Interviewed in San Jose -- Indictment case
e-mail message sent by suffergc
on 11/19/01
Hi Ciba, How are you doing? I finally find the sense to write you
about my interview that I had in San Jose local INS in the week
before last week. Here\'s the background of my case: EB3 China,
PD: 01/98, RD: 01/05/01, ND: 01/19/01, EAD/Advanced parole: 02/??/01,
FP: 03/??/01, Transffered date: 04/23/01, interview: 11/08/01.
Actually I was a little surprised that I only waited 6 months for
the interview and I was given only 2 weeks to prepare for the interview,
-- a friend of mine was given 2 months from the appointment letter to
the interview date.
Before my interview, I had a meeting with my lawyer to talk about some
unusual and uncertain points in my case:
(1). I have an indictment: I was charged by my first employer in U.S for
transportation of technology to my previous employer. The case was finally
dismissed without jeopardy. But my lawyer told me that INS may use a
"different" standard than the U.S justice to judge if a immigrant is
"crimal" or not. So I still need to be careful though the case was dropped.
(2). I was forced to change job "after" "180 days" of filing of I-485:
before my previous employer shut down its business, it sold the department
that I was working in to my current company, and, I got a job offer from
current employer to continue the product. This may cause me trouble because...
(3). It\'s very embrassing that if the above "180 days" was counted by RD
(receipt date) I\'ll be fine, but, once INS asks to use ND (notice date)
as the start I\'ll be in trouble since my job change date is only 178 days
from the ND. My lawyer told me that even if most INS officers use RD, it\'s
possible that some may still use ND because there\'s no written document
about which date to use. Of course, if the INS officer insists to use ND
then I\'ll fail the interview and have to file an I-140 amendment first.
My interview was scheduled in the afternoon, I, my wife and our lawyers
(lawyer and her assistent) arrived in San Jose INS 15 minutes before the
appointment time. We entered the building, passed through the security
check, went upstairs to the hall, dropped the appointment letters in a
box in the window, then sit down to wait with the other about 30 people.
After 50 minutes (a little bit long I guess), my name was called and an
officer took us to her room. The INS officer seems to be very exprienced
since during the whole interview process, there was another apprentice
officer sitting besides her with a note and pen, and the officer frequently
turns to that apprentice to teach him something. Now the real process finally
started.
Here\'s the list detailed process:
(1). First she took our fingerprints and signatures, then we were asked to
swear that we\'ll tell the truth (sorry I don\'t know which term to describe
this process).
(2). Passorts, I-94 cards, driver licenses, EAD cards, advanced paroles.
Name, address, birth dates, birth places, marriage status, marriage place.
The officer checked our phsician examination record in her archive. Also
she asked if we are still married, we laughed and answered "of course".
(3). Last time to enter U.S. The officer found that the H1B visa which I
used to enter U.S expired after 3 months of the entrance time. She asked
my lawyer if there was an extension for my H1B. My lawyer said yes, then
the officer searched her archive and found the copy of H1B extension. It\'s
seems that the officer wanted to make sure that I have legal visa to cover
all time
e-mail message sent by suffergc
on 11/19/01
Hi Ciba, How are you doing? I finally find the sense to write you
about my interview that I had in San Jose local INS in the week
before last week. Here\'s the background of my case: EB3 China,
PD: 01/98, RD: 01/05/01, ND: 01/19/01, EAD/Advanced parole: 02/??/01,
FP: 03/??/01, Transffered date: 04/23/01, interview: 11/08/01.
Actually I was a little surprised that I only waited 6 months for
the interview and I was given only 2 weeks to prepare for the interview,
-- a friend of mine was given 2 months from the appointment letter to
the interview date.
Before my interview, I had a meeting with my lawyer to talk about some
unusual and uncertain points in my case:
(1). I have an indictment: I was charged by my first employer in U.S for
transportation of technology to my previous employer. The case was finally
dismissed without jeopardy. But my lawyer told me that INS may use a
"different" standard than the U.S justice to judge if a immigrant is
"crimal" or not. So I still need to be careful though the case was dropped.
(2). I was forced to change job "after" "180 days" of filing of I-485:
before my previous employer shut down its business, it sold the department
that I was working in to my current company, and, I got a job offer from
current employer to continue the product. This may cause me trouble because...
(3). It\'s very embrassing that if the above "180 days" was counted by RD
(receipt date) I\'ll be fine, but, once INS asks to use ND (notice date)
as the start I\'ll be in trouble since my job change date is only 178 days
from the ND. My lawyer told me that even if most INS officers use RD, it\'s
possible that some may still use ND because there\'s no written document
about which date to use. Of course, if the INS officer insists to use ND
then I\'ll fail the interview and have to file an I-140 amendment first.
My interview was scheduled in the afternoon, I, my wife and our lawyers
(lawyer and her assistent) arrived in San Jose INS 15 minutes before the
appointment time. We entered the building, passed through the security
check, went upstairs to the hall, dropped the appointment letters in a
box in the window, then sit down to wait with the other about 30 people.
After 50 minutes (a little bit long I guess), my name was called and an
officer took us to her room. The INS officer seems to be very exprienced
since during the whole interview process, there was another apprentice
officer sitting besides her with a note and pen, and the officer frequently
turns to that apprentice to teach him something. Now the real process finally
started.
Here\'s the list detailed process:
(1). First she took our fingerprints and signatures, then we were asked to
swear that we\'ll tell the truth (sorry I don\'t know which term to describe
this process).
(2). Passorts, I-94 cards, driver licenses, EAD cards, advanced paroles.
Name, address, birth dates, birth places, marriage status, marriage place.
The officer checked our phsician examination record in her archive. Also
she asked if we are still married, we laughed and answered "of course".
(3). Last time to enter U.S. The officer found that the H1B visa which I
used to enter U.S expired after 3 months of the entrance time. She asked
my lawyer if there was an extension for my H1B. My lawyer said yes, then
the officer searched her archive and found the copy of H1B extension. It\'s
seems that the officer wanted to make sure that I have legal visa to cover
all time