Successful and pleasant AC 21 interview at Newark INS

5 yrs 3 months saga ended. Interviewed at Newark on 01/15/2002 for AC21 based case. Approved and stamped for both primary and spouse.

My wife and I reached Newark at around 8:45. The interview was at 9:40. There was a short line outside the building. Got in at 9:00. Security checked, then went to 3 rd floor and dropped interview letter around 9:10. We did not take the lawyer. My wife is the primary and I was the derivative. She had changed jobs after RFE using AC21 so we did not trust the old desi company retained lawyer anyway. Her manager at the new company, one of the largest financial institutions in the world, had given her a very nice employment verification letter stating that she was a very valued employee working in an extremely important project. The job description mentioned was 80% similar to the LCA job description. The job title was totally different: old - \'Software Engineer\', new - \'Senior Technology Officer\'. The salary was 20% more and we got the letter notarized too. We carried two bagfuls of documents and their copies with us to the interview. We were dressed extremely formally, I was wearing a black suit with tie on a white shirt, and my wife wore a black skirt-suit with white blouse. We put on lots of perfume. I guess all this helps to convey a sense of seriousness and purpose.

A male officer at the window called our names at approximately 10:30. When we walked up to the window he apologized for not being able to pronounce the names properly. We said it was fine. He called us inside and asked if I was the lawyer, I said that I was the spouse. He asked if we would have a lawyer at all for the interview - we said no. He then asked my wife to sign on a sheet and then proceeded to fingerprint her - assuring her that "it won\'t hurt at all!" From the beginning, he was very pleasant, cordial and reassuring. Then he made me sign and fingerprinted me, while fingerprinting I was looking at him and he said, "don\'t look at me - look at your wife!"

He led us to his office, administered oath and asked us to sit down. Requested us to hand over passports and medicals, which we did. Then he interviewed my wife first:

First he inspected her passport and took out the old I 94 and put it in (I guess) my wife\'s file. Then he opened her medicals and put that in the file too.

Q. Do you still work for ...?
A. No. I have recently changed jobs.

Q. Do you do similar work?
A. Yes (hands over new employment letter)

Officer reads letter.
Then he checks birth and marriage certificates that are on his file, verifies dates verbally.
(Tip: If you have a birth certificate that shows the registration date as much later to actual birth date, then it is safer to have affidavits from parents too.)
Asks for copy of 2000 tax returns and 2000 W2. All the while he keeps on arranging papers in his file and stapling them.
After this he checks something on his computer. Then starts stamping some papers. Then he opens my wife\'s passport to a fresh page and puts the approval stamp there, puts today\'s date and expiry date (one year from today), writes down her A # and some other stuff and hands it over to her. She is approved!

(Before stamping the passport, while he was stapling my wife\'s photographs to the fingerprint sheet which