Atlanta Local Office Processing

Similar Situation to my own

waitingforaos said:
I am totally stuck. My previous employer is not co operating as I am an ex employee and the new employer had made it clear when they hired me that “they have nothing to do with immigration”. Couple of questions.

You are in a very similar situation to what I am in. Read up a few posts where I was talking about my current employer being squirrelly about the EVL. They do next to nothing for immigration purposes. All my EVL states is that "This is to certify the TheRealCanadian is employed by XXXXXX as Java Programmer/Analyst. He is paid at a rate of $XX per hour."

Basically, you're going to need to prove to USCIS that you meet the eligbility requirements on your own. Do you have your original offer letter from your new employer? Do you have paystubs? A proper immigration format EVL makes life a lot easier, but it's not a requirement - especially since AC21 allows us to work for folks who ordinarily don't sponsor immigrants. AC21 places no requirements on the new employer.

AC21 – what should we say when they ask why we quit the sponsoring company?

The truth, the whole truth and nothing but the truth.

Any in site into AC21 would be highly appreciated. I am planning on taking my offer letter from new employer, all the pay stubs and bank statements showing the pay deposits.

Excellent. That should do the trick.

About the finger print…I think I will just go for the interview and see what happens then as I do not think I have any other option. Has anybody heard of a case being denied during interview?

No, most of the EB interview cases I've read on these forums seem to indicate that so long as you have a job that is close to what you were doing on the LC, they're fine.
 
thanks TheRealCanadian

For the precise and qquick update. Do you have a format of "? A proper immigration format EVL " I can try and see if my employer would cooperate.

The reason I left my sponsoring company was because the market was unstable. I joined my client with whom I haev been for a long time. They said they would want me to go permanent or leave as they would no longer renew the contract. Should I tell them that? Doesnot sound right to me.
 
Following format will be good for EVL:

Date

U.S. Department of Homeland Security
Citizenship and Immigration Services
Local office name and address

RE: name of the applicant xxx


Dear Sir or Madam:

We submit this letter to support the application of Mr. xxx adjustment of status to lawful permanent resident and to confirm that he has been in our employ since date, and that we are still interested in his continued employment as a position yyy.

Mr. xxx will continue to be responsible for the following:

job function.

It should be noted that this is a full-time, permanent position and the salary is in the amount of $XXXXX/year

Therefore, we would appreciate your granting approval of adjustment of status application on behalf of Mr. xxx along with his wife aaa and kids bbb (if any), so that he can continue to perform services for our organization.

Sincerely yours,

Name
Title
------------------------------------------------------

waitingforaos said:
For the precise and qquick update. Do you have a format of "? A proper immigration format EVL " I can try and see if my employer would cooperate.

The reason I left my sponsoring company was because the market was unstable. I joined my client with whom I haev been for a long time. They said they would want me to go permanent or leave as they would no longer renew the contract. Should I tell them that? Doesnot sound right to me.
 
Thanks

feb6361. I donot think my new employer would be ready to give such a letter. I will wait for TheRealCanadian to go for the interview as his case seems to be similar to mine and he goes for interview before I do.
Good Luck!
 
Give a try

Waitingforaos - just give atry. Ask your current employer to give a employment verification letter. I think any employer will give a verification letter. Try to speak to your HRD person or VP . I am also in the same boat, but my VP is kind enough to give me a letter any format I want.

My lawyer gave me format but that is not good for an AC21 case.
I am going to use a mix of that and feb6361's format.
 
waitingforaos said:
I will wait for TheRealCanadian to go for the interview as his case seems to be similar to mine and he goes for interview before I do.

Oh, fine - let me be the guinea pig for everyone and see if anything bad happens to me! :D
 
Just a thought

Is it possible that I didnot get a FP notice as I had been to the local ofice for a EAD picture and FP EAD which I have still not received?


TheRealCanadian- You are not our guinea pig but our Leader and our inspirer! Be assured that you will be at the interview and all of us will be praying for you.
 
waitingforaos said:
Is it possible that I didnot get a FP notice as I had been to the local ofice for a EAD picture and FP EAD which I have still not received?

