Interview Experience San Jose

hi leanback

leanback,
do you know the name of the officer who interviewd you guys?

we are also in the similar situation.
my interview was over on sep 16th.officer took out I94's and he said he needs time and need to discuss with supervisor.

so far we havn't heard anything from him.I am not sure when he will find time to approve our case.
 
HurricaneBay said:
Taking I-94s might not be the worst part becuase if there is any doubt in officer's mind about your case or if he thinks it would take too long, he wouldn't even be taking I-94s. The best part is that your security thing got cleared. That is probably the single most delaying reason. I think its just a matter of someone in the San Jose goes through your file. Assuming your PD is < 1/1/2002 (since you are in EB3) I would say it is just a matter of days. I know it might be hard for you to believe but I am sure yours will be done sooner than you think.


I hope what you say comes true. I will keep you guys posted.
 
nsm553 said:
leanback,
do you know the name of the officer who interviewd you guys?

we are also in the similar situation.
my interview was over on sep 16th.officer took out I94's and he said he needs time and need to discuss with supervisor.

so far we havn't heard anything from him.I am not sure when he will find time to approve our case.

Can you post complete details of your case ? was your interview done in San jose ? I think his name is Richard.
 
Guys,

This is very important and i need your suggesstions and comments before i decide anthing.

As my I-485 is pending after local office interview, if they deny my case what should be my backup plan? Do I have chance for MTR? How long this will take?

Currently, I am on 6th year of my H1B and I asked my previous company filed a labor 1 year back, if I go back to them can use it for 7th year extension?

My EAD and AP is expiring in April 4th, do you suggest me to renew it?

Thanks
 
I'm afraid you cannot use the 7th year extension to "extend" an invalidated H1B status,which is what effectively happens if you have used your EAD. If you have not used your EAD and are on that H1B visa now, then you can file for a seventh year extension, but I am not sure what the law is about continuing in the extended H1B status if you are on an extension AND the I-485 is denied. I think MTR is an option, but I have no knowledge of the process. Perhaps someone who has used it will post what happens to one's legal status in the country under MTR.
 
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niladri30 said:
I'm afraid you cannot use the 7th year extension to "extend" an invalidated H1B status,which is what effectively happens if you have used your EAD. If you have not used your EAD and are on that H1B visa now, then you can file for a seventh year extension, but I am not sure what the law is about continuing in the extended H1B status if you are on an extension AND the I-485 is denied. I think MTR is an option, but I have no knowledge of the process. Perhaps someone who has used it will post what happens to one's legal status in the country under MTR.

Niladri30,

Thanks for taking time and answering my questions.To be clear, Mine was future employement GC , i joined my GC sponsered employer two months back VIA H1B transfer. I never used my EAD or AP and my 6th year ends in Oct -2005.

My previous employer also filed my Labor and it's pending in DOL for last 1 year. Based on this can i go for a 7th year extension ?

Thanks
 
HurricaneBay said:
I was interviewed today at San Jose office for Adjustment of Status and was approved and stamped (both mine and my wife's). Here is how it went. In a nutshell, it was much easier than convincing my neighborhood Subway guy to not put pickels on my sandwitch.

The wait:
We went there 15 minutes before the time and my lawyer showed up 10 minutes after. I didn't put the letters in the box till the lawyer showed up. The waiting room is similar to the waiting room of the fingerprinting office. An elderly friendly officer called my name exactly at the interview time while we were waiting and I, my wife and the lawyer went in. He took us into his room.

The interview:
1. He asked both of us to raise our right hands and made us swear that we would say bothing but the truth
2. He had our files open and started saying that the my wife's medicals are incomplete since the doctor wrote on I-693 that my wife is pregnant and so can't take shots. I silently handed him the sealed medical envolope of my wife's updated medicals that we took last week.
3. He said that's all I have but since you are here I have couple of other questions
4. Are you still at the same address? (and read the address) I said yes
5. What is your date of birth? I said it
6. Are you still with same employer? I said yes.
7. Do you have current employment verification letter. I handed him over that one.
8. Do you belong to any political gorups? I said no
9. Have you been arrested? I said no
10. Looking at my wife and me .. are you still married and living together? We both said yes
11. Asked me for our passports. He pulled out the I-94s and put it on top of each of our files. He looked at my wife and asked the following questions
12. Are you still at the same address? (and read the address) She said yes
13. What is your date of birth? She said it
14. Do you belong to any political gorups? She said no
15. Have you been arrested? She said no
16. He looked into my file and said since I am in EB2 there should be no problem with getting visa numbers. He got the visa numbers from Dept of State online. That took 2-3 minutes.
17. He stamped on lot of papers and on our passports and gave the stamped passport and approval letter to us.
18. He took out index fingerprint and signature and said the actual cards should arrive in 8 weeks, but it is much faster these days

That's it. No W2, taxes, marriage cert, proof of marriage or birth cert. Took ton of stuff but just had to give wife's medicals and current employment letter.

The officer was extremely polite and was talking a lot with my lawyer. He aked my wife if her delivery was fine and if we had a boy or a girl. Finally congratualted us on being permanent residents and for having our son. He walked us out and asked us to take some candy that was lying on a table in the corridor.

I was expecting the stamp to look like F1/H1 stamps but it looked more like the stamp the car wash guy puts on the receipt.


