Approved at SFO Interview (EB1-OR & AC21)

freetrade

New Member
Both my wife and I got our passports stamped at the interview today. What a relief!! First and foremost thanks to everyone for all the posts - they quite literally were the only source of reliable information.

History:

* EB1 Outstanding Researcher I-140 Filed Jun 2002, Approved Jan 2003. RFE issued late 2002 for additional research credentials; response submitted Jan 2003.

* I485 Filed Oct 2002 (Concurrent) (WAC-03-015-54XXX)

* Finger prints Dec 2002 & Aug 2004

* Case transferred to SFO Aug 2004

* Switched jobs Oct 2004 (after transfer)

* Interview April 18th 2005, approved & stamped at interview.

Main reason for transfer (at least from what I can gather): My immunization record was not complete at the time of filing I485 - I needed to get the 3rd HepB vaccination in 6 months, which I did on time, but lawyer suggested not to inform USCIS as they would loose it anyways. He wanted to wait for an RFE - instead the case got transferred for an interview! My guess is that as USCIS was under pressure to clear the backlog and as transferred cases are not counted against the backlog they were rampantly transferring cases for the smallest of reasons. I think this was confirmed by new regulations issued in Jan 2005 that require supervisor approval before a transfer.

Interview experience
In addition to the usual proof of marriage, taxes, etc. they asked for *recent reference* letters and of course the I693 supplement (Vaccination record). We proactively submitted AC21 papers after the notice for the interview (DE6, Company income tax, same similar reasons ... etc.).

I took a lawyer to the interview and although in the end he did not have to do much, no regrets about spending the money. The interviewer was very nice and did not give us much trouble. Interview started 45 mins late and lasted about 1hr - most of the time spent shuffling through papers. By and large a fairly standard interview:

1. Proof of marriage: asked for daughter's birth certificate.
2. Looked at new company's DE6, income tax, my pay stubs.
3. Took all copies of tax returns (we took 2004 taxes too)
4. Did not dwell on AC21 at all! The lawyer just said once that I accepted a same and similar job.
5. Did not ask for or even look at the recent references I carried. . I also had a host of papers that cited my work, proof of participation at international conferences, proof of reviewer - did not ask for any of it! Lawyer was anyways prepared to say that he should not be adjudicating I140 again, but we were still prepared to show proof.
6. Verified our legal stay as students and then on H1s - took photocopies of all that paperwork.
7. Asked for I693 supplement.

Getting the visa number and stamping the passport took quite some time, but, hey, we were happy to wait.

Thanks again to everyone for help in maintaining such a great resosurce. I am off to make my donation to immigrationportal (is that still active?) - want to make sure that people like Rajiv keep reminding USCIS of their duties.

Signing off now!
 
freetrade said:
5. Did not ask for or even look at the recent references I carried. . I also had a host of papers that cited my work, proof of participation at international conferences, proof of reviewer - did not ask for any of it! Lawyer was anyways prepared to say that he should not be adjudicating I140 again, but we were still prepared to show proof.

Signing off now!

How many letters did they ask for? Did you ask the same person who wrote for you I-140 to write or different one? this sounds really wired, my I-140 was niw and really don't want to bother the professors to write for me again!
 
They did not mention number of letters. The interview letter just says:

"... current letter of employment stating position, duties and salary, and current (bold in the letter) testimonial letters of peers, national and international organizations and evidence of participation in events that can support your claim of an alien of outstanding (extraordinary crossed out by hand and replaced with outstanding) ability."

My lawyer advised 2 strong letters that talk about work since I140 was approved. I ended up taking 3 letters that talked only about work I did in the last couple years and 4 boiler plate letters from people who wrote letters for me for the initial application. In all 7 letters - 6 from people who gave me letters the first time and one (detailed) from a new referee. It was a total pain collecting all this. Plus I got copies of papers, conferences, etc. But the interviewer did not even bother to ask for any of it!

My lawyer wanted us to be ready based on what was requested in the interview letter but was prepared to not let it go too far saying that this was time to adjudicate I485, not reopen I140 - but we obviously did not get that far.

See post by SFO485 for his experience in the EB1-OR category.
 
Hi NIWcon485
I assume you also applied NIW for I140 and concurrent I485 filing. My case is also similar, got my NIW based I140 pproved and case transfered to San Jose last December 2004 - waiting for interview. Do you think we also required to prepare additional reference letters before interview?

EAC0413
Transfered to San Jose: 12/17/2004
 
yes. NIW and 485 were concurrent filed. I agree with freetrade, It's not time for them to re-adjudicate NIW. But if they do ask for letters in the interview notice, I'll have to bring a lawyer to the interview. I have new publications in this three years but don't want to bother ppl to write for me. If they do ask, I'll try to collect 1 or 2 letters.

my case was transfer from CSC, so I really don't know what could be the reason. yours seems obvious, you moved out of the previous service center,right?



MMR2005 said:
Hi NIWcon485
I assume you also applied NIW for I140 and concurrent I485 filing. My case is also similar, got my NIW based I140 pproved and case transfered to San Jose last December 2004 - waiting for interview. Do you think we also required to prepare additional reference letters before interview?

EAC0413
Transfered to San Jose: 12/17/2004
 
from previous posts, I got an immpression that san jose office schedule interview really fast, It's bad to know that you've been waiting for a few months. But I think your time should be coming soon. Please keep me post if anythiing new. thanks.
 
Hi NIWcon485
Yes, my case is transfered from VSC. I don't know the reason for delay. I already made two inquire about my case - no reply. Expectig an interview in near future. I like to know, when did you file you I485 ? I will also prepare few letters before the interview. I didn't know they will look for such information again. Hopefull everything will go smoothly. Keep in touch. Thank you.
 
NIWcon485:
I took an infopass appointment to my local office. They will collect all the information from you and fill a inquiry form. You can also call the Customer service number.
 
Thanks.
MMR2005 said:
NIWcon485:
I took an infopass appointment to my local office. They will collect all the information from you and fill a inquiry form. You can also call the Customer service number.
 
got interview letter today

very similar to freetrade's letter. Besides all the standard item, I was asked for current reference letters from peers, and evidence to support the NIW.

I'm thinking of bringing just one letter with all my publications published during the 3 years' waiting period. really hate the letter thing, but happy for getting the interview after 2 months waiting.
 
just noticed the letters were singed by the same officer who signed freetrade's letter. Hope I can have a similar interview experience as freetrade too.
 
passport stamped today

I didn't bring an atterney with me. the officer did ask for the letter about NIW and one letter seems enough to make him happy. I showed him my new publications too and he collected all of them.

Thanks freetrade for starting this thread and good luck to ppl who is still pending.
 
Congratulations
I also got the interview letter, but it is at Baltimore office. They didn't transfer the file to San Jose. The interview got cancelled and file will be tranfered to San Jose (???). Did you have to produce a new medical examination record? What type of questions were asked in your case? Some more information will be helpful. Thanks.
 
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