Local interview for NIW case!

I

insball

Registered Users (C)
Hello, Gurus:

                      I am going to interview for Green Card in a few days and I need urgent help from you and all the
                      gurus.

                      My case: Employer as petitioner (not myself), EB2 and waived the labor certificate, approved jan
                      1998.
                      Changed job before filing 485 because I think I am NIW. Filed 485 sep 1999, FP Aug 2000 and
                      RFE Jan.
                      Case transfered to Baltimore on Early March and Schedule for the interview in a few days.

                      What Should I do now? Different lawyers give me different answers.

                      1) Should I argue that I am a NIW case because I did waive the Labor and Both me and
                      Employer signed the I140, although employer was listed as petitioner? I change job but I
                      do exactly the same kind of job.

                      or 2) I obtained a letter of intention of employment from previous employer for the interview?

                      What other suggestions, pls!

                      I am worried and I don\'t have much time.

                      insball
 
No Title

Hello, Myladoor:

I am going to interview for Green Card in a few days and I need urgent help from you and all the
gurus.

My case: Employer as petitioner (not myself), EB2 and waived the labor certificate, approved jan 1998.
Changed job before filing 485 because I think I am NIW. Filed 485 sep 1999, FP Aug 2000 and
RFE Jan.
Case transfered to Baltimore on Early March and Schedule for the interview in a few days.

 What Should I do now? Different lawyers give me different answers.

1) Should I argue that I am a NIW case because I did waive the Labor and Both me and
Employer signed the I140, although employer was listed as petitioner? I change job but I
do exactly the same kind of job.

or 2) I obtained a letter of intention of employment from previous employer for the interview?

 What other suggestions, pls!

I am worried and I don\'t have much time.

insball
 
No Title

Oh, man! We\'ll pray for you. Please, post the result.

Just my guess, without any confidence.

Many immigration sites say if the petitioner is an employer, and you leave him, than the INS will make you hard life.
I remember reading somewhere (in the Internet?) the following logic:
If the argument of your case is based on your work for a particular employer (and indicators are: employer is the petitioner, a job offer filed with I-140, etc.) than changing a job will ruine basis for you NIW, and it can be denied.
_IF_ this is true (I don\'t remeber where I read this and if it can be trusted!) than your argument at the interview could be that the basis for your petition was not your input to that particular employer but your cool overall credentials. And that your achievements at new job are even more nationally important and closely related to original petition.
 May be both of your suggested approaches will help? Letters from the two employers or/and from experts in your field? (Not sure if it works on interviews though.)

By the way, why didn\'t you file another NIW with yourself as the petitioner, to be safe? Looks like you did have time for this.

Anyway, good luck!
 
No Title

I think you are in deep trouble. If the old employer is the petitioner, your I-140 and I-485 are both invalid if you dont have any intention of working for the old employer. If you used an EAD (employment authorization) based on your 485 application to work, they might even find you deportable ... since the 485 petition might be viewed as frivolous.

If you still want to use this 485, I dont see any other way except for you to get a notarized offer letter from your old employer and you express the intent of joining him after you get your GC.

Any way, get a really good attorney to accompany you. And dont depend on advice (including mine) given on the net when you have uncommon problems.
 
No Title

Myladoor:

This is just my opinion...
A National Interest Waiver under the EB2 category by definition exempts you from the "job offer requirement" and thus the labor certification which is a prerequisite for EB2 and EB3. The petitioner can be anyone or yourself.

When a NIW is granted, it is based on your skills and what you bring to a US employer (maybe the petitioner or any other) to further the national interest. This is not the case when you file an immigrant petition on the basis of a labor certification.

I believe that as long as you are in the same field you should be fine. Get a letter from your present employer explaining in detail your work and as long as it is in line with the basis of the NIW, you should be OK.

Good Luck!!
japs
 
No Title

Where, I went to Baltimore interview today. Everything went well and I got my passport stamp today. No questions asked!

This is for sure now. NIW only depends on your skill, not the petitioner! Done deal.

All those self-petition or employer-petitione arguments should be settled now! It doesn\'t matter who is the petitioner.

Japs is 100% righ t!!!!!!!!!!!!!

insball
 
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Thank you very much for posting this experience! This is the BIG NEWS for many of us NIW-ers!
Although it may very well depend on luck (partucular INS officer\'s attitude), it does look that situation is much better nowdays.

Perhaps, it changed after the new law passed last October. Lawyers who refused to take NIW with employer change are now accepting them.
 
No Title

Thanks for this experience. When you changed your job, did you change your field? Did you change your INS service center? Thanks.
 
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ISNBALL, hearty congratulations!!! My case is EXACTLY like your case!!
My case: Employer as petitioner (not myself), EB2 and waived the labor certificate, approved jan 1998. Filed for I-485 in July 99 and got laid-off in Jan 2000. FP in July 2000 and RFE October 2000, case got transferred to INS Arlington in December. Interivew is next-week. I would really appreciate if you could post your interview questions in detail and the way you defended them. I am in the SAME field, but working for a different empolyer. Thanks-a-million.
 
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The INS lady basically didn\'t ask me any questions.

She asked where I am working now. I said hospital B. And then she asked was Hospital A your original petitioner. I said yes!

That\'s all.

Maybe Medical field is slightly different. Actually the lady found sth in my wife\'s file stating my wife was refered to department of health for treatment. We told her we never heard anything about it. We are both medical professionals and if anything like that we should have known. And the lady trusted us.

INSBALL
 
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No, I did exactly the same kind of jobs, always! and never changed field! If you change field, you might have problem even with the AC21.

insball
 
No Title

How do you guys define "same field" any way? My understanding is NIW is always project related. Even you are in the same field (say the same major), it does not mean you always work on the same stuffs which national interest. Would appreciate any suggestions.
 
No Title

My case is approved too!!! They briefly checked whether I am in the same field or not! That\'s all!!!
 
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