Last week our office received a notice from the USCIS notifying that our appeal to the USCIS’ previous denial to an outstanding researcher EB-1 petition was granted and the case was reopened. Most surprisingly, while the Order stated that “the grounds originally stated in the denial have been overcome and a new decision will be entered…….”, we received the I-140 approval the second day, meaning that the USCIS approved the I-140 petition almost the same day it is reopened. Consequently our client has also been notified that the I-485 he concurrently filed with the I-140 has also been reopened on the USCIS’ motion.
What a success and a sweet result for our client!
This case involves a high-ranking research manager of a major computer company. He changed employment to a smaller company in a same position after his I-140 outstanding researcher petition was pending for over 180 days.
After he changed employer, we filed the notice and proof of new employment to the USCIS and asked the USCIS to continue processing the I-140. However, the USCIS denied the petition citing the change of employment as a ground.
Upon learning of the denial, we immediately filed an appeal to the AAO (Administrative Appeals Office). In the brief for appeal, we set forth all the relevant laws contained in AC 21 (American Competitiveness in the Twenty-First Century Act of 2002), and cited memos released by the USCIS. We argued that the petition can be “ported” despite of the change of employer. We also argued that the denial is in violation of the law and should be revoked. We emphatically pointed out to the USCIS that the portability provision of AC 21 is not limited to labor certification cases as the examining officer interpreted the law. Rather, we argued, that it applied to I-140s filed by a new company for outstanding researchers. In its Order, the USCIS revoked its previous decision, and acknowledged erroneous application of law.
This is just one of many successes we have obtained for our clients and another example of the good work of our attorney. If you are applying for EB-1 or NIW, give us a call or send us an email as the help is right at your fingers.