Please Help: Interview completed and not approved

M

majestix

Registered Users (C)
Hello,

Have anyone been interviewed and not approved? I had my interview and the person told me that my case will be forwarded to the supervisor to reivew as it is future employment case. He said the supervisor will make the decision

Please share your experiences.


Thanks
 
EB1, 2 or 3? When did you get interviewed? Is your name check done? What did officer say besides the one you mentioned? No one can comment without those info.
 
buzzhd said:
EB1, 2 or 3? When did you get interviewed? Is your name check done? What did officer say besides the one you mentioned? No one can comment without those info.
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It is EB3, The interview was yesterday. yes the name check is done. He said, supervisor will review the case and then decide on approval. Once the approval is done, if the visa numbers are current for my PD then I will get PR

Thanks
 
sorry, I did not pay attention to your footnote.

Yes, that's true. You are all fine except the visa availability. Depends on where you come from, I believe for EB3 is a long wait. As soon as the visa is available to you you shall be getting an approval letter in the mail telling you plastic card is on the way to you, and hopefully you will not be asked to do FP or name check again, which will somehow delay the process.

Good luck to you!
 
Thanks for your reply.

But why review by the supervisor? the officer must be done with my case right? He mentioned that as I am still not working for the sponsored employeer,the supervisor needs to review my case
 
majestix said:
Thanks for your reply.

But why review by the supervisor? the officer must be done with my case right? He mentioned that as I am still not working for the sponsored employeer,the supervisor needs to review my case
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don't worry about that. Every case needs to be reviewed by the supervisor before approval. That's just the formality. Usually if the visa is available and the case is approvable, your CIS officer will ask you to sit tight and wait for 10 minutes, then he/she will come back with an approval after the case being reviewed by his/her supervisor.

Whether you are working for your sponsoring emplyer or not is not a basis for GC approval. Because the approval of GC is in principle based on the potential job offering, i.e. once your permanent resident status is obtained you will then begin to work for the employer. You don't need to work for that your future employer before your GC is granted. You should hear someone tries to get GC in US consulate in their country based on the potential job offering in the US.
 
majestix said:
Thanks for your reply.

But why review by the supervisor? the officer must be done with my case right? He mentioned that as I am still not working for the sponsored employeer,the supervisor needs to review my case
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Why didn't you provide the current employment detail. They look at you suspiciously because they think that you do not have same or similar job and you cannot join the company that sponsored GC because you are not qualified.
 
Thanks buzzhd.

Tammy2,

I did provide the letter from the sponsoring company and mentioned that I will join them as soon as my PR is approved.
 
Technically and Legally speaking GC is for future employment
However, They can suspect the motive if you
dont work for the sponsoring employer after
you get your EAD

What is the guarantee that you will work for future
employer after GC if you did not work for him when you
get your EAD?
Attorneys insist that you work for the sponsoring employer
soon after you get your EAD
 
With EAD you can work for anybody, period.

As regards your future employer, as long as your future job is in the same or similar occupation as your current one, you should be fine. Because CIS do have to look at your experience and background and see if you do qualify for the future job. Reviewing your case by the supervisor is just a formal immigration procedure.

A friend of mine got interview in loca office the case was also reviewed by the officer's supervisor before the officer came back with an approval. So nothing to worry about.

For proving what I said please check the following:

http://www.hooyou.com/lc/faq.html

Examples:

Joe has a Labor Certification application filed on his behalf by Company A while he is working for Company B under his H1-B visa. This is in accordance with USCIS regulations since Joe is only required to work for Company A once permanent immigration status is achieved. Until then, he may work for Company B.

Company C files a Labor Certification application on behalf of Stephanie who is currently living in Paris and not a current employee. This is perfectly in accordance with USCIS regulations since Stephanie is only required to work for Company C once a green card is obtained. It does not matter whether Stephanie is living in the U.S. or is an employee for Company C until that time.
 
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buzzhd said:
With EAD you can work for anybody, period.

