Margaret W. Wong & Associates - Immigration Lawyers
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Success Stories: I-140

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FIRM OVERVIEW

Margaret W. Wong & Associates LLC is a full-service immigration law practice that provides legal advice and representation to people and companies in the United States. The firm has over 80 years of combined legal experience among its attorneys and serves its clients from offices in Cleveland, New York City, Los Angeles, Chicago, Atlanta, Nashville, Columbus, Minneapolis, and Raleigh. Contact us here to schedule a consultation to discuss your needs. 

STATUS CHANGED FOR A MAN FROM SRI LANKA AFTER WE FILED I-140 AND I-539

Mr. N.A is a citizen of Sri Lanka. He came to the United States in January 2005 with an F1 visa -- a nonimmigrant student visa. When in March 2016 he contacted our office seeking our help, he had applied for a Green Card through USCIS, and had received an RFE (Request for Further Evidence) and needed to respond to it. His status was changed to the F2 Visa, which is a dependent visa, a nonimmigrant visa which allows dependent spouses and children (unmarried, under 21 years old) of F-1 student visa holders to enter into the United States. He was now a dependent of his wife who came to the U.S with the F1 visa.

We filed the I-140 (Immigrant Petition for Alien Worker) with USCIS on June 10th and six days later we filed the I-539 (Application to Extend/Change Nonimmigrant Status) with all the required documentation demonstrating that due to his exceptional expertise and his proven contribution to the nation in his area of competence our client deserves the change of status and / or an extension of his stay in the United States. Two months later they were approved. Our client now enjoys his change of status and the extension of his stay in the United States. (Back to Top)

Ex-Soviet Scientist Receives EB-1 "Extraordinary Ability" Approval

Dr. K is an ex-Soviet scientist who now specializes in the planning and building of power infrastructure in developing countries (think electrical power plants, sub-stations and electrical grids). He approached us at Margaret Wong and Associates for assistance in obtaining an EB-1 "Extraordinary Ability" Green Card. You see, the best research in renewable energy technology is being done here in the U.S. Dr. K wanted to join with his old colleagues stateside and lend a hand and his expertise.

Dr. K had so much experience (decades of it, really) and so many accomplishments that it was hard to choose what to include in his petition. One of the challenges was that some of his "sexiest" work (for NASA and the MIR Space Station) was classified and couldn’t be used.

We decided to focus on the fact that Dr. K had "received a major internationally recognized award, similar to a Nobel Prize." Years ago, Dr. K had been invited by the U.S. Department of State to participate in an intellectual exchange program to help modernize ex-Soviet countries. Participants were limited to professionals highly- and internationally-recognized in their fields. He had also recently been selected for recognition by a consortium of ex-Soviet countries for his contributions in the field of Engineering. This recognition was written into an act of law by the governing body and recognized throughout the participating countries.

The I-140 Immigrant Petition for Alien Worker was processed via Premium Processing, and took about two weeks. A lot of evidence regarding Dr. K was collected and submitted, so it’s hard to know what exactly the deciding factor was in Dr. K’s approval. We are sure of one thing: that it’s an honor and a privilege to assist extraordinary individuals like Dr. K! Welcome to the U.S.A.!(Back to Top)

I-140 for EB-1 Multinational Manager Denied; Refiled by Margaret W. Wong & Associates and Approved!

Mr. and Mrs. P of India came to the Law Offices of Margaret W. Wong & Associates with bad news: Mrs. P’s I-140 petition as an EB-1 Multinational Manager had just been denied. Even worse, Mrs. P’s L-1A visa renewal had also just been denied! Suddenly, Mr. and Mrs. P had not only lost their petition for a Green Card – they were also present in the U.S. with no status at all.

Sometimes a denied petition can and should be appealed. But Mr. and Mrs. P were running out of time. Section 245(k) of the Immigration and Nationality Act allows certain employment-based Green Card applicants to receive their Green Cards even if they’ve been out of status for a short while (less than 180 days). Attorney Francis Fungsang reviewed Mrs. P’s denied I-140 petition and the looming 245(k) deadline and determined that it would be best to re-file a new I-140 petition, not appeal the denied one.

A new I-140 petition was prepared and filed concurrently with a complete Adjustment of Status (Green Card) application. Attorney Fungsang carefully prepared the I-140 Multinational Manager petition with proof of the relationship between the parent company in India and the company here in the U.S., as well as Mrs. P’s history with the company and the managerial duties she performed.

