Originally posted by madman
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.
! I strongly doubt my employers will be as understanding or nice about it, if I were in the same situation.