in July 2009, the whole family's green cards were all approved.

We were retained by a Filipino client who was working as a Hotel Manager. We had processed her H-1B visa and extensions in the past and she and her employer wanted to start the green card process. After our office received labor certification approval we filed for the I-140 (EB2 category) on February 26, 2010. We received approval on April 19, 2010. The client is now just waiting for I-485 adjudication for which a visa # is available. She is very pleased with the outcome of the case and looks forward to her stay in the US.

This is a multi-national executive I-140 immigrant visa petition. We recognize the high threshold established by USCIS on all the criteria and stringent requirements that broad description of jot duties is not sufficient, that managing rather than performing day-to-day duties, and that it has to be executive level duties, we advised the company and they did provide independent and government issued documents to establish the legal entity and global structure of the foreign/ U.S. corporation and their parent and subsidiary relationship. Block and line organizational charts were submitted to demonstrate clear corporate hierarchy and executive level of the sponsored position. Evidence was also provided to demonstrate beneficiary's direct control of professional staff, managers, business project value, and overall authority the individual will exercise. In addressing the issue of the beneficiary's birth and parentage, which is not uncommon in some Asian countries due to local registration rules, we helped client put together government issued and from independent source documentation to establish the birth date and parentage. Due to careful and detail preparation, the respective I-140 and I-485 applications received quick approvals without RFE's.

We were retained by a citizen of Singapore who is currently in the US on an H-1B. His employer was willing to sponsor him for a green card through the labor certification process. We filed for the labor certification on February 2, 2009. The application pended for several months and we received certification on December 7, 2009. We then prepared for the immigrant worker petition and green card application since the alien fell into the EB2 category and is a citizen of a country that does not have retrogressed visa numbers. We filed for the I-140 and I-485's on January 5, 2010. The I-140 was quickly approved on February 12, 2010 and the client is waiting for his green card adjudication, which should have no issues.

On July 30, 2009 we filed an NIW I-140 for an alien from Italy. USCIS reviewed the application and on 12/21/2009 issued an I-140 approval. Once the I-140 was approved, the concurrently filed I-485 applications were then adjudicated and welcome notices showing approval were received on January 25, 2010. The alien was deemed to be of national interest by USCIS and was happy to have received approval in a short period of time.

A Pakistani national hired us to work on his labor certification and subsequent immigrant worker and green card applications. After his labor certification was approved we filed for his I-140 under the 3^rd preference category. We had to show the petitioner had the ability to pay the wage to the alien. We included income tax returns and made sure USCIS was aware that the employer had significant assets over liabilities. We filed for the I-140 on November 16, 2009 and received approval on January 12, 2010.

We conducted detailed intake, performed research careful research and drafting of job duties, work environment, required skill set, licensing and other necessary requirements intrinsic to a psychiatrist. The PERM was certified without audit. Complete and full documentary evidence were submitted to USCIS in the filing of I-140 immigrant petition and subsequent I-485 adjustment application pertaining to J-1 doctor adjustment. The petition was approved in 4 months and the green card was approved in 4 months after filing.

Employer is a new sole proprietorship S-corporation which has a negative income for the year of sponsorship. USCIS also challenges the beneficiary's qualifying skill set. We reviewed the company's tax returns, and researched the revenue law pertaining to S-corporation tax filing, transfer of profit and loss, owner's Form 1040, and their inter-relationship. And we successfully argued that because of the way the company was set up, its reporting systems, the reported assets/liabilities of the company, that the company has proved its ability to meet the wage obligation. As a result, the Form I-140 was approved just a little over a month after filing of the response to RFE.

We were retained by an alien from S. Korea to work on his labor certification and green card. His labor certification was filed for and approved and subsequently we filed for his I-140 on July 13, 2009. USCIS asked for additional evidence pertaining to the petitioner's ability to pay the proffered wage to the alien. We submitted documentation from the petitioner in order to overcome this. The I-140 was then approved on 12/14/09 under the EB3 category due to our diligent work. The alien is now able to get 3 year H-1B extensions while he waits for the visa #'s to progress for him to be able to file for his green card.

We conducted detailed intake, performed research careful research and drafting of job duties, work environment, required skill set, licensing and other necessary requirements intrinsic to a patent attorney. The PERM was certified without audit. Complete and full documentary evidence were submitted to USCIS in the concurrent filing of I-140 immigrant petition and I-485 adjustment application. The petition was approved in 3 months and the green card issued 2 months thereafter. Both without RFE.

