AC21> 180, I485 Approved after interview at Boston

G

GC_by_2003

Registered Users (C)
First, thanks to Rajiv Khanna for maintaining this wonderful forum and thanks a lot to members and volunteer moderators for answering questions.

Case Background:
----------------------
Labor filed : Oct. 2000
I140 Approved: Nov. 2001
I485 RD : 23 Jan. 2002
ND : 04 Feb. 2002
3EAD's 3 AP's
Oct. 2002: Laid off by Sponsoring company
(Title 'Software Engineer')
Nov. 2002: Got new job same job profile different title
('Systems Analyst')
RFE: Oct.2003
RFE Replied: 3 Nov. 2003
Transfer to local office : 25Nov. 2003
Interview letter date: 15 Dec. 2003
Interview Date: 7th April 2004
Approved/Stamping date: 7th April 2004
Stayed at the same address through out the GC process
Did not inform USCIS when changed job using AC21

Spouse Details:
-------------------
Wife applied for I485 2 months latte then me since she was in India for vacation at that time of my applying I485.
I485 RD: 1 Mar 2002
ND: 12 Mar 2002
3 EAD's, 3 AP's
She did not get interview letter with me. Only I got the interview letter with my A# and name. Called NSC to check where her file is - they just read out the message from web "on XXX date
your fingerprint was received...blah..blah..processing resumed on your case".
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PART I : Interview Experience
-------------------------------------
Date: 7th April 2004, Time : 1 PM EST, Room #: E170, JFK Building, Boston

Arrived at JFK building at 12 noon, went past standard security check at the gate. At room E170, showed the letter, did finger printing in a form, then IIO called at 1.10PM.

Took Oath to tell the truth. Interview was normal and it took about 20 min. The officer asked for:
1. Passport
2. I94(Arrival/Departure Record)
3. Employment Letter (original)
4. Tax returns for 2002 (copy) - since I had the latest returns for 2003 I gave that to him.
5. Drivers License (copy)
6. EAD (original)
7. 2 Photos Right side pose (just because he saw that in my file, he asked for it and took it)

That's all he did not ask for medical,SS# card, pay slip, AP or any other documents. During the interview he asked the standard questions like have you been arrested, deported etc..answered
'No' to all. He then verified my address, nationality, country of birth.

Since my case is AC21 > 180 days, he asked - what's my salary at the sponsoring company (company A) - I said x amount. He then matched it with my current employment letter (from company B). My current salary was 4.5K more then the last salary I got from company A. He said it's more or less same and that's ok. Actually my current salary was 9.5K more then that was promised in Labor. (At the time of layoff from company A, my salary was 6 K more then the amount mentioned in Labor).Then he asked about my title and job duties. My title in company A was 'Software Engineer' but my title in company B was 'Systems Analyst'. I said the job duties are same. He said ok. The IIO was very friendly and polite. The whole conversation went well with out any tensions. Most of the time he was flipping the pages of my file and asking questions. He didn't even look at my face (except for one or two times). Then he asked me to wait to outside.

After 5 min , He came back with my passport stamped with I551 valid for 1 year and said "You are all set. You will get the actual card in 3-6 months". He cancelled my H1B (from sponsoring company , company A) in my passport.

My wife’s case file is still in VSC it's not yet transferred to Boston. So she has to wait for some more months. I received only one interview letter with my A# and name. I did take my spouse with me to interview to try my luck but found out from IIO that her case file is still in VSC.(I will give a separate details on this in - PART II)


Regarding how to guess if IIO is approving your case:
My guess is - if he had taken back your I94, EAD and/or AP then that's a good indication that he is approving the case same day.

Regarding should one take Lawyer for the interview :
I did not take my Lawyer with me since he is based in New York and he asked $1500 flat rate for fees including one day hotel stay, transportation cost. Unless your case is complicated like out of status, changed address 3-4 times, changed companies 3-4 times etc..there is no need of lawyer I guess (just my opinion).

Regarding Salary difference in Labor and actual salary:
Salary of 10 K more then the labor should be ok I guess based on my experience - though it can depend on IIO to IIO.

Some Interview Tips: Wear a formal coat/suite/tie. Organize your document is a good portfolio folders and make it presentable. Above all put up a positive posture and appear confident and
don’t be nervous.

