SFO Interview: 485 approved (AC21)

madman

Registered Users (C)
Let me start by saying thanks to this board. It was a great source of info. I wish to share the good news of my 485 approval.

My advice from my experience:
- take ALL the docs (orignal and copies) to substantiate ALL the info on your application
- if you have a kid(s), take them to the interview
- if you run into a problem like I did, ask for a special pass ( a pink slip ) to come back in the next day
- you will need an employment letter from your company stating full-time, >= LC salary, same duties as on LC, same job title as on LC.
- take an attorney with you. I paid $1000 for the whole day.

I wish everyone on this board good luck. Your time will come.

-regards
madman

case details:
WAC-02-043-xxxxx
PD: 03/13/2001
RD: 10/22
ND: 11/14
Got EAD, Parole in 04/02 sometime
Wife's RFE: Medical 10/2002
My RFE: Paystubs, W2's on 11/07/2002
Case transferred 2/07/2003
Interview notice: 03/16/2003
Interview: 04/09/2003
AD: 04/10/2003

485 approved and passport stamped at SFO after interview. Under AC21, I moved from Company A (petitioner) to Company B after 180 days, then to Company C.

Interview letter asked me to bring
- all passports ( current and expired )
- I94
- 4 latest paystubs
- 2002, 2001, 2000 taxes and W2's
- corporate income taxes for 2000, 2001
- last four DE6 reports

Company C initially refused to provide income taxes and DE6 reports citing confidentiality since it is a private company. However, I retained a lawyer and had my company provide the docs in a sealed envelope to my lawyer who was at the interview. This worked out well. DE6 reports have quarterly wages of all employees and thus the sensitivity.

We decided to take our 9 month baby with us. This worked out well since it broke the ice. Thankfully, she was really good.

Interview started on time. Me and my wife were asked to take the oath and then produce
- Drivers License
- SIN card
- EAD card
- Advance Parole ( orignal )
- All passports
- Baby's passport
- Birth certificate ( to prove that we were the parents )
- Baby's SIN card

The officer photocopied all our passports even though I had copies with me. He then wrote "cancelled" on all US visas on all passports. He then proceeded to ask questions from a form including
- political affiliation
- member of any army
- arrests ( even for protests specifically !! )
- DUI
- immigration violation

Then, he asked me questions without referring to any document, got me riled up inside
- What would you do if you saw any suspicious activity
- Were you ever a terrorist
- Are you planning to be a terrorist ( !!! Duh !!! )
- Did you have an arranged marriage? ( made some remark about how divorce rates are lower among Indians )
- He asked my wife "When were you married?"
- Were you ever married before
- What is your address
- Who lives with you
- Do you own or rent

He then reviewed and asked me for every entry on my 485 application including job history, address, contact info. He wasn't too thorough with my wife's file though.

Then, he reviewed my W2's and commented on why my W2 wages were much higher than LC salary. This was because of bonuses, severance packages etc.

He asked me how long I had worked for petitioner. He did some math and said, "Ok. You were there for at least 180 days. AC21 is applicable". He then asked for an original employment verification letter from current employer. I made sure that my letter had EXACT same title and duties as on my LC since this was true. He asked me for my title and job description. I parroted the title and duties on LC. He said that my case could not be approved because my salary was $10K less than that on my LC. At this time, my lawyer interjected and said that he could use his discretion to show some leeway since the difference was 'small' ( try telling that to my employer..). The officer insisted that the salary shoud be >= LC salary. Period.

My lawyer then interjected. He asked if I could bring in a new employment letter with reqd salary the next day. The officer agreed and gave me a special pass so that I could come in the next day only. He said that if I wasn't there by noon, the files would leave his desk and I would get an RFE and then someone else would open my file in a few months etc. My lawyer then asked for the original back. At this point, the officer said he just needed a letter with the correct salary...

The officer also told me that I need not bring my wife and kid the next day. All I had to do was get the letter and their passports.

He commented on the fact that I had organized the docs well. He saw that I brought everything and didn't even check the corporate income taxes or the DE6 reports or paystubs !! The current employment letter is worth its weight in gold !!!
The officer then said that my wife's case could not be approved since her medicals were not complete. I told him that she had responded to an RFE in this regard. He then checked the file one more time and found everything to be in order.

Needless to say, I drove back to work and worked it out with the powers that be that I get a new letter issued. I am thankful that the bosses were able to readjust bonuses, options to give me the reqd salary.

