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We filed an ETA 9089 (PERM) Petition by mail in July 2008, as the advertisements were expiring and DOL had a delay in registering the company's PERM account. A denial was issued on the grounds that the advertisements and prevailing wage were expired when the case was received for processing. Further inspection noted a typographical error by DOL in the year the case was received.

Indian-born client had I-140 Approved and I-485 filed through first Labor Certification case under EB3 with a 2003 Priority Date. He also filed an I-140 under EB2 with a Priority Date of 2006. Rajiv advised to file I-485 through 2nd Labor Certification, requesting Service to permit inheritance of the 2003 Priority Date to have a current I-485 case. Based upon the 2nd I-485 being filed and the EB2 category request, the client obtained his Permanent Residency 1.5 months after filing the 2nd I-485.

Indian-born client had I-140 approved under Category EB2 with Priority Date of 2003 and a pending I-485 case affected by retrogression. The client married a foreign spouse while I-485 was pending. The new spouse was born in Canada, a country not affected by retrogression in the client's category. We filed the I-485 for the new spouse and a request for cross-chargeability for the main applicant. The client's I-485 was approved 3 months after request for I-485 cross-chargeability and the spouse was approved 5 months after the I-485 filing.

We received I-485 RFE's for multiple pending clients where the sponsoring employer is located in State A and the applicant is living in State B. In such cases, USCIS requests justification for the discrepancy in locations. Citing to various section of pertinent legal code in our RFE responses, many I-485 applications have been approved within 60 days of RFE response submission.