Dr. F, Ph.D. receives a non-recommendation for reappointment
Dr. F, Ph.D., came to the U.S from China ten years ago on an H-1B visa (Petition for Non-Immigrant Worker). He worked for an American university as an assistant professor and “outstanding researcher” in the field of electrical and computer engineering. Dr. F’s ultimate goal was to become a permanent resident of the United States.
Two years ago, he consulted with us because he had received a letter of non-recommendation for reappointment from his employer. He was worried this meant he would lose his job.
He asked us to file an I-485 (Application to Register Permanent Residence or Adjust Status) for him. His employer had already filed an I-140 (Immigration Petition for Alien Worker) under EB1-B (Employment-Based Immigration) and that had been approved.
Time is always of the essence for immigration cases
Our highly skilled attorneys know the intricate details of immigration law and therefore feel obligated to let clients know what can be done to help them achieve their goals as efficiently—and quickly—as possible. His attorney, Marisela Marquez, advised Dr. F that Premium Processing (expedited processing for certain employment-based petitions and applications) would be wise. Because he thought he was going to lose his job, she also discussed filing an EB1-A/EB1-1. After a few weeks, Ms. Marquez contacted Dr. F because she hadn’t heard from him. He told her his employer had extended his job for another year. Upon that news, she discussed the possibility of filing a writ of mandamus in Federal Court to push the I-485 along. Dr. F told her he wanted to wait a few months to see if it was approved on its own. He also told us that, to be on the safe side, he was going to begin searching for a job at another university, as he wasn’t confident his employer would keep him on after the next year. Dr. F consulted Ms. Marquez every few months when he had a question or update. Last year, he contacted her to tell her he would soon be starting a new job at another university that was very similar to his current position.
Follow-up is necessary
Ms. Marquez heard from Dr. F again just a few months ago after he received a Request for Evidence (RFE) on his I-485 and a Supplement J from USCIS. The Supplement J is a Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)s. He wanted our help, so we prepared the evidence and Supplement J and filed on behalf of the client. Our hope was that USCIS would decide that his new employer would not have to file an I-140 for him since his previous employer had—and it had been approved. Soon after, we were happy to receive an approval notice. This meant it wouldn’t be necessary for Dr. F’s new employer to file an I-140; it had been established that his current position was of a similar occupational classification as the previous one.
Dr. F’s green card has now been approved and he can continue to live in the United States permanently without fear of losing his status if he loses his job. He is now contributing to his adopted country by educating young minds for the future and advancing human knowledge through his scientific research.
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