Labor Certification was filed back in 2001. The adjudication officer issued an RFE to satisfy the 'ability to pay' requirement from 2001 to 2009. After a close reading of the tax forms the Service relied upon, we argued with direct and unequivocal evidence that the Service applied erroneous test and that the RFE had been wrongly issued. Our office filed the Response to RFE in two weeks and the USCIS approved the I-140 immigrant petition in two weeks after receipt. Further, we track the quota diligently. We immediately requested the Service the 1st week in October of our client's visa quota being current, to expedite the I-485 adjudication that month under the Service's "180 days pending and otherwise approvable" memo. Our client I-485 adjustment was approved the same month.

Client came to us at the eleventh hour with his non-immigrant visa 1 day to expire and his PERM in one and a half month. We filed his extension timely to keep him from out of status. We worked extensively with the employer and him to put together his I-140 petition and I-485 adjustment paperwork. These were filed with two weeks. Due to his weak case for visa extension, we ensured that complete supporting documentation were included in the I-140 filing. This was successful in that the I-140 was approved in 3 days before his non-immigrant visa extension denial. Client is now eligible to adjust under 245k. He also received his EAD and AP approval that there was no interruption to authorized employment.

Employer was a restaurant. CIS issued RFE questioning ability to pay, # of sponsored aliens, and status of each approved and/or pending I-140 by the company. We provided not only tax returns but also W-2, W-3, and state quarterly tax withholding. Response to RFE filed in March 09 and I-140 approved in June.

We closely coordinated with the employer and applicant to articulate proof of ability to pay and required past experience.

We were retained by a citizen of S. Korea to help him get his green card via the labor certification process. The alien is an engineer and his employer petitioned him for the labor certification with our help. We filed on June 19, 2008 and we received approval on February 2, 2009. He has a current priority date as he is EB2. His I-140 was filed on February 25, 2009 and was approved on June 22, 2009.

A citizen of Taiwan entered the US as an F-1 in order to go to law school. The alien obtained H-1B after graduation and came to us at the end of her H-1B time in order to work on the labor certification and green card process. Her employer petitioned her for the labor certification with the help of our office. It was filed on August 4, 2008 as no qualified US workers were found from the recruitment campaign and was certified on April 2, 2009. The alien's I-140 was filed for an approved on June 15, 2009. The alien is under the EB2 category and was able to file for adjustment.

A national of the UK came to us in order for us to start work and file for her green card application via the labor certification process. Her employer petitioned her for the labor certification process through the old RIR process. Her labor certification was approved on April 20, 2007. We filed for her I-140 on August 16, 2007 and received approval on June 15, 2009. The alien was also able to file for adjustment of status as her priority date was current that that time (8/16/07).

An I-140 Petition was filed with USCIS in August 2007. When priority date became current, a Request for Evidence was issued requesting the related full prior experience evidence and confirmation of the past employment. We noticed that the USCIS made an error in regard to the past employment history. Not to delay any further or risk another error on behalf of the USCIS, our office thoroughly outlined the response to the requested additional evidence and included all supporting documents that the USCIS has requested. After submitting an I-140 RFE, case was approved less than a week. Our office expects that a Green Card application be approved within days for this individual.

Our Italian client is an Interpreter/Translator with a Master's Degree. Although the minimum requirement for this type of position is a Bachelor's degree, she was an Ideal candidate for the EB2 category due to her highly technical work duties. Her PERM was certified in less than two months. Her I-140 was approved in a little over two months, and her green card application also took only two months, being approved in December 2008.

We were retained by a Chinese restaurant to file for a labor certification for a chef with two years job experience from China. We filed on February 28, 2008 and received the approval from the Department of Labor on September 5, 2008. The next step will be I-140 (Immigrant Petition for Alien Worker) which will later enable him to get a green card.

We were retained by a Korean alien and his employer to sponsor the alien for a green card via the labor certification (EB2) process. He is an electrical engineer with a bachelor's degree and several years of experience. His labor certification was filed on May 5, 2008 and was certified on September 2, 2008. We are in the process of filing for his I-140 and concurrent I-485/765/131's for him and his derivative family given he has a visa number available.