The documents that I took with me:
(both ordinals and copy)

1. Interview Letter
2. Latest Employment Letter
3. Passport / I-94
4. Medical Copy
5. I 485 Related
- I485 Receipt
- I140 Receipt
- Latest EAD
- Latest AP
- 2 Photos (right side pose)
RFE Related
- Termination letter from previous employer if possible (for
AC21 case)
- RFE copy (if you got a RFE before interview)
- Company Financial statements/ flyers
6. Drivers License
7. Social Security Card
8. Tax Return Transcripts last 3 years
9. W2 last 3 years
10.Pay slip for last 3 months
11.Birth Certificate
11.Marriage Certificate
Marriage photos
12.H1B Receipt
13.H4 Receipt (for spouse)
14.I134 Affidavit of Support
15.G325A - Biographic info.
16.Proof for Spouse Living together
- Joint bank account
- Rental Lease Agreement
- Term/Life Insurance
- Same Credit Card/ Medical Card(Health Insurance) with spouse name
17.Degree certificate with Transcripts
18.Chidren Certificates
- SS number
- Birth Certificate
- Passport
--------------------------------------------------------------------------------

PART II : Tracing my Spouse File
-----------------------------------------
I took my spouse too with me for the interview even though I received interview letter only for me. In the Room # E170 reception, I showed the letter, they asked to do the finger printing in the form(Form I-89 or somthing I don't remember). I did for me and my wife. Then came back to reception and
submitted the interview letter with my finger print form and spouse fingerprint form. The Lady asked why 2 FP forms. I said one for me and one for my wife. She then said there is only one interview letter. I said yes, but my spouse is a 'derivative adjustee' - she appeared confused and accepted the form. Then
she kept the interview letter and FP form in the box inside for IIO to take.

At 1:10PM, IIO called my name. My wife also came with me. IIO said, he did not have her name today for the interview. I said she is my dependent and derivative adjustee. He said he would
check her status and asked her to wait outside. He took me in to his room and asked if she has a A#. I gave him her I485 receipt. In his computer he typed in her A# and checked the status. He
said the file is still in VSC. (he said to himself with some annoyance that VSC should have transferred her file along with my file). He then took out a print out of my details and her
details and made a copy of her I485 receipt. He said he is going to request VSC to transfer her file to Boston. He said it will take 6 weeks for file to arrive and another 4 months to schedule an interview - that is around Aug/Sept. 2004 time frame. At least now I know where her file is and some hope is there. She has to wait another 6 months or so.

Then he started interviewing me as described above in PART I

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PART III: AP Advice for spouse
--------------------------------------

We want to travel to India to attend my Sister-in-law's marriage. We are planning to leave 29 May 2004 and return by 30 June 2004.

I am all set with the stamping so I can travel freely. My wife has a valid 2nd AP till 14th July 2004. We are planning to come back by end of June 2004 well before the expiry of her 2nd AP.

In the mean time, since she did not receive her interview letter, I applied for 3rd AP for her in Jan 2004 and got a receipt from VSC (29Jan. 2004). Still we haven’t receive the 3rd AP.

Question:
------------
Is it ok to travel with her second AP (multiple entry valid till 14July 2004) and come back by 30 June 2004?

My worry was, I read some threads in this forum by member “Poongundranar” that one should not leave the country
when your current AP is pending - that is at the time of approval of AP (regardless of renewal or new), one has to be in the country. Gurus please advice.

I would be glad to answer any questions on PART I and PART II. I will be replying only at the end of the day after office hours for any questions, since my company has a strict net browsing policy

Thanks
 
Get the another AP local Office

hey GC_by_2003,

Go to the local INS get new AP for your wife.
no hassle. you will get it same day
why you want to take risk matter of $110
 
So, it took 6 months for Boston AOS for an interview?

I will be filing i485 in couple of months at Boston, do you expect it to be 6 months to get an interview?

Thanks
 
Mo007
If you are directly applying to local office in Boston then they may have a different schedule I guess.

In my case, I filed I485 at VSC. It was then transferred to Local office for interview. Going by experience of people in this forum, it takes about 6-8 months for interview.
 
congratulations GC_by_2003

Do you know whether they allow kids below 2 yrs old during interview? I have interview scheduled in August 04
 
RM2002,

I think yes if you are appearing for the interview with the whole family. I have read postings in this forum that persons went with their kids for the interview.