Hi Hurricanebay,

Just curious, Did your LUD changed on I-485 application after the interview and approval ?

Thanks
 
leanback,

It would appear that prima facie criteria are being met for a 7th year extension.

The way I look at it:
1. You worked for employer A
2. You work for employer B.
3. You don't like B / They don't like you / You want to go back to A / A wants you
4. You are in 6th year with no hope in hell except 7th year extension, which is available to you by law. (never mind current AOS status from B)

As GC is for future employment, I don't think USCIS can argue and win that H1B should be from A.

I would have gone ahead and applied for the extension, and then fought denials if any, but a lawyer might still be able to advise you better.
 
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leanback,

My last LUD is still the date it got transferred to lcoal office and message is also the same. I was reading in other forums that once case gets transferred, the local office guys do not update the automated web system. So LUD doesn't change for transfer cases. And in case of approval after interview, you will get a welcome letter that will have its own receipt # which can be used to track the physical cards. So don't worry about LUD any more since your case got transferred.

leanback said:
Hi Hurricanebay,

Just curious, Did your LUD changed on I-485 application after the interview and approval ?

Thanks
 
HurricaneBay said:
leanback,

My last LUD is still the date it got transferred to lcoal office and message is also the same. I was reading in other forums that once case gets transferred, the local office guys do not update the automated web system. So LUD doesn't change for transfer cases. And in case of approval after interview, you will get a welcome letter that will have its own receipt # which can be used to track the physical cards. So don't worry about LUD any more since your case got transferred.


Thanks Buddy!
 
Approved after 4 month wait after interview

Hi Leanback,
We had interview in san jose office on sep 15th.But officer said he wants to verify my previous company details.yesterday I received the approval from SJC office.Today I got it stamped.

Let me know if u need more Info
 
nsm553 said:
Hi Leanback,
We had interview in san jose office on sep 15th.But officer said he wants to verify my previous company details.yesterday I received the approval from SJC office.Today I got it stamped.

Let me know if u need more Info
Hi nsm553,
Could you provide the details on your case and interview? When did you change companies? What did they want to verify? Thanks
 
nsm553 said:
Hi Leanback,
We had interview in san jose office on sep 15th.But officer said he wants to verify my previous company details.yesterday I received the approval from SJC office.Today I got it stamped.

Let me know if u need more Info

That's good news buddy!! How many times did you visit San jose local office for inquiry ? Did they ask for more documents ? Did you go with a attorney ?

Good luck!!

Thanks
 
Waiting for approval after interview

Hi

I am in the same boat as leanback. Completed interview. Officer said everything looks okay will review and mail decision?

Leanback Did you get your mail. What did the officer tell you exactly?

Provided all the documents the officer had asked. My I140 was approved last year (EB2 case)

---------------
EB2 I140/485 @ VSC
I-140 Receipt Date: 01/07/03
I-140 Approved Date : 08/26/03
I-485 -Transfered to Local office -12/03/2004
Interview-01/21/05
 
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for_liberty said:
Hi

I am in the same boat as leanback. Completed interview. Officer said everything looks okay will review and mail decision?

Leanback Did you get your mail. What did the officer tell you exactly?

Provided all the documents the officer had asked. My I140 was approved last year (EB2 case)

I completed interview on Jan'13th and i have n't recieved any mail yet.

Thanks

---------------
EB2 I140/485 @ VSC
I-140 Receipt Date: 01/07/03
I-140 Approved Date : 08/26/03
I-485 -Transfered to Local office -12/03/2004
Interview-01/21/05
 
Taking time to approve after 485 interview


Hi Leanback,

I just heard from my attorney that some of the local offices have recently changed their policy about approving cases on the spot at interviews and many officers are approving cases after one two weeks of the interview date.

Looks like there might be some new guidelines that officers may choose to follow and not approve cases on the spot after interview. They want to take time to review all documents and then make thier final decision.

Lets keep our fingers crossed and hope for the best. As long as ours documents are accurate we should not worry.
 
approved after 4 months of interview

Hi,
We had interview in september.Approved only on jan 18th.The reason my case was transferred was i applied 140 and 485 thru some other company before.I canclled those applications and filed thru new company.My old company I worked for is in fraud.So the officer said he wants to verify my case.But I was legally present in US for all my stay.I was employed for all over my stay.
Dont worry if you have all proper documents they they will approve your case.
And officer specifically told us that they will try to take the decision ASAP.
 
leanback

leanback,
I just went once to san jose office.no they did not ask for additional docmunets.officer said that he needs more time to read my case.
Yes,I took my attroney anlong with me for interview.He was the best attorney i have ever met.
 
nsm553 said:
leanback,
I just went once to san jose office.no they did not ask for additional docmunets.officer said that he needs more time to read my case.
Yes,I took my attroney anlong with me for interview.He was the best attorney i have ever met.


Thanks for taking time and answering my questions. Would you mind give your attorney's name in a private message ? My interview got screwed becuase of bad attorney.

Thanks
leanback
 
leanback

Hi leanback,
Is your case a regular case? I have an inteview next week and it is pretty straightforward case. Am wondering whether an attorney is really needed or will I regret it later. Do let me know whether it helped you have one during the interview.
 
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