The new EB-1 I-140 was approved smoothly, without even a request for further evidence from the USCIS. Mr. and Mrs. P received their Green Cards shortly thereafter. The elapsed time between the P’s first visit to our office and receiving their Green Cards was less than six months! Half a year after first sitting down with us, Mr. and Mrs. P went from being nearly hopeless to being lawful permanent residents.(Back to Top)

Turkish Scientist’s Extraordinary Ability I-140 Approved in Seven Days

A doctorate in biochemistry, a citizen and national of Turkey, retained our office to pursue his Green Card application based on his extraordinary work as researcher in the biochemistry field. Our experienced staff prepared and filed his I-140 petition and his I-485 in a timely manner providing USCIS with all the required documentation demonstrating that our client merits an immigration visa as an alien of extraordinary ability so that he may continue his valuable contributions to medicine and science in the United States. Our office argued that the documentation submitted in the present case showed that there are very few individuals in this country with comparable expertise, which makes it particularly important to retain our client in the United States. His reputation is recognized both within and outside the United States. The doctor’s reputation stems from his highly prolific publication record in top ranked peer-reviewed journals that have international circulation. We provided USCIS with documentation showing our client’s unique strength to tackle important questions in his field of research and as a result representing a compelling case that our client is a unique asset for the scientific community in the United States. The doctor’s I-140 was approved in only seven days via premium processing. His and his wife’s Green Card applications which are currently pending are expected to be approved very soon.(Back to Top)

Indian Citizen Approved for PERM and I-140

In June 2012, we were retained by a university of engineering which wanted to petition for an immigrant visa for an alien worker. Client is a citizen of India who is an engineer. To start the process we worked on filing client H-1B in July 2011, which got approved a month later. We then filed an EB2 PERM in May 2012 and that was approved in July 2012. After the PERM application was certified, we filed the I-140 on September 06, 2012. The I-140 was approved a week later on September 14, 2012. Client was very happy of the process being so quick. Our client is now eligible to adjust her status and become a Green Card holder, we are looking forward to continue working with our client so she may obtain her Green Card.(Back to Top)

After I-140 Denial, Indian Couple approved for Green Card

Our clients, a married couple in their 30s from India, both came to the US on student visas in the mid 2000s and were then on L-1 visas until 2013. However, both of their L-1 visa extensions were denied and after that they were out of status. The wife had filed an I-140 for an EB-2 employment based visa, which was denied as well. We started with appealing the I-140 denial. We then refiled the I-140 and I-485 to avoid accumulating unlawful presence. Our clients quickly received work permits and within 8 months they were approved for a Green Card. The couple is very happy to be in status again, thanks to the guidance of Francis Fungsang, partner at Margaret Wong & Associates, and an expert in employment based immigration.(Back to Top)

Chinese Public School Teacher Eligible to Adjust Status

We were originally retained by a Chinese public school teacher to process her H-1B visa and extensions. In summer 2011, she decided to start the Green Card process. We filed an I-140 Petition for an Immigrant Worker on behalf of the client’s employer in early September. The application was approved two months later, without a RFE (Request for Evidence). She is now eligible to adjust status and we are looking forward to continue working with our client so she may obtain her Green Card.(Back to Top)

Chinese gets I-140 approved

In late summer 2011, we were contacted by a former client who wished to receive an immigrant work visa. A Chinese citizen, she is a researcher for a manufacturing company based in Cleveland, OH. In June 2009, the 1-129 Petition for a Non-Immigrant Worker filed on behalf of our client’s employer was approved. The client now wishes to become an U.S. LPR. As a first step an I-140 Immigrant Petition for Alien Worker was filed in October 2011. Less than one week later, the petition was approved. Our client is now eligible to adjust her status and become a Green Card holder, thanks to the efforts of Attorney Francis Fungsang and a team of legal assistants.(Back to Top)

Automotive Company Wins PERM and I-140 for Their Employee

We were retained by a company that deals with high tech automotive supply and engineering who wanted to petition an alien worker for his immigrant visa. To start the process we worked on the labor certification and filed the application on March 11, 2010 to the US Dept of Labor. The application was then certified and we filed the I-140 on November 29, 2010. The I-140 was approved on March 14, 2011. The alien is from Mexico and will have to now wait for a visa number to become current.(Back to Top)

Indian scientist approved for EB12

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.(Back to Top)

Hotel Manager EB2 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.(Back to Top)

Multi-national Executive I-140 Petition

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.(Back to Top)

Worker from Singapore I-140

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.(Back to Top)

Italian Man Issued I-140 Approval

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.(Back to Top)

