CASE: I-485 Adjustment of Status based on Approved I-140 (EB-2)
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Nepali Dentist
Our client is from Nepal, who is currently working in the United States as an associate dentist under an F-1 (OPT) status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Surgery degree in the United States. After talking to our client, our firm concluded that her employer can petition her as an associate dentist. Based on our client’s education, professional and work background, our office determined that she is clearly eligible for EB-2 classification.
Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On September 15, 2015, the prevailing wage request was filed. After we obtained Prevailing Wage determination, our office filed the job order on November 30, 2015. On February 22, 2016, we promptly filed PERM. Eventually, on June 14, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepalese beneficiary.
We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents. The I-140 Petition was filed on July 11, 2016 via premium processing service. Eventually, on July 21, 2016, the I-140 EB-2 Petition for our Nepalese client was approved without any Request for Evidence (RFE).
Our office filed his I-485 application along with his I-140 petition concurrently. However, on January 23, 2017, the USCIS Nebraska Service Center issued Request for Evidence (RFE) and requested our client to submit the updated employment letter. Our office filed the response to RFE on February 15, 2017. On March 3, 2017, the USCIS approved her I-485 application as well. Now, she is a green card holder.