The biometrics for the EAD and the FP are completely different and serve different purposes. The EAD fingerprint is just the right index finger, and is used for ID purposes. Theoretically, you can validate the EAD by checking that the blurry fingerprint on it matches the right index finger of the person holding it, whereas the FP check for the GC is the full ten finger scan for criminal records purposes.

TheRealCanadian- You are not our guinea pig but our Leader and our inspirer! Be assured that you will be at the interview and all of us will be praying for you.

They probably said the same thing to the first lucky souls on the beach at Normandy, too. :)
 
Ac21?

Do we need to have Labour and 140 approval notices for AC21? My previous employer has those am not sure if they will give it to me. I was just planning on taking my new offer letter(have asked for EVL, lets see if they give it), pay stubs, an AC21 letter requesting a change using AC21. Do I need anything else?

The Ac21 letter sounds kind of silly as I have already changed employers, 6 months ago.
 
waitingforaos said:
Is it possible that I didnot get a FP notice as I had been to the local ofice for a EAD picture and FP EAD which I have still not received?


TheRealCanadian- You are not our guinea pig but our Leader and our inspirer! Be assured that you will be at the interview and all of us will be praying for you.


Waiting, how come you are still waiting for EAD? I was told by Greer Local office that once you get picture taken/fingerprinted at local office they give you EAD right away?
Please let me know as i'll be going to Charleston office this week.
thanks in advance.
 
Guess what?

I finally got the FP notice for this friday. Actually my lawyer has got it and they will be mailing it to me. I should get it on tuesday or wednesday. Do I go for early FP as it will only be a day or two early. Also, my interview is on Tuesday....hot many days does it take to get FP clearance after the FP?

TheRealCanadian.....are you planning on taking a AC21 letter. Can you send me the format if you have one. You can post it here so that others can also benefit from it.

The Count down begins fro you TheRealCanadian...Good Luck!


Tufan - to answer your question. No, we do not get the EAD right away. In fact I have still not received it but am not inquring as i have got the GC interview. Last time I received the EAD in about 3 weeks after the FP.
 
Good luck both of you guys !!! RealCanadian and Waitingforaos.

May god be with you.
Come back and give us the good news. :)
 
waitingforaos said:
Do I go for early FP as it will only be a day or two early. Also, my interview is on Tuesday....hot many days does it take to get FP clearance after the FP?

If your interview is next Tuesday and the FP is this Friday, you *might* be able to get the results back for the interview. If you get the notice, see if you can show up at the ASC at 8 in the morning to do early FP. Even a day or so earlier might make a difference.

What I am afraid of is that you have the interview but not the stamping because of the FP check, and once you leave the Local Office I have a fear that your case slips onto the back burner. Our objective should be to get the stamp before we leave the office that day. Need to do an IBIS check? Takes 35 minutes - I'll wait. Need a visa number? I know they're all current and it takes 15 minutes - I'll wait.

TheRealCanadian.....are you planning on taking a AC21 letter. Can you send me the format if you have one. You can post it here so that others can also benefit from it.

I do not have an AC21 letter since my current employer does not support immigration in any way. All they have provided is a two sentence letter that indicates that I am an employee of company XXXX with the Title of Java Developer/Analyst and getting paid $XX per hour. I am providing paystubs that indicate that I am paid on a W-2 basis and I have no end date.
 
therealcanadian

From my understanding you should have two letters to use AC21
First Is the EVL and the other is a letter signed by you saying that you want to use AC21. I have managed to get EVL from employer…saying that I am employed with them since JOINIG DATE as a TITLE and the Job responsibilities. Here is a format I got from the AC21 discussion thread

Sample AC21 letter
Bureau of Citizenship and
Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

RE: I-485/ Additional Documentation Submission
Applicant:
Case#: EAC-02
Alien#:

Dear Sir or Madam:

This letter is in regards to the I-485 application for
adjustment of status filed on my behalf.

On January DD, 2002, my I-485 application was filed
based on an approved I-140 by my former employer, ABC,
Inc. In Aug/Sept 2002, I began lawful employment with
XYZ Inc, pursuant to the Employment Authorization
Document (EAD) issued on my behalf in conjunction with
my I-485 application. I am currently employed in the
same field as my previous employer, ABC Inc., and in a
similar position.