Pakistani National files I-140 under 3rd Preference Category

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 3rd 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.(Back to Top)

Psychiatrist I-140 and I-485 J-1 Doctor Adjustment

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.(Back to Top)

I-140 Form Approved Company Asset Organization Analyzed

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.(Back to Top)

H-1B Extensions and I-140 Approved for South Korean Client

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.(Back to Top)

PERM, I-140, and I-485 And Green Card Issued Seamlessly

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.(Back to Top)

I-485 Approved For Client

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.(Back to Top)

I-140 Approved Quickly For Client in Need

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.(Back to Top)

I-140 Approved With Detailed Evidence

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.(Back to Top)

I-140 Approved for Immigrant Worker

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.(Back to Top)

Taiwanese Citizen Gets I-140 Filed for Law Practice

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.(Back to Top)

UK National Gets I-140 Approved

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 at that time (8/16/07).(Back to Top)

I-140 Accepted With Little Resistance

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.(Back to Top)

Italian Translator Gets I-140 Approved

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.(Back to Top)

Chinese Restaurant Certified

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.(Back to Top)

Certification for Family Being Filed

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.(Back to Top)

I-140 Approved for German Resident

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.(Back to Top)

PERM, I-131, and I-148 Approved for Client from Georgia

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.(Back to Top)

Chinese Restaurant Gets Chef I-140 Approved

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.(Back to Top)

Electrical Engineer Gets I-Visa Legal Residency for Family

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.(Back to Top)

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

I-485 and I-140 Approved for Georgian Client

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.(Back to Top)

Recruitment Process Opening for Employer by I-140 and I-485 Filings

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.(Back to Top)

I-765 Approved for Indian National

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

Error Found in USCIS Ruling Results in Green Card Approval Feasibility

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.(Back to Top)

Japanese Client Gets I-140 and Green Card Approval

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 14th 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 3rd, 2008 we received his I-140 approval and two months later we received the Green Card approval for him.(Back to Top)

I-140 or Non-Immigrants and I-485 Approved Quickly

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.(Back to Top)

Green Cards Received in Three Months!

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!(Back to Top)

Outstanding Neurologist Gets I-140 After Decision Reversal

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 attorney along with one of our senior paralegals 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.(Back to Top)

H-1B Approved in Timely and Efficient Manner

In June 2001 a machine supply company retained us to apply for an H-1B (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 H-1B was approved in only two months. In 2004 we helped them get the H-1B 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 H-1B 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 H-1B visa expired we had already filed and got approved for the extension of the H-1B 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 H-1B. Since now he is approved as immigrant worker, his H-1B could be renewed as many times as needed until the Green Card is approved. Therefore, in May 2008 we filed for an H-1B 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. (Back to Top)

Green Cards Received for Chinese Couple

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.(Back to Top)

Doctor from Pakistan become Long Time Green Card Holder

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.(Back to Top)

Green Card Within Reach After We Review Client’s Case

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.(Back to Top)

Tough H-1B Process Ends in Approval for Indian Chief Tech Officer

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 H-1B (temporary work) visa. We helped him renew the H-1B to the maximum possible, and also helped him recapture some months for the period of time he was away from USA. After his last H-1B 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 H-1B. 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.(Back to Top)

Indian Physician Gets I-140 Approval

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.(Back to Top)

Turkish Network Administrator Gets I-140 Approved

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 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.(Back to Top)

Pathologist Gets H-1B Renewed

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 H-1B visas.(Back to Top)

Electrical Engineer Gets I-140 Approved

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.(Back to Top)

Physiologist Gets I-140 Approved in Timely Manner

In 2001 our Indian client came on an F-1 (student) Visa to follow her Masters 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.(Back to Top)

Masters Student Gets I-140 Approved

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 H-1B 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.(Back to Top)

Couple from Iran Receives Green Cards

This married couple came from Iran in May 2005 with an H-1B (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 H-1B 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.(Back to Top)

Restaurant Chef Gets I-140 Approved

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.(Back to Top)

Research Technologist Gains Green Card

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 H-1B visa and H4 for his wife, so he would not lose status.

The problem was it would be the 7th 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.(Back to Top)

Nigerian Entrepreneur Gets Green Card

We were hired by a Nigerian entrepreneur to help him with several consecutive cases, including his H-1B 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(Back to Top)

Family of Polish Client Gaining I-485 Statuses

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.(Back to Top)

Chilean Electrical Engineer Gains an I-140 and I-485

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.(Back to Top)