In July 2007, an employer wanted to file a PERM (Permanent Labor Certification) for his employee who was living in Germany at the time. After receiving an audit notification and filing a timely response, the case was approved in March 2008. The next step for the client and employer was to file an I-140. The alien had two options in this case. The first option was to come to the United States on his E-1 visa and file the I-140. However, in this scenario he would not be able to travel out of the country until the approval of his travel document application, which would be approximately 90 days. The second option was to stay in Germany and file from there, with the ability to travel back and forth between the U.S. and Germany with his E-1 visa. He would then go through consular processing in Germany. He chose to stay in Germany and file the I-140. We filed the I-140 in May 2008. We received a Request for Evidence (RFE) in October 2008. We collected and filed the necessary information and the I-140 approval was received by the end of the month.

A client from Georgia hired us to help with her PERM (Permanent Labor Certification), I-140 (Immigrant Work Visa) and I-485 filings. We filed her PERM in 9/06 and it was approved by the end of the month. We then filed I-140/I-485/I-765/I-131 in 10/06. The I-131 was approved in 12/06, the I-140 was approved in 1/07, the I-765 was approved in 2/07. While the I-485 was pending, we filed an extension for the I-131 in 12/07 which was approved in 2/08. We received the client's I-485 approval in 3/08.

PERM/I-140

PERM/I-140/I-765/I-131/I-485

For an employer in Atlanta, GA area, we obtained the prevailing wage determination within a week in March and immediately started the pre-filing recruitment process: 30-day state job order, 2 Sunday ads, 1 local paper and employee recruitment programs. These were completed in May. At the same time, we successfully assisted the employer to register the PERM a/c. The PERM was filed in June 09 and certified without audit in March this year. It is a EB2. Quota is open. We are working to file the I-140 and I-485 concurrently to establish intent to employ and to be employed.

I-765 based on pending 485: Indian national, filed the I-765 in Feb 2009 and it was approved in March 2009.

Our client came from Japan for the first time on an H-1B visa. He is still successfully working for the company that sponsored him for the H-1B. Our law firm filed his I-129 (H-1B) Petition on 04/25/2002. His H-1B Approval came in the mail shortly after that (05/17/2002). After three years his employer decided to extend his H-1B Visa and continue employing him. This time the company requested to file his I-129 Petition using Premium Processing, and so we did. The amazing result is that we have received approval in 9 days. The employer also agreed to sponsor him for a permanent work visa, so we filed PERM for him on January 14^th of this year. Since he was holding bachelor's degree and had huge experience in his field, our client was eligible for I-140 Petition for EB2 preference (Profession with Advanced degree, or of exceptional ability) which we have filed right after his PERM was certified. Furthermore, our office has filed I-485 (green card) Application 04/25/2008. By August 3^rd, 2008 we received his I-140 approval and two months later we received the green card approval for him.

A client from Turkey retained us for PERM (EB2) and Green Card matters. First time he came to U.S. in 09/04/2005 on H-1B visa, his wife and two kids came along with him on H-4 visas. His current employer agreed to sponsor his green card application. Our office filed PERM for Turkish client 11/16/2007 and within two months it was certified. After a week we were able to file his Nonimmigrant Petition (I-140). While it was pending, we have prepared I-485 filing for client and his family and filed 04/11/2008. Later on our firm received request for Evidence for this case. We responded to it quickly and got case approved on 10/03/2008.

A client from Egypt and his wife came on H-1B visa in 2005. His employer hired us in 2007 to start the green card process for both of them. We filed PERM and in two months it got certified. Next day after its approval our office started working on Nonimmigrant Petition and Green Card Application. One month after that we were able to file I-140/485/765/131 applications for these clients. To our great success they received their green cards in August of 2008, three months after the filing!

