I-140/I-485 Adjustment of Status Obtained for Canadian Optometrist Through the PERM Labor Certification Process
June 21, 2011 - We were retained by this Canadian optometrist after clinical internships for H-1B visa application to accept a permanent position in Chicago. The optometrist was originally on the F-1 Student visa status with the Optional Practical Training (OPT) at the time. We submitted a change of status to the H-1B visa for her first employer, a small eye clinic, in Chicago. After several months in that position, she left and accepted another position downstate, Illinois to which we transferred her H-1B visa. With the new employment also, we submitted a PERM labor certification application to initiate the green card process, after appropriate recruitment efforts. The PERM application was submitted in July 2010 and approved in October 2010.

Upon approval of the PERM application, we submitted concurrent a I-140/I-485 green card application in the EB-2 category. Along with those, we requested a work authorization (EAD) and advance parole (travel permit) as we typically do in concurrent green card filings. The EAD card as well advance parole applications were approved while the green card petition was under review. For the I-140, we received a request for further evidence (RFE) from the USCIS asking that the employer prove an ability to pay the wage offered to the optometrist through tax returns and financial statements. Shortly we providing the requested information to the USCIS, The green card petition (I-140/I-485) was then approved on June 21, 2011.