The American Competitiveness in the Twenty-First
Century Act of 2000 (AC21) allows for a change of
employer on any I-485 Adjustment of Status Application
that has been pending for 180 days or more, without
the need to file a new I-140 petition. (Attached for
your reference are relevant portions of AC21.) In
Aug/Sept 2002, pursuant to these guidelines, I changed
employers from ABC Inc. to XYZ Inc, as my I-485 had
been pending beyond the 180-day period required by
law.

In light of the above, I maintain that I have lawfully
changed employers pursuant to the AC21 statute, and
that my I-485 application remains valid. I
respectfully request that your office should
adjudicate my I-485 accordingly under AC21 provisions.
Should you have any further questions, please do not
hesitate to contact me.
 
waitingforaos said:
From my understanding you should have two letters to use AC21. First Is the EVL and the other is a letter signed by you saying that you want to use AC21.

There are a number of individuals who have used AC21 without a formal letter, and at an interview it seems a little superfluous. I'm just going to tell the interviewer. I might cobble together a letter just in case, though - better safe than sorry. Thanks!
 
TheRealCanadian..

TheRealCanadian said:
There are a number of individuals who have used AC21 without a formal letter, and at an interview it seems a little superfluous. I'm just going to tell the interviewer. I might cobble together a letter just in case, though - better safe than sorry. Thanks!


Good luck for your interview.
You are our leader, please tell us your experience..

We wish you all the best
 
Good Luck!

Our best wishes are with you TheRealCanadian.
Remember all of us will be praying for you and eager to hear the good news along with all the details.


I am still waiting to receive my FP appointment letter from my lawyer. So early FP is out of question as the appointment is for friday.
 
Well, that's all over and done with

Dropped by around 7:40am for the 8/8:30 interviews. No lineup (but if you have an interview notice you can go direct to the security guard and skip the line.) Once you get in through the metal detectors, again you can skip the next line and go to room 287. One hint: there's a front staircase and a sign for interviews; ignore it and walk all the way to the back until you get to the elevator. There's a staircase just past it. The upstairs waiting room is nicer than the downstairs holding area. Place your interview notice in the tray by the window and wait. (All INS waiting rooms seem to lack clocks - by design, I suspect.)

We had officer 'D', who turned out to be pretty friendly and nice to our 3 year old. The first thing she did was get us to swear the oath and our index finger stamp (which was a good omen). Confirmed our identities and dates of birth, etc. Then asked for employment letter, and rooted through my file. Never mentioned that it didn't match the I-140, although my wife says that she did check the I-140 approval notice.

Asked if we had been filing taxes, and I asked if a copy of my most recent 1040 was OK. She said that was fine, and took it. I had IRS transcripts for 99 through 2001, and PDF copies from TurboTax for 2002 and 2003. If you have the IRS transcripts, great, if not a copy should be fine.

She then took out a secure card and plugged it into a reader, and logged onto a web site. At first I was wondering if she was verifying my tax info with the IRS (gulp - I assume it's right but I just printed off the PDF that was on my PC) but it turns out she was logged into a Department of State site since her printout had the title "IV Request Approved". When you get the visa number, it's all over but the stamping. :) Which she then proceeded to do. (Based on what I saw, if you are an EB case there is no reason that you cannot get a visa number on the spot while you are there. I've heard of some folks not getting the stamp at the interview for this reason, and you shouldn't accept that. Fingerprints and IBIS checks are another matter, though.)

In some senses I ask myself "I waited almost two years for this?" but at the same time I am very grateful that it was so straightforward and simple. Thanks to all of you for sharing information and keeping us enthusiastic when Atlanta looked like it was never going to move.

Chatted for a minute or two and that was it. In case you're wondering, this is what an I-551 stamp looks like. Thanks everyone - and I'll keep hoping for all of you this month. Let's get together in a few years to bitch about how crummy N-400 processing is. :)
 
TheRealCanadian,
Do u know or did u ask the reason why some cases are transferred to local offices?
Also what is the date that governs processing at local offices -is it the original RD or the transfer date?

Thanks.
 
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