Often, successfully serving a client does not simply result in victory for one person, but victory for our client's family, friends, and the greater community of which she is a part. Our Filipino client was an extremely accomplished neurologist who made consistent and crucial contributions toward her respective field of medicine. Due to her competence as a physician, a leading specialty medical service was focused on hiring her to treat patients with neurological disorders, including Parkinson's disease and epilepsy. After reviewing the I-140 Immigrant Petition, the Nebraska Service Center denied the petition, citing that the specialty medical service was unable to pay the proffered wages for 2002, 2003, 2004, and 2005. The Nebraska Service Center based its denial solely on U.S. Corporation Income Tax Returns, failing to consider the company's personal service corporation status, which if properly taken into consideration, would have enabled the petition to be approved. Our Senior Attorney, Lori Pinjuh, along with one of our senior paralegals, Jackie Tong, immediately recognized the Service Center's oversight in that the Service Center based its decision narrowly on the company's net income and net assets alone without appraising the submitted evidence in its entirety. After reinforcing evidence, enumerating tax code, and further clarifying our client's tax status, we filed an appeal, including an appraisal of the applicable federal tax code, illustrating the financial security, consistent financial growth, and the economic and medical influence our client maintains in the community. Based on our hard work, knowledge of legal precedents, and experience serving corporate clients, the Administrative Appeals Office reversed the Service Center's previous decision to deny the I-140 Immigrant Petition. Our Filipino client was hired by the leading medical services company and provided the opportunity to make invaluable contributions toward medical advancement. This case clearly illustrates the challenges of complexity, but more importantly, undoubtedly highlights the importance our commitment to our clients maintains. Our success affects those well beyond the walls of offices and courtrooms and far into the community of which we are dedicated to serve. This was not a victory for one, but a victory for all.

In June 2001 a machine supply company retained us to apply for an H1B (Non Immigrant worker) visa for a Canadian account manager with a Bachelor's degree. Through the years we handled several petitions regarding this client. The employer was pleased not only for how we helped them through all the process, but also because the cases were handled efficiently and timely. The H1B was approved in only two months. In 2004 we helped them get the H1B extension in only three months. Later they decided to relocate the employee to another state and we handled that case as well. By 2007 he had been authorized to work for 6 years and we knew only one more year would be possible under an H1B as non immigrant worker. That is why as early as 2006 we were talking with the employer about helping them file for an I-140 (Immigrant worker visa). This would allow the employee to be eligible for a green card too. The decision of filing for an I-140 as a sponsor is a big decision for any employer, and we believe that two things should happen to make it possible. First, the employer must appreciate the merits, performance and good relation with the employee. Second, they must be satisfied with the attorney's services and trust their ability to guide them as simply as possible through this complicated process. By the time the extended H1B visa expired we had already filed and got approved for the extension of the H1B to the seventh year and had filed I-140 (with Premium Processing). In August 2007, after the I-140 was approved, we filed for his green card and for an H1B. Since now he is approved as immigrant worker, his H1B could be renewed as many times as needed until the green card is approved. Therefore, in May 2008 we filed for an H1B extension of stay, and it got approved for three more years. The green card is pending, but according to their processing times it will be approved in very few months. This case was handled by our attorneys in close collaboration with our paralegal Mr. Jackie Tong.

A Chinese couple came to USA for the first time in January 2002 on student visas (F-1). After graduating from college they started working under H-1B visas (non-immigrant worker visas). They retained our law firm to start the green card process in 2006. In April we filed their Labor Certification which was approved in a month. Soon after the PERM approval we filed the I-140 (Petition for Alien Worker) for her, as a professional with an advanced degree and also for her exceptional ability (our client is Statistical Programmer). Her Petition was approved within a month. As soon as quota was open for the client, in 2007, we filed for the green cards for her and the husband. Shortly after a year, we received the approval notices, and our clients got their green cards. We are looking forward to help them out with their citizenship applications in the future.

Our client came to the US on a J-1 visa many years ago. She was a doctor from Pakistan. The J-1 had a 2-year foreign residency requirement and we did a 3-year HPSA waiver which got approved. She then got an H-1B (non-immigrant work visa). After a while, the employer was willing to sponsor her on a permanent basis, so we did a Labor Certification and I-140 Employment Petition, Second Preference for her. We got a request for evidence asking for proof that the employer has the ability to pay the proffered wage. The tax returns showed a negative income. We checked the different schedules of the tax returns and argued that the income is negative for tax purposes and that the company, through some calculations performed on Schedules of the tax return, has enough cash to meet the ability to pay requirement of the I-140. The I-140 and I-485 were eventually approved and the client now has a 10-year green card.

