CASE: I-485 (Based on Approved EB-3 I-140)
BENEFICIARY: Korean
LOCATION: Cleveland, Ohio
Our client is a former Taekwondo athlete, and is currently studying in the United States. He has a Taekwondo school which as willing to petition him for a third-preference petition (I-140). Our client has a bachelor’s degree in a related field. After talking to our client, our firm concluded that his potential employer can petition him as a Taekwondo Coach. Second preference petitions for Koreans are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s educational, professional and working backgrounds, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition. Our client eventually retained us on January 20, 2015.
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 February 25, 2015, the prevailing wage request was filed. After we obtained foreign degree evaluation report, our office filed the job order on April 21, 2015. On July 15, 2015, we promptly filed PERM. Eventually, on January 19, 2016, the PERM Labor Certification was approved – an EB3 position for the Korean 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 April 8, 2016 via premium processing service. Eventually, on April 13, 2016, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE).
Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on May 6, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.
Eventually, on August 15, 2016, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.