As regards your future employer, as long as your future job is in the same or similar occupation as your current one, you should be fine. Because CIS do have to look at your experience and background and see if you do qualify for the future job. Reviewing your case by the supervisor is just a formal immigration procedure.

A friend of mine got interview in loca office the case was also reviewed by the officer's supervisor before the officer came back with an approval. So nothing to worry about.

For proving what I said please check the following:

http://www.hooyou.com/lc/faq.html
until that time.
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Thanks buzzhd.

I guess the officer got confused, that I am currently working to a different employeer with EAD and that is not the case. I am working on H1B and I just have EAD with me. My intention was clear to join the sponsoring company after the PR is approved and I think my mistake for not explictly telling that to officer. I am asking my attorney to send a letter mentioning everything.

Do you think we can request for an Infopass and speak to them once more?

thanks
 
no you don't need to explain to them as long as you have the future employer's letter saying the position, salary, permanent job offer to you, and of course the I-140 job approved letter sent to your future employer, you are 100% fine.

InfoPass does nothing but an informative inquiry. You won't get anything besides that. You won't get a chance to talk to your DAO officer.

From what I see in your case, there is nothing to worry about. If the DAO officer is kind ignorant on this matter, how about his/her supervisor? It's no way they can deny your case based on the fact that you are not working for your future employer right now. It's the law says that. It's not their judgemental mind.

I really think you should relax and just wait and pay attention to the visa bulltin. Someday hopefully in the very near future you will be surprised to see an approval letter from USCIS when you open your mail box. Let's just pray and hope for the best. :)
 
buzzhd said:
It's no way they can deny your case based on the fact that you are not working for your future employer right now. It's the law says that. It's not their judgemental mind.
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While the mere fact that the alien is not working for the employer is not sufficient to deny the I-485, it may lead to a rebuttable conclusion that the alien does not intend to work for the sponsoring employer, which certainly is grounds for denial.

It's unlikely, but possible. Look at it on the bright side - if such a determination was made at a CP interview it would be a "question of fact" (versus a "question of law") and therefore unappealable.
 
I can comment nothing. I only found this. If somebody finds the related regulations please post here.

http://www.hooyou.com/lc/faq.html

Examples:

Joe has a Labor Certification application filed on his behalf by Company A while he is working for Company B under his H1-B visa. This is in accordance with USCIS regulations since Joe is only required to work for Company A once permanent immigration status is achieved. Until then, he may work for Company B.

Company C files a Labor Certification application on behalf of Stephanie who is currently living in Paris and not a current employee. This is perfectly in accordance with USCIS regulations since Stephanie is only required to work for Company C once a green card is obtained. It does not matter whether Stephanie is living in the U.S. or is an employee for Company C until that time.
 
TheRealCanadian said:
While the mere fact that the alien is not working for the employer is not sufficient to deny the I-485, it may lead to a rebuttable conclusion that the alien does not intend to work for the sponsoring employer, which certainly is grounds for denial.

This is exactly right. The whole thing about employment immigration is based on sincere intentions. If they suspect that you do not have sincere intention to join the sponsoring employer after PR you may have problems. Remember, the burden of proof is on the alien. They do not have to proof that you do not have sincere intentions. (Just like they do not have to proof that you are not eligible for an immigration benefit, you have to proof the opposite). You have to proof that you DO have sincere intentions. And how do you proof it if you are not working for your sponsor.
It is similar situation when you enter US on visitor visa and then you try to switch to student visa. They can deny F1 because they can suspect "dual intentions" - your coming to US was not with intent only to visit but to study. That is why lawyers advice that you join the sponsor as soon as possible. Of course this does not mean that they will deny your particular case. Just hope for the best.
And of course I am not a lawyer and you do not have to listen to me.
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imgdoctor said:
TheRealCanadian said:
While the mere fact that the alien is not working for the employer is not sufficient to deny the I-485, it may lead to a rebuttable conclusion that the alien does not intend to work for the sponsoring employer, which certainly is grounds for denial.

This is exactly right. The whole thing about employment immigration is based on sincere intentions. If they suspect that you do not have sincere intention to join the sponsoring employer after PR you may have problems. Remember, the burden of proof is on the alien. They do not have to proof that you do not have sincere intentions. (Just like they do not have to proof that you are not eligible for an immigration benefit, you have to proof the opposite). You have to proof that you DO have sincere intentions. And how do you proof it if you are not working for your sponsor.
It is similar situation when you enter US on visitor visa and then you try to switch to student visa. They can deny F1 because they can suspect "dual intentions" - your coming to US was not with intent only to visit but to study. That is why lawyers advice that you join the sponsor as soon as possible. Of course this does not mean that they will deny your particular case. Just hope for the best.
And of course I am not a lawyer and you do not have to listen to me.
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but how do you prove you have real intention of joining your sponsoring employer once PR is obtained?

You said already the burden for the proof is upon the applicant, not CIS. As long as you can prove that you have the intention to join your sponsoring employer once your PR status is obtained through the employer's letter and L?C etc. As long as you are qualified for this job, namely the occupation/position is the same or similar as your current one. You don't need to work for the sponsor in accordance with the immigration law.

What if the applicant is not in the US, but the sponsor agrees to file the labor certificate, I-140 and eventually I-485 by you right after I-140 is approved. You think CIS would deny the case based on the fact that the applicant is not working for his/her sponsor? This is clearly groundless.

To give you an example, a friend of mine who works outside US as a lawyer/legal consulant got PR earlier this year after a long tedious wait PR process. He graduated from NYU as a law student and got sponsor in NYC who applied L/C for him. During this 9 years he never worked for his sponsor before, but he got AOS interviewed in US consulate together with his family and ended up with an approval. If what you said is right, then there is no way for him to get PR because he never worked or at least he was not intended to work for his sponsor in the eyes of CIS...
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buzzhd said:
but how do you prove you have real intention of joining your sponsoring employer once PR is obtained?

- By working for that employer prior to your PR is approved.

In the case that the applicant is out of US it is clearly evident and excusable why he/she is not working for the sponsor. However, CIS will be asking what is the reason for the person in US not to work for the sponsor but instead working for somebody else. You really need to have compelling explanation. It is a tricky situation, I agree. By law you are not required but it is more difficult to convince CIS of your intention to join the sponsor if you are not already working for them and nothing prevents you from doing so.

"but he got AOS interviewed in US consulate" - just to be correct, if he is outside US he is not adjusting status, he is applying for permanent immigrant visa. There are different ways to proof intention depending on whether you are in or outside US.

Here is a response from a very well known immigration attorney to a question:
Can a person stay at home and take care of her baby or work for somebody else while I-485 is pending:
"Once the adjustment application is pending, the person could take a maternity leave. The key is one's intentions after the I-485 is approved. The person would need to show that she is going to work for the employer permanently. I would resume work for the employer before the interview just to show that you still have an employer interested in working for him permanently. I would also not work for anyone else in the mean time since some examiners might take that to mean that you are not serious about working for the employer".

Again, this is in cases when the applicant is in US.
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More on the topic

From BCIS Memo on I-485 Portability After I-140 Revocation, August 4, 2003
...While this Memo recognizes the fundamental immigration concept that the green card process is for a future job offer, it points out that there must be a bona fide job offer in all cases. Since a bona fide job offer is necessary throughout the process, it may be necessary to establish this at some point to the satisfaction of the BCIS examiner. There is no better proof of the bona fide nature of a job offer than the adjustment applicant actually working for the sponsoring employer in the offered position, at the earliest possible stage of the case.
 
What if we take offer from both employer ,employer A (who filed fo GC)and employer B(where applicant is working currently and it hs passed 180 days after 485 filing . If officer says that you are not working then we can convince them that I am willing to join my sponsorer as I have offer and also we can saw them No objection certificate
from employer A mentioning that sponsorer has no problem if I join company B . Atlease I can in my case .will that help me ? because if you have good relation with your company A then we can do above . Experts Please advice .
 
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