Please search the local office transfer thread and read about others experience.

In my case, only I was interviewed , my wife and daughter had to wait outside since my wife did not get the interview letter to be interviewed with me.
 
GC by 2003

Thanks for your response. myself and wife both got interviews. However kid was borned here and hence no need for him all these stuff. I will look in this forum to see if they allow the kid as well
 
Hi GC_BY_2003,

Congrats!!! on getting ur GC approval n stamping. It will defnitely help many other people. Looks like INS is working very fast. We have got the approval of GC last month, In less than 3 weeks we got our plastic cards too.

All the best.
 
GC_BY_2003

Congrats

I know this depends in IIO but what is your impression if salray is way more than LC using AC21 after > 180 days.

ex: LC salary is 55k present salary is say 100 to 110 k
 
Thanks for your wishes CamSreeni

hmd and OBender

I really don't have an answer for your question on huge salary difference. In my case there was only 10K higher then what was mentioned in the labor. Based on my experience I can say an increase of 10-15 should be ok. A salary of almost double like 55K to 100 or 110K may come under review (I am just guessing). You should find ways to convince the IIO if he ask the question on huge salary rise.

You can come up with reasons like - you company is a good paymaster and it rewards employees for hard work and performance. Also your labor would have been filed before 3-4 years at that time market rate for your position is around what is mentioned in labor (55k) and now the market rate has gone up for your position/title since filing labor. So come up with reasons and prepare some convincing answers.

Above all, search this forum for people with similar cases. Good luck.
 
Thanks GC_by_2003

I guess your right hopefully the Officer will be convinced with the answers .

Very nice of you to post your details which will help other members and Good luck to you


hmd
 
GC_by_2003::

My salary in LC is 96K for "Software Engineer". my current real salary is 70K ... what is your advice.. please guide me on this.

thanks
dashDurai
 
dashDurai

There is no clear cut guidelines in AC21 memo about the salary increase/decrease. If you search through this forum, you will find AC21 cases got approved with a less salary then labor as well as more salary then labor. Please look at this dedicated link for AC21 discussions:

http://www.immigrationportal.com/forumdisplay.php?s=&forumid=121

and also senior member and eligible volunteer "pingpong02","Waytoolong" and others have prepared a dedicated link for most common issues. Check out this link:

http://www.immigrationportal.com/showthread.php?threadid=93273

scroll down and you will see good discussion threads on AC21, AC21FAQ's, AC21 success stories.

As you could learn from others experience there is no clear cut answers for the salary issue. In my case, my salary was 10K more then labor and only 4k more then the last salary from the old company. If IIO ask that question on salary increase, this is what I prepared to tell: "My new company did a performance appraisal for me after I completed one year. They found my contribution to the team/company as valuable. To recognize my work, my manager suggested the management to increase my salary from the following year as per company guidelines". But IIO did not ask more details.

So please come up with convincing reasons. In your case you can say, your company had to do a salary cut across the board to cope up with bad economy etc....Market rate for your position in your area went down...things like that.

Spend time and keep searching this forum for AC21 cases. You will come across cases like yours.

Thanks and Good luck.
 
Hi GC_by_2003:::

Thanks for your response...

don't worry your wife will be approved

BTW: you told your case was transfered to Boston.. then why your wife case transfered to Missouri?

any reason? are you moved already?


thanks..
 
Thanks for your wishes.

I did not move. I am staying in the same address in Boston for the last 5 years. Even i was shocked after seeing the transfer to MISSOURI for my spouse's case.

After searching the forum, I came to know that these days VSC is doing that to reduce the backlog.

There is a separate thread for MISSOURI transfer at:

http://www.immigrationportal.com/showthread.php?s=&threadid=114406

If you are interested in take a look at the above thread and see how they goof up things.
 
Here is an Update:

I got the physical Green Card on 11th May 2004. I received the record creation letter for Lawful Permanent Resident letter only two days ago (10th May 2004). The very next day the GC was in the mail box.

This brings the end of a long torturous journey. But the journey continues for my spouse whose case is transferred to Missouri.

Thanks to all
 
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