Hi Finally after a long wait my card is approved. Here is my 485 Journey.
Applied for 485 on January 2001, that is correct it is January 2001. I have waited 31 months to get my approval. After 10 months of the 485 the client was terminating all the contractors and I need to move out of the client, and my employers have struggled to get a job and found after 32 days. I have started with the new client.
The old client contacted me and offered to join them directly. I have delayed this process and finally accepted the offer and discussed with my sponsored employer and with his consent, I left the old employer and joined my original client on October 15th 2001. Alas I got a RFE on October 27th 2001.
I was trying to get the employment letter from the old employer but he said he don’t want to do this. I got the letter from the new employer and submitted the RFE response on December 2001.
The next wait started and I was waiting for about five months and nothing happened. I called Vermont couple of times with no good response. I talked to the Lawyer’s office, they just got the same response what I got from Vermont “wait for two more months”.
Finally after a month and half battle I got through a helping IIO who informed, my original 140 was approved for Counselor Processing, and has been sent to my Country and Vermont has requested it and didn’t get the file back, that is the reason for the delay. I have sent a mail to the Embassy in India and got a response back from them stating that they have sent the file in late December 2001 itself.
Again I called Vermont and this time, to know my case is transferred to local office Hartford for interview.
Damn it!!! Once again, the next wait started. This transfer happened on June 2nd 2002. I have waited and followed up this thread to find a pattern in the Interview call. It didn’t seem to have any logic. I called up the lawyer’s office again, the reply from them is “It is in the local office go there directly and let us know what is the status”. This seems nice you pay the lawyer and you find out about your case and update the lawyer. Anyway, it is my card, so I decided to go to Hartford on January 2003. I went and waited on the queue and after three hours, I got the reply “Wait for two months”. That stupid officer didn’t even look at my file. She gave the arrogant answer.
With no success with the local office, again back to the web sites and try to get some help, hope. Finally after 13 months of transfer, still I didn’t have the interview,
I went back to Hartford, again on June 24th 2003 and this time luck seems to change and show its fun face to me. I have waited for three hours again. I got a nice lady this time, who looked into the files, and discussed with some one inside the office. She said, “Sorry this was a mistake on our part, because of the high workload, we cannot schedule the interview immediately, but we will setup something with two months”. That time, I thought this is another six months. But luckily I got the interview letter from them within five days. The interview was scheduled for 8th of July 2003.
I have collected all my documents and checked all the interview threads and had all the papers. I saw in the message from Victoria that the officer asked for 140 approval copy, I asked the lawyer to send me a copy, which I didn’t have. The lawyer said this is employer’s document, he cannot send it to me.
Hoping the officer will not ask for this I went to Hartford. The ultimate time of my Green Card Journey, the officer came out and called our names, the look on his face said, I am going to have a hard time. We went inside (myself and my wife), the officer asked us to take oath and his first word is “Where is your attorney, without your attorney I cannot adjust your case”. I kept my cool and answered I am willing to take the interview without my lawyer and signed the consent letter.
He asked for the employment letter, pay stubs, which I have provided. And here comes the trouble. He asked for the VISA approval, I thought he was asking for the old H1 approvals, I have provided H1 Approval papers. He said, “No I am looking for the Original 140 approval”, which I didn’t have. I said, “I don’t have the original”, for that matter I didn’t have a copy itself. He stated, “Your application has only labor certification and Adjustment application, I cannot adjust the status, you need to contact your lawyer or the Vermont Office and send us the original approval, I will give you three months time, If you don’t provide this in three months then I have to deny the petition”. I was trying to explain, “I had the 140 approval on October 2000 and based on that only I can apply for 485. Also 140 is the employer’s document, I won’t be having the original. If needed, I can call up the lawyer’s office and ask them to send a fax copy of the approval”. The office replied, back “No I can’t take a copy or a fax, I need the original, without that I need to deny your case”.
I couldn’t take it anymore and I flipped, I got up and said, “Thanks for your time officer. the 140 is approved by your office and your office lost it some where, I am sure the lawyer will have a copy, But I don’t want to pursue my application any further. This process looks ridiculous, you don’t have to deny my case, I will cancel my petition myself”. Then the officer said, “You are under oath and do you really don’t want to be in this country”. My wife is trying to calm me down, then I said, “I wanted to be in this country that is why I applied and waited for such a long time. If you say you will deny my case for no fault of mine, which frustrates me”.
After my answer he flipped couple of papers on my file, and said “Let me go talk to my supervisor and see what I can do”, He went inside and came back after few minutes. He asked me write the address on the Yellow notice, collected the I-94s and all the old approvals, Advance Parole, interview letter, pay stub etc. He also asked me to give the finger print. I asked him “Do you want me to contact the Vermont office and try to get the 140 approval?” He said, no actually we found the copy of the approval, we will try to adjust based on the copy. Sorry for the inconvenience. You will hear from us with in three months.”
With that, I have decided my GC is gone, and came back and given the finger print and called up the lawyer’s office informed them about the conversation and came home.
To my surprise, I got the letter yesterday from Hartford stating our cases have been approved, the cards have been ordered. It also states to get our passport stamped within 30 days of the notice. I guess that’s it I am all done.
Sorry for this lengthy message. This thread was a great help. I was a active user earlier and lost hope and was checking the messages in the past one year. I am happy to answer to any questions you have.