Our client came to the United States around 1997. He had an attorney in Chicago who did an H-1B (Non Immigrant Work visa) for him. On renewal, the attorney was timely in the filing of the H-1B extension, however they made a mistake on one number in the form which caused the application to be returned. They corrected it and re-filed the application however it was sent back as untimely. At that point our client seemed to be out of H-1B status. Our firm was retained 3 years ago to correct this. We did a Motion to Reopen and then an Appeal with the Administrative Appeals Office. That got approved and his H-1B was retroactively extended, keeping our client in status all throughout his stay. He then sought our services to do a Labor Certification, I-140 Employment Petition, and I-485 Green Card Application. The Labor Certification was filed and approved. One of the issues though was his H-1B has been more than 6 years and his Labor Certification has not been pending for more than 365 days (which makes him ineligible for a one year extension). A 3-year H-1B Extension would be possible if an I-140 was approved however the Labor Certification was only recently approved. We did an I-140 premium processing and before the H-1B was expired, the I-140 was approved. Now, instead of the client being ineligible for a one year extension, the client is now eligible and awaiting his 3-year H-1B approval, which should come anytime. Now he will be in status as he waits for his priority date to become current and then he will get his green card.

The journey of an immigrant in his efforts to obtain a green card can be longer and harder than his first decision to leave his country. One of our clients had a long and difficult struggle over the years, until he finally was able to become a resident. Our client, Chief technology officer came from India as a student and later started working under an H1B (temporary work) visa. We helped him renew the H1B to the maximum possible, and also helped him recapture some months for the period of time he was away from USA. After his last H1B extension was denied, we filed a Motion to Reopen and our client waited for the result. This Motion was denied, but neither the client, nor us received any notice. We only found out when he was put in removal proceedings for staying in USA without authorization. We asked for his Voluntary Departure, since had overstayed for less than a year and was ready to leave the country by his own means. As a consequence he did not receive a bar (prohibition) to return to USA for a number of years, as would have happened, if he was deported. We had been preparing his Labor Certification with his employer who would sponsor him for an I-140 (Immigrant Work Visa). After it was approved we filed the I-140 and I-485 (green Card) petition. USCIS issued Intent to Deny the I-140 and we had to showed evidence that the employer had ability to pay the proffered salary. We emphasized that the company had enough assets and capital investments, but the fact that it was a new company had to be taken in consideration when evaluating their ability to pay. We were relieved to see that USCIS finally understood this. He was approved for a Work Visa in February 2008 and was scheduled for an interview for his green card case in April 2008. Unfortunately, our client got into trouble and was charged for a misdemeanor a few days before his interview. We had to reschedule the interview which finally took place by the end of June 2008. Our attorney assisted to the interview and made sure the count of days of his legal status was not an issue, validating both the voluntary departure request and the recaptured days during the H1B. We were thrilled when he was approved his green card in August 2008. Our client was very happy and grateful to us for walking with him through the whole process, for so many years. Our attorney Lori Pinjuh handled this case with help of attorney Troy Murphy and the rest of our staff.

An Indian physician who came on H-1B (Non Immigrant Work Visa), retained our services in 2006. We started his process by filing I-140 (Petition filed by the employer for permanent employment for employee) in July 2006. Unfortunately, the application was denied in November 2006. We filed a Motion to Reopen within 30 days of receiving the I-140 denial. The MTR was granted. Our efforts were rewarded and the I-140 was approved. We then filed for H-1B extension for applicant and I-539 (extension on the status) for his wife in March 2007 and it was also granted in a short period. Our next step was to apply for green card for our client and his wife, so we filed I-485 (Green card) in August 2007. Our clients were fingerprinted in October 2007. We were very excited when we got the I-140 approval in January 2008, making our client's first step successful. Later we filed their applications for work authorization (I-765). In June 2008 the applications were approved, giving our client's wife the freedom to work in this country. We are hopeful that we would get the green card soon for them and help them in realizing their dreams.

A Turkish network administrator with a background in Computer Science came to U.S on an H-1B through some other attorneys. He was employed by an Education Center in U.S. When our client's employer expressed the desire to sponsor him permanently, he wanted to retain our services. By coordinating with the client and his employer we filed PERM (Permanent Labor Certification), which is the very first step. Within two months i.e. in January 2008 the petition was approved. Now was the time to file I-140(Petition for an alien worker to work permanently in U.S). We filed his petition in January 2008 under the EB-2 category. This category is meant for Professionals with Advanced Degree or people with exceptional abilities. In April 2008 we filed application for I-485, I-765 and I-131(green card, work authorization and documents for travel respectively) for applicant and his family. In June the family went for their fingerprints and also received work authorization and approved parole to re-enter U.S whenever they plan to travel. Our dedicated paralegal Mr. Jackie Tong worked on the application and in July 2008 we received approval for I-140 petition. Our continuous hard work has again brought happiness to another family.

