H1B and AOS Interview

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andyjpa

Registered Users (C)
To those of you who were in H1B at the time of AOS interview what questions were asked? Did you have to get a letter from your employer? Did you have to take pay stubs? What else did you do? Please share your thoughts
 
Hello,

I was on H1B when we filed for AOS based on marriage. Yes, the interviewer looked at the letter from employer, my recent paystubs.
She asked me if I ever was out of status and quit working with my H1B sponsored company (which I never did). She asked me what I did for the company. Why I did not choose to get GC employer based? I told her, because it takes too long. She asked my husband if I ever quit working when I was on H1B. He said, as long as he had known me I have always worked. She asked me why I chose to work for this particular company? Because they gave an offer that I could not refuse.
How many trips I took overseas while I was on H1B? None.

These were just few. Then she asked me other questions from our marriage etc..
 
I was on H1B when I filed for AOS.
I attached everything. Employment letter, last paystubs.
They have not been asked at the interview, but I had them with me. And I'm sure they looked at them also because we included my income in the affidavit of support.
I brought more recent employment letter and paystub at the time of interview though (4 months after I filed).
 
Thanks Ashin2 and Sarrebal. I am contemplating on changing employers since I have an EAD. But my employer has filed H1 Extension petition as my H1 expired and I did not want to use EAD as long as I am in my current job. So, if I change employers before AOS interview, will it create any problems? I am sure that by the time of my AOS interview, my H1 petition will not be approved.
 
Thanks so much dr_lha for your answer. I checked VJ. My wife is employed and meets the requirements for sponsorship. One more question, did you have to specifically ask for 10 year Green card since you were married for more than two years at the time of interview? We are also married for more than two years.
 
Ashin2 said:
Hello,

I was on H1B when we filed for AOS based on marriage. Yes, the interviewer looked at the letter from employer, my recent paystubs.
She asked me if I ever was out of status and quit working with my H1B sponsored company (which I never did). She asked me what I did for the company. Why I did not choose to get GC employer based? I told her, because it takes too long. She asked my husband if I ever quit working when I was on H1B. He said, as long as he had known me I have always worked. She asked me why I chose to work for this particular company? Because they gave an offer that I could not refuse.
How many trips I took overseas while I was on H1B? None.

These were just few. Then she asked me other questions from our marriage etc..
Click to expand...

Hi:

I am actually quite surprised that you received so many questions about your H1B. Note that, you are free to stop working for your employer once you are in AOS status, and when you receive an EAD, you can work for a different employer.

Maybe she was trying to get a general idea or trying to discover something else you did "wrong" etc. etc., but there is really no direct legal significance to the questions you were asked.
 
Hi Pianoplayer,

Yes, I realise that there should not have been that many questions by the interviewer about my H1B. But she was the director of the local office and she was substituting for another officer to take our interview because the officer called in sick. I thought, she just wanted to prove to me that she had the power of making my life happy or miserable! Also, she did keep asking me why my family was not at the wedding. I had to tell her, all my family is overseas, and they cannot afford to fly over to States. So, we just had to do a ceremony with my in-laws and then eventually, both my husband and I will travel to see my family.
She seemed very prejudiced(thats just my opinion), as she even asked my husband" You are from this state, what made you marry someone from outside?" My husband jokingly replied, "because I could not find someone good enough to get married in this state and I have lived here almost my whole life" and then he added"he loved me". My husband did remark after the interview was over that he did not think that question was proper.
I was getting upset when she kept making such remarks but I never said anything, as I just wanted the interview to be done and over with and get on with my life.
 
Ashin2 said:
Hi Pianoplayer,

Yes, I realise that there should not have been that many questions by the interviewer about my H1B. But she was the director of the local office and she was substituting for another officer to take our interview because the officer called in sick. I thought, she just wanted to prove to me that she had the power of making my life happy or miserable! Also, she did keep asking me why my family was not at the wedding. I had to tell her, all my family is overseas, and they cannot afford to fly over to States. So, we just had to do a ceremony with my in-laws and then eventually, both my husband and I will travel to see my family.
She seemed very prejudiced(thats just my opinion), as she even asked my husband" You are from this state, what made you marry someone from outside?" My husband jokingly replied, "because I could not find someone good enough to get married in this state and I have lived here almost my whole life" and then he added"he loved me". My husband did remark after the interview was over that he did not think that question was proper.
I was getting upset when she kept making such remarks but I never said anything, as I just wanted the interview to be done and over with and get on with my life.
Click to expand...

Hi:

You have a very good and positive attitude about it. I agree with you that it sounds as if the interviewer was prejudiced. At the end of the day, you have to regard such behavior as foolish. It can be particularly troublesome for the officer and the government, when such behavior is shown in the record on a subsequent appeal. The federal appeals courts usually do not view USCIS in a very positive light, as recent court opinions have indicated.
 
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