Anyone from Philadelphia region - For AOS

Interview Done - no approval

Hello all,

I got my interview done at Philadelphia center. We were interview by a very dry and frustrated (with her life) person.

We went 30 mins before time @ 8:30 AM then waited as time was for 9:00 AM. The officer came out at around 9:45 AM. She called my name (wrong obviously) and then took us in.

She started asking many questions like

when were you married, where, How did you meet? Asked for marriage pics and other regular stuff for proof of joint living

Then she said my social security number is wrong and they do not have my record in the system..

I gave her my SSN 3 times but she said it is wrong, I did not know what to do. I gave her all the proofs I could (SN card, insurance papers, 401 K papers etc..) then she goes ok your SSN is blah blah.. and that was the correct one.. I still do not understand how she said it was wrong one.. But as we all know Immigration officer is always right.. she/he can never make a mistake..

Then she started doing something on the computer and said that in their record I was living in USA illegally.. I was SHOCKED...!!

I gave her all the proofs of my H1 and then she said.. ok she will clear the confusion.. She was herself confused..gave me a heart attack.. :mad: :mad: :mad:

Then she said my FBI name check is pending.. she can only approve my I-130.. I will have to wait for few months before I get any papers..

I tried to ask her a question and she got very irritated and said, do not speak.. let me finish what I am doing. ..

Then after few minutes what do you want to say.. I asked about EAD.. she goes you should know this already.. ok then ..

I can not believe we still have this type of people who have power to decide our lives.. I can not describe how bad her attitude was and how irritated she was on god knows what...

Anyway.. please suggest what should I do now.. I have I-130 approval but pending I-485.

Thanks
 
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Sounds like you may have had the same interviewer as I did. I got the third degree on some weird stuff as she looked at her computer confused as well. She kept asking me what my eye colour was!

Sorry you're in name check. That sucks, hopefully it will clear soon. Good luck.
 
pankaj,

Sorry to hear what happened to you. It makes me worried me as well. I am also from India and on H1B. Based on my understanding, till AOS is approved you can continue using EAD or if you havent used your EAD but are working on your H1, then you can continue on H1. I pray that your case gets approved soon.
 
Thanks Andy,

I am using my EAD now. Actually when you go to interview then officer will take your H1 and that means you no longer have H1 status after that. I can only work on EAD now and if I need to go out of the country I can go on Parol visa.
 
They canceled your H-1B even though you didn't get approved? I don't think that should have happened.
 
Congratulations on the interview and welcome to name check hell :(

Not sure if you got your EAD questions answered. EAD is valid for a year and the USCIS site is currently recommending applying six months in advance for the renewal with the processing time being about three months.
 
Yes, I am in Hell

Thanks jimothy, I did not know about this 6 months thing.. some people were suggesting about the 120 day rule.. I think I also read some where that it is suggested to apply in 120 days in advance.. Some people on this website listed that when they applied too early.. they got same EAD again with same dates as USCIS get CONFUSED (what a surprise..) and thought that EAD is lost and gave same dates...

Pls don't think that I am trying to refute your argument, just sharing my knowledge with you. The knowledge which I gained through this website.

Dr. Iha, the H1 is taken back when you go for interview, I even asked the officer.. she took my H1 - I94 and said that now you have no longer H1 as your case for I-130 is approved and now you can only work through EAD.. Can no longer have H1.. so no confusion in that. I have checked about this with a attorney also..
 
I am not sure about applying but I was on H1 b and officer told me that I can no longer have this status.. she kept the original I-94..

May be it is because I applied for EAD..??? I am not sure here..
 
pankajkandhari said:
I am not sure about applying but I was on H1 b and officer told me that I can no longer have this status.. she kept the original I-94..
Click to expand...
She should only have done that if your AOS was approved.
May be it is because I applied for EAD..??? I am not sure here..
Click to expand...
If you've used EAD then that invalidates H-1B, otherwise it remains valid.
 
I think the officer knew that I have EAD.. she did not tell any details though.. She just said since now you have EAD, I am going to keep your H1
 
Hi
I'm stuck in Name check as well just as so many other Indians are....

I had my AOS interview on 12th OCt and the interviewer kept my I94 as well but didn't say anything about H1b
As far as I know as long as AOS is pending and you havent used your EAD
you can work on H1b
And I'm working on my H1b as we speak.......
 
I think it's advisable maintaining H1 status while AOS is pending, to have a non-immigrant status to fall back on should something go wrong with I-485.
But if you use EAD H1b is not valid anymore.......
 
Hi,

I guess I have lost that option as I have already used my EAD, my H1 was taken by the IO at the time of interview. I am not sure why she did that. I asked her and she said she will be keeping this as I have EAD now.

Anyway.. I am looking to find options on what to do at this point. When should I file lawsuit..

What about you? What is your plan?
 
Hi!

I registered a while ago but got busy with school. I live in Philly and plan to send my papers for AOS soon. If you have any advice for me provided that you interviwed in Philly and so will I, please let me know.

I was thinking to send I-130, I-145, I-864, G325, G325B and that's it. My status is F-1 (not visa) and I am currently on OPT. My work permit starts in mid February and is good for one year. I'm thinking that in the meantime my green card will arrive (I hope it will take less than 1 year really).

Has anyone travelled with their I-131 approved? I want to go home more than anything but I worry they'll turn me back at the port of entry without the actual green card.

Have you send the papers by yourselves or hired a lawyer? I do not know whether to hire a lawyer or not. It's so expensive but at the same time I feel like I could sleep so much better with one. Any advice?

Thank you and best of luck everyone!
 
Sorry Luci_merlion, I did not check this thread for few days. Yes I did file from Philly and interview in Philly.

The forms you have are alright but you can always check things in
http://www.immigrationportal.com/showthread.php?t=202993 and make sure you have everything you need.

I filed myself and have no lawyer.. I can't say if this is the best thing to do as I am stuck in Name check.. I am not sure if lawyer could have helped me with that.. but I feel you can discuss with a lawyer and ask, what happens if I get stuck and will you fight the case as I filled through you..see what he says.

Other than that it is very straight forward..

Let me know if you have any specific questions
 
Theres no set timeline, but you really can't even start to think about WOM until at least 12 months after your interview IMHO.
 
pankajkandhari said:
Hi,

I guess I have lost that option as I have already used my EAD, my H1 was taken by the IO at the time of interview. I am not sure why she did that. I asked her and she said she will be keeping this as I have EAD now.

Anyway.. I am looking to find options on what to do at this point. When should I file lawsuit..

What about you? What is your plan?
Click to expand...



Pankaj,
Did you hear anything yet? I'm still stuck in Name check rut and don't know when i'm going to get out of it Do you think a lawyer can help her to fasten the process o anything?
 
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