A client from India retained us to do his labor certification and green card process. He is a pathologist, and with the help of our firm, had already received a waiver of his two year home residency requirement. We filed for the labor certification on January 11, 2008 and it was certified in one month. On February 21, 208 we filed his I-140 petition (Immigrant Work Visa) and we received the approval on July 7, 2008. Since our client is from India, there is no current visa numbers for him, but we will follow up his case to make sure he files for his green card as soon as a visa number is available, according to his priority date. In the meantime we will keep him on status by filing and renewing H1B visas.

I-140 ( Perm Based): A Chinese national, with a Ph.D. Electrical Engineering background, hired us to file his I-140 (Immigrant petition for alien worker), which we did in December 2007. In June 2008, USCIS requested evidence for employer to show ability to pay the proffered wage. We responded the Request for Evidence in July, and the I-140 was approved in a week after that.

In 2001 our Indian client came on an F-1 (student) Visa to follow her Master Degree in Exercise Physiology, which she completed in 2003. She later took job with a Medical Office in Florida. She was on her H-1B (Non Immigrant Worker visa) when she approached us in September of 2007. Since her employer was willing to sponsor her application for I-140 (Immigrant Petition for Alien Worker) we collected all the supporting documentation and filed the application in January 2008. The fact that she lived in Florida, and we worked her case from another state, made her a little concerned about the results. When in July 2008 her I-140 was approved in only six months, she was very satisfied with our services. As usual we help all our clients, no matter how far they live, and we take a lot of pride from our teamwork. The case was handled by our paralegals Jackie Tong and Brian Marek.

Our client came on F-1(Student) visa in 2001 to follow his Master Degree in Business Administration. He was offered a job in 2004, which he accepted, working under an H-1B (Non Immigrant Worker visa). He decided to hire our services in 2006 when he changed his job, so we applied for another H-1B visa with the new employer. We also filed I-539 (to extend his stay) and H-4 Visa for his wife, as Spouse of H1B holder. Later, employer and client retained us to file for an I-140 (Immigrant Worker visa, which we started by filing his PERM in April 2008. PERM is a permanent labor certification issued by the Department of Labor (DOL) allowing an employer to hire a foreign worker to work permanently in the United States. The PERM was approved, and we are currently working in the next step, which is the filing of the I-140. Once it is approved, our client may be eligible to file for a green card.

This married couple came from Iran in May 2005 with an H1B (temporary work visa) for the husband, a clinical researcher, and an H4 visa for the wife as an immediate relative of an H-1B holder. They settled in Texas where the husband's Fellowship was to take place. The wife, a smart Metallurgic Engineer, started to look for a job and found a company in Cleveland, Ohio that offered her not only a job, but also the chance to sponsor her later for an Immigrant work visa (I-140). Because of his background as a medical researcher, the husband thought he would be able to get a job in the same city, and so he did, so the couple relocated in Ohio. We filed an H1B visa for her in May 2006 and it was approved in September. She started working for her employer in October. A few months later, in January 2007, we started her PERM (Labor Certification) and it was approved in February. The following month we filed the I-140 with her employer as petitioner, together with I-485 (green card petition). The I-140 was approved in less than a month. We continued the green card case and both she and her husband received their green cards in May 2008. They were very happy when they stopped by at our office and we handed them their green cards. Later they sent a thank you note and made compliments to our staff, especially to Brian Marek and Jackie Tong, who handled their case.

We filed an I-140 (Immigrant Petition for Alien Worker) for our client, a restaurant chef from China in July 2007. Because the position required two years' experience, we filed the I-140 with EB-3 classification, which is used for skilled workers. We received a Request for Evidence in March 2008, and filed a response that same month. The I-140 was subsequently approved in May 2008. Brian Marek worked on this case.

