A memorable case – today we won the Green Card after 6 years of painful wait.

Immigraton Lawyer

It was November 2005, I had just opened my law firm when a young client knocked at my office door. He just wanted some information on the labor certification process (Department of Labor). The labor certification (A.K.A PERM Labor) is a required procedure to move forward through a green card unless you are eligible for a national interest waiver or an EB1 application. There are few other exceptions but generally the PERM process is the most common process to reach the goal of a permanent residence. The young client mentioned that his company had already filed a labor certification on his behalf but his wife wanted to know if our law firm could file one separately for her. She wanted to know if 1) it was possible and 2) how much time it will take to get the approval on a labor certification. I sat the client down for few hours and ultimately explain the entire process. Note that she was on H4 and since it is an H visa (with dual intent), she could definitely file for a permanent residence.

At that time the process typically took around 45 days to 3 months after filing to get an approval. She was wondering what will be the advantage of filing the labor certification. I told the couple that it will be an advantage since you never know in case the first labor certification gets rejected or something goes wrong. Therefore, I advised them to move forward with the wife’s labor certification. In the beginning they were skeptical and wanted to think about it. Ultimately they decided to go forward. At this point, I started the process which are the recruitment requirements as per DOL instructions including advertising and posting on “Caljobs”. Luckily this application after filing took only 48 hours (not 45 days) to be approved under the EB3 category. The client was very happy. We then proceeded with the next step which was the form I-140. We completed the form I-140 including working on a difficult ability to pay issue. After a few months, the I-140 was approved.

In around 2006, the husband’s company who filed a separate I-140 for him, closed down. Fortunately he was still on H1B, so he was able to transfer to another company. Unfortunately he lost any sort of possibilities of using the company to obtain a greencard.

In July 2007, there was a fabulous jump in the Visa Bulletin which made all the categories current for all the countries in the world. We took advantage of the situation and filed adjustment of status (form I-485) for the couple. This enabled both to get a work permit. However, since the labor certification was under EB 3 category and the couple was born in India, they both have had to wait to get their permanent residence.

At a later, stage the new company where the husband was working decided to file a labor certification under EB2 category. This labor was approved. Soon the I-140 was also filed. Last month priority date from the State Department made the husband eligible to file for I-485. Since the couple had actually already had adjustment of status form I-485 with the wife’s petition, attorney Hasan Abdullah, decided to write to the USCIS and ask them to transfer the I-485 from one petition to another. This request was approved and today we just received an email that the client was granted permanent residence.

Congratulations to our team for a job well done!

Shah Peerally, Esq.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.


For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn.  Shah Peerally Law Group PC deals in immigration law  - www.peerallylaw.com and www.immigrationlegalblog.com

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

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