CASE: I-485 Adjustment of Status Based on Approved I-140 (EB-2)
EMPLOYER: Sales Leads Provider in Omaha Nebraska
BENEFICIARY: Nepali Senior Software Developer – Web Application
Our client is from Nepal, who is currently working in the United States as a Senior Software Developer under F-1 (OPT) status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Master of Management Information Systems degree in the United States. After talking to our client, our firm concluded that his employer can petition him as a Senior Software Developer – Web Application. Based on our client’s educational, professional and work background, our office determined that he is clearly eligible for EB-2 classification.
Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On September 29, 2015, the prevailing wage request was filed. After we obtained Prevailing Wage determination, our office filed the job order on December 11, 2015. On March 9, 2016, we promptly filed PERM. Eventually, on June 23, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali beneficiary.
We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents.
The I-140 Petition was filed on July 26, 2016 via premium processing service. Eventually, on August 8, 2016, the I-140 EB2 Petition for our Nepalese client was approved without any Request for Evidence (RFE).
When we filed his I-140, our office concurrently filed an I-485 adjustment of status application for his green card. However, on March 29, 2017, the USCIS issued Request for Evidence (RFE) and asked our client to submit the document to demonstrate his authorized employment. Our office filed Response to RFE immediately. Eventually, on May 3, 2017, his I-485 adjustment of status application was approved by the USCIS. Now, our client is a green card holder.