Our client, a research technologist from Bangladesh, came to USA in 1996 as a student under an F-1 Visa. His wife came with an F-2 (as a spouse of F-1 visa holder). While he was attending the school he was allowed to work on OPT (Optional Practical Training). After the graduation he started working on H-1B with the Cleveland Clinic Foundation who agreed to sponsor his Green Card Application based on his employment. We filed Labor Certification in March 2005; and after it was approved, in December 2006, we filed his I-140 (Immigrant Petition for Alien Worker). While it was pending we needed to renew his H1B visa and H4 for his wife, so he would not lose status. The problem was it would be the 7^th year extension, but usually H-1B/H-4 are for 6 years only. Based on the "American Competitiveness in the Twenty-First Century Act" our clients were eligible to apply for H-1B/H4 extensions. This Act allows H-1B visa holders who have pending Labor Certification or I-140 for longer than one year, to obtain annual extensions of their H-1B/H4 status until the final approval of Permanent Residency. Later, in June 2007, once the quota for client and his wife was opened, we immediately filed I-485 Application (Green Card) for them. Just a couple of months after that, in October 2007, we received his I-140 approval, followed by their H-1B/H-4 extension approvals. And finally, on April 22, 2008 their I-485 was approved, and the family received their welcome notices and Green Cards.

We were hired by a Nigerian entrepreneur to help him with several consecutive cases, including his H1B visa. He had a sudden turn in his career and his personal life when he invented a security everyday garment, for which he holds the patent, and that he also registered as a trademark. He started working to develop his invention, quickly attracting investors and media attention. He needed to be able to stay in USA to be able to put his product on the market in the long term. On December 31, 2007, we were able to file an I-140 (Immigrant Petition for an Alien Worker) based on self-employment and in the first preference category, as an Alien of Exceptional Ability, due to the impact and significant contribution of his invention to the safety of businessmen and international officers. Of course the requirements in this category were higher than most of I-140 cases. We presented enough detailed and supporting evidence to meet the requirements. We were pleased to receive the approval of his I-140 on the first week of April, and have already filed his Green Card application

A Polish lady with accounting and business administration skills hired us to help her obtain a green card through an employer willing to sponsor her. She had two sons and a fiancé who were also foreign-born. We first filed the Labor Certification in 2001 and helped the employer file the I-140 immigrant petition on her behalf in July 2002. She got married the next month, so in September 2002, having the I-140 pending, we filed for Adjustment of Status (I-485) for her, her husband and the two sons. We also filed I-765 (Employment Authorization Document) for both adults. Her I-140 was erroneously denied in February 2003, so we filed a Motion to Reopen and Reconsider (MTR) in the same month. Since the I-485 applications were based in the I-140 (at the time denied and under appeal), we filed another I-140/I-485 in March 2003. The MTR was granted in August 2004, prior to the second I-140 being adjudicated, so the first I-140 was remanded and approved and the first I-485 application was reopened for our client by the USCIS. We filed a request for the CIS to sua sponte re-open the rest of the family, but CIS only sent notice of re-opening the sons' I-485 applications, and failed to send a notice pertaining to the husband. However, shortly after our request for sua sponte reopening, the I-485 interview notices for wife, husband, and sons, were issued and at the interview, the CIS officer assured us that the husband was included in the interview as a result of the MTR. At the same time, the officer insisted that we withdraw the second I-485 application since two I-485 applications were pending for the husband at that time. We agreed so that once the priority date became current, the whole family's I-485 applications would be adjudicated together. For two years, the wife and husband received work authorization cards and continued to wait for the immigrant visa number to become current. However, in late 2007, the husband's application for work authorization was denied, due to the I-485 being denied. Since no action on the I-485 had taken place and the immigrant visa remained unavailable, the firm could only deduct that the husband's initial I-485 remained denied and had never been reopened. In December 2007, we filed a MTR again just for the husband, referring to all the errors and lack of attention to his case from the administration. The Motion was quickly granted, and the I-485 case for the husband has been officially reopened. Even better, now that we have the attention of the CIS, the immigrant visa number has just become current in March 2008 and we have been assured that their case will be quickly reviewed so that the entire family's I-485 may be granted right away. Our attorney Lori Pinjuh handled the case for Margaret Wong & Associates.

In August 2007 we filed an I-140 for our client from Chile, a PhD in Electrical Engineering, as an EB-2 (Professional with an exceptional ability and advanced degree). He had been working with an H-1B (Non-Immigrant Worker) visa before. In October same year we filed his I-485 (Adjustment of Status to Permanent Resident). He was scheduled for fingerprints soon after that, but we had to reschedule because our client needed to travel and he was very busy. In mid February he received the approvals of both I-140 and I-485. He e-mailed us, very happy and thankful for all our help during the process.