Local Transfer of NIW-based I-485

J

jigesh

Registered Users (C)
From recent and recent-past transfer cases to local INS, it seems that the VSC has some kind of internal policy to transfer I-485 of NIW-based petitions to the local INS centers.

Although my RD is FEB/2002, my case was based on EB-2 NIW and hence am sure that it will be transferred to the NYC (the slowest) center - probably sometime in JAN/2003. Again wait for 8 more months (average interview time for NYC)!!

I was just wondering - is anybody out there whose I-485 got approved without transfer to local center DESPITE NIW CATEGORY?

Since NIW is not employer-tied, I wonder what kind of documents they ask at the time of interview. I guess due to overall delay of more than one year, one might need to do FP and medicals again apart from renewing EAD and AP during the interview-wait!!!

Of course these are anxieties too much in advance for me (and no job security in current economy), better be prepared menatlly for the delay. There seems negligible time-advantage in going through the NIW route instead of labor certification process.

Just was pondering over - in case anyone with information or experience can throw some light.

Best wishes,

Jigesh
 
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NIW case-local transfer

Hi Jigesh,

Mine is NIW and recently transferred to local INS Arlington. I think we are with the same condition, start with J-1 visa. A friend of mine got approval after interview with NIW. Interview is just a formality. They asked for original documents, such as birth certificate, marraige certificate, IAP-66, etc. The only problem, I have to wait another 6-8 months. Better to get ready for all original documents. But NYC is faster than Arlington, peoples getting interview notice in 3 months.

I think, we have to do medicals and FP only if we have wait too long. Usually, FP is valid for 15 months.
 
Thanks, fikabir - I know you since your J-1 (and later on NIW) forum days. I too was on J-1, then waiver, then H-1B and NIW and who knows whether and when GC!!


Although I am not complaining, but it looks kind of weird to waste time for interview-wait, etc. (overall delay might be upto 2 years including I-485) while NIW's core assumption is to save labor-process time in national interest! Isn't it?

I found several posts on this forum (by "search") where NIW transferees to NYC waited on average 8 months and a few upto 2 years!! My goodness!!

I really wish you get your interview call soon from VA. During my J-1 period, I was in MD - I wish I was still there - Baltimore office is so fast!!

Another concern is job security/lay-off possibilities in current economy. Although self-petitioned NIWs are not employer-tied, we still must be in job and probably prove that our job is in the same area of national interest in accordance with the underlying I-140.

Actually, it did not occur to me until I read Girish Rajput's post, that recently there have been plenty of NIW transfers - and his observation is, unfortuantely, correct! God bless us all!!

Best wishes,

Jigesh
 
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Unlucky guys

Unlucky Sep and Oct 2001 485 filers.

More and more local transfers for NIW and EB-1 (a) cases in recent months. My friends, came to us in J1 and submitted I-485 in March 2001 from MD & VA, got approvals directly and took around 8 months. I am a Oct NIW filer from MD, and still waiting..
 
Gchello..

Gchello: Wish you would get interview and subsequent approval soon. You are in a way lucky that you are in MD - Baltimore seems really very efficient. Please take time to post your interview-experience/questions after it's done.

Best wishes,

Jigesh
 
Jigesh & Gchello

If we don't have a job during interview, what are the alternatives? I know only one option, take a lawyer and he can explain about NIW. That is somewhat safe.

Any other idea ?
 
jigesh: Thanks. I have the same pattern as yours: J1-waiver-NIW. I am working using my EAD instead of H1B. My case is still in VSC, and message via web is the same as 5-month ago. My RD 10/18 and ND 11/30. Some lucky guys with my RD/ND already got approved earlier.
 
Gchello: You should be hearing very soon as October approvals are getting momentum. Let's know - I wish you get approval staright- away and not transfer. Keep up!

GChello and fikabir: I was just wondering in case you know - what happens to the underlying I-140 (NIW) if I-485 is denied? Can one then go for CP? Just curious.

fikbir: I wonder if any attorney would be ready just to accompany at the interview without any involvement during I-140. Anyway, let's keep track on eachother's progress.

Thanks.

Best wishes,

Jigesh
 
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Gchello and fikabir:

When you submitted your letter of employment along with I-485, did that (or separate) letter also described your job functions ? I read elsewhere [old case though, and that too, at CSC: http://www.geocities.com/ciba_2/I485/experiences/IV/cuteseed.htm] that sometimes INS transfers NIW cases to check whether you are in a job that is related to the area for which you got NIW.

I am not sure whether the same is the policy with VSC, too; and also, whether other NIW local transferees included similar job-description letter or not.

Best wishes,

Jigesh
 
Jigesh

Yes, i submitted separate employment letter with I-485. Job descripition was very short, like "conducting research in the area of wood science".

I'm in the same University/position as with I-140. The recommendation letter for I-140 described wide area of wood science. But I wonder how INS will check NIW area that applied with I-140, because each recommendation letter is different from other. Also in form 750B, I mention my area as wood science, which is very general and not specific.
 
Well, fikabir, in that case your transfer is really clueless. INS could have easily matched "wood science" from 750B as well as from employment letter if that was the reason behind transfer. Anyway, since you are with university, you will not face any risk of job until (and even beyond) interview. Good luck.

Jigesh
 
Jigesh

I have one more concern which might be the reason of transfer. All of my immigration paper has my name as "Mohammed Firoz Kabir". Basically, Mohammed is not my first name, and almost 80% peoples in my country (Bangladesh) use it as intial Md. My passport name is Md. Firoz kabir, which i followed in all my immigration papers. But IAP-66 is Firoz kabir and all other documents, such as SSN, driving license, emplyment, etc. has Firoz Kabir.

Do you think is it a problem?
 
Fikabir:

There might be some substance in your logic. However, names on your passport matched with your immigration papers - so it should have been OK. May be you can keep an affidavit (saying that both these names correspond to the same person) ready. Unfortunately, until the interview it might not be 100% clear as to why the case was transferred - sometimes purely random transfer.

Best wishes,

Jigesh
 
Jigesh

How to get the affidavit, is it from the court or from Notary public?

I have many other evidence, e.g. university ID, insurance paper which have the same addresses as with INS.

I appreciate your suggestions/comments.
 
I guess notary public is alright. Keep all other documents that you mentioned - just to be on safe side.

Best wishes,

Jigesh
 
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