2nd 485 interview at local office....EB3, India ....priority date of MAy 2006.

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kiranmm13

Registered Users (C)
Hello all,
Priority date of my and wife's AOS/485 application is May 2006 and we are in the EB3 category, country India. Wife is dependent on my application. We applied for 485 in the July 2007 month.

We have already had one 485 interview and the regional office in April 2009 and the interview guy said everything looks good and the file is ready to be approved you just have to wait for the date to get current. And now we got another interview notice for end of january 2011 wonder why 2 interview request. is there anyone who has had 2 interviews, I would be surprised to see my green card getting approved soon.

I was working for the company who filed green card till july of last year and then I changed my employers/job in similar to same position. I had plans to join my petitioner employer again this month so we never filed AC21 would that be an issue during interview?

I have all the documents ready from last time, just wondering two interviews that is interesting.

Please share your thoughts and advice.
Thanks a lot in advance.
 
I am making a list of documents to take to the interview, the notice/receipt talks about sponsorer and petitioner, is the sponsorer and petitioner your employer who has filed for your 485? I am currently with another employer for last 5-6 months, please let me know.
 
kiranmm13 said:
I am making a list of documents to take to the interview, the notice/receipt talks about sponsorer and petitioner, is the sponsorer and petitioner your employer who has filed for your 485? I am currently with another employer for last 5-6 months, please let me know.
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if employer A filed LC and then I-140 then employer A is petitioner for your I-140 and LC and I-485 is filed by you.
if you are not working with employer A and are working with B and are eligible for AC21 then take the same similar job offer letter from B with similar job duties at the time of interview so that you can update USCIS officer and invoke AC21. for more info talk to employer B lawyer.
 
Thank you ginnu for your answer.

Yes employer A filed my LC and 140 and it is all approved, and 485 is filed by me. Currently I am not working with employer A but with employer B, employer B does not have anything to do with the immigration process (working using EAD).

So I do not need anything from employer A right now for this interview?
I just need to get a similar same job offer letter from employer B?
I have not filed anything with USCIS after change of job, would that be a problem or can I onvoke AC21 during the interview? Is there any form that I need to print out for that?

Please let me know. Thank you again so much for your answers always.
 
SEE: http://www.uscis.gov/USCIS/Laws/Mem...a/Archives 1998-2008/2005/ac21intrm051205.pdf

One small excerpt:

Question 3. What is “same or similar” occupational classification for purposes of I-140 portability?

Answer: When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:

A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.

B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.

C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).
 
kiranmm13 said:
So I do not need anything from employer A right now for this interview?
I just need to get a similar same job offer letter from employer B?
I have not filed anything with USCIS after change of job, would that be a problem or can I onvoke AC21 during the interview? Is there any form that I need to print out for that?
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You don't need to provide anything to USCIS for AC21 unless specifically requested (although some feel it is better to proactively send the info to USCIS). So you can wait until the interview. There is no specific form for it. The job letter from B will need to include a description of the job duties (and it should not look like it was copied verbatim from company A's job description).
 
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Thank you Jackolantern and BigJoe5,

I will get a letter from my current employer and see how the interview goes. Thanks a lot for your inputs.
 
kiranmm13 said:
Thank you ginnu for your answer.

Yes employer A filed my LC and 140 and it is all approved, and 485 is filed by me. Currently I am not working with employer A but with employer B, employer B does not have anything to do with the immigration process (working using EAD).

So I do not need anything from employer A right now for this interview?
-------------No (if you dont want to join him after I-485 approval)
I just need to get a similar same job offer letter from employer B?
-----------------Take employer B Permanent job offer letter with same/similar job duties. letter should have Date on it, job duties, your job title and the date you joined and your salary.
I have not filed anything with USCIS after change of job, would that be a problem or
can I onvoke AC21 during the interview?
-----You can. give the new employer job offer letter at the time of interview.
Is there any form that I need to print out for that?
----------No Form for AC21.
Please let me know. Thank you again so much for your answers always.
Click to expand...
Good Luck and update us after your Interview.
 
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