In 2007, our law firm was retained to process a labor certification. The client was from the Philipines. After filing the labor certification, it was subject to a labor certification audit. Note that the audit was just a random one. After the audit, the Department of Labor (DOL) wrongfully denied the case stating that the recruitment process missed a certification that the was an internal posting. An internal posting is a requirement in the PERM labor certification process.
A denial was received on the case around 2008. We appealed the case. Attorney Shah Peerally, placed a declaration explaining the internal posting was done and that he has been doing PERM Labor Certification for years and have never had an issue with any internal posting. A declaration was also submitted from the employer stating the same. After two years of struggle the Shah Peerally Law Group PC won the appeal at the beginning of 2011 and the PERM Labor Certification was indeed certified.
At this point, there was a need to file the Form I-140 (employer’s immigration petition) with the USCIS. There was a major issue with the ability to pay and Attorney Ketki Buddhisagar, Esq. in our office handled the case with so much dexterity and legal knowledge, that we quickly received an approval on the Form I-140. Because the clients is on EB2 category and from a country where the visa is actually available, the client as well as his family are entitled to file the Form I-485, adjustment of status allowing all of them to obtain a work permit (EAD). Note that the client was already entitled to file the Form I-485, adjustment of status, but because of the possible issues with the ability to pay, the client preferred to wait to file for it. Soon we will be filing the adjustment of status and we are confident that at this point we will not have any further issues to obtain a permanent residence for the client and his family.
Our law firm is really proud of the outcome of this case because it required a lot of legal knowledge, confidence in our work but also a constant dedication to the client
Congratulations to the client and big cheers to attorney Ketki Buddhisagar, Esq. for work well done. Good job Ketki, keep it up!
For more information on the labor certification process, Form I-140 or adjustment of status, feel free to call us on 510. 742.5887.
*Important: The testimonials or endorsements on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Each case is different and success in one case does not warrant or guarantee success in other similar cases or situations.