Today, I was there at 8:00 am with the letter. At 8:30 the officer got the letter and at 8:45 stamped our passports.
 
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Congratulation

Originally posted by madman
He asked me how long I had worked for petitioner. He did some math and said, "Ok. You were there for at least 180 days. AC21 is applicable".

He is moron and doesn't know AC21. AC21 is applicable if BCIS didn't touch your case for 180 days.
 
Congratulations !!!

Enjoy freedom Madman !!!

Yours was a complicated case and I must say. you got your case approved in a relatively shorter period of time compared to others (looking at your priority date). This however gives hope to all the rest of us ...

Could you tell how you managed to have INS (BCIS) pick your case and process it. I would seriously want to know. My priority date is much earlier than yours and also I-485 RD and ND are before yours.

Is there really no logic how the cases are picked ?

Wish u all the best things that could possibly happen following this approval. :)

-life_on_hold
 
Re: Congratulations !!!

Originally posted by life_on_hold

Could you tell how you managed to have INS (BCIS) pick your case and process it. I would seriously want to know. My priority date is much earlier than yours and also I-485 RD and ND are before yours.

Is there really no logic how the cases are picked ?

Wish u all the best things that could possibly happen following this approval. :)

-life_on_hold

Thanks for good wishes. I did not do anything to get my interview notice and interview date. I will attribute that to the luck of the draw. I was pleasantly surprised when I got the interview notice early...especially after reading vipsha's postings.

I hope things start moving. I have a feeling that if things don't happen right away, then they will take a long time. For instance, I rcvd case transfer within 2 months of RFE, interview date 2 months from letter. Perhaps at the time your file was reviewed, there was some hold or the other and so your file goes to pile A. Mine was reviewed when there were no holds and goes to pile B. Sounds like INS may be working on pile B. Also, I wonder if it matters that my FP would have expired in May...this may have triggered a chain of events.

I know this is not fair to you. All you can is what is in your control...wait. Hope things work out sooner than later.
 
Hi Buddy,
Many congratulation.
Could you please share the AC21 letter and the employment
letter format?
Jay
 
Great News

Congrats buddy. I am extremely happy for your approval. About a month ago I saw one of your postings and realized how similar our journeys had been, and I was totally depressed. I had since been approved and pp stamped and I was waiting and praying for your approval...
Enjoy ypur freedom.
 
I am curious to know if they will ask 1) corporate income taxes and 2) DE6 reports if petioner's I-140 is NIW/EB1 based and the petioner is working in the hospital.

Thanks,
 
congratulations

congrats madman

you have done an excellent job in explaining your experience with us. it was really informative.


enjoy the freedom.
cennai
 
Madman, !!!Congratulations!!!, Enjoy your FREEDOM, I hope you have a good night's Sleep. Good luck in all your endeavors

Srini
 
Congratulations!!! Thanks for writing down each and every step in a crystal clear way.

I am also in the similar boat, I have couple of questions.

1. AC21 need to be submitted only when the RFE comes (or) do we need to file it as soon as the employer was changed?

2. Generally how much time do they give when they issue RFE?

3. Pay slips 4 meaning ( last two months right each 15 days salary)

4. Can you share the AC21 letter and the employment
letter formats?

Thanks in advance for all the info.
 
Madman,

!!! Congratulations !!! No strings attached. :)

I am really happy to see your approval so fast. I said what I saw on this board. But see how happy your were by getting interview notice so fast and now approval.

I don't know when I will get a approval letter from CSC.:(
 
answers to your questions

Originally posted by tx_beginner
Congratulations!!! Thanks for writing down each and every step in a crystal clear way.

I am also in the similar boat, I have couple of questions.

1. AC21 need to be submitted only when the RFE comes (or) do we need to file it as soon as the employer was changed?

2. Generally how much time do they give when they issue RFE?

3. Pay slips 4 meaning ( last two months right each 15 days salary)

4. Can you share the AC21 letter and the employment
letter formats?

Thanks in advance for all the info.

1. Get a letter from petitioner on letterhead (from HR, manager) stating title, salary, duties, full-time status. Get very similar if not exact letter from current employer with salary >= LC salary. INS officer said he doesn't care about bonus, options etc. "current salary >= LC salary". Do not submit the letter proactively. If you get RFE for paystubs, W2's then send the AC21 letter. ( I will attach format tonight ). If you get interview, then take the AC21 letter with you in addition to other things.

2. 90 days in my case. I am sure it is a standard.

3. Yes. Last four pay periods.

4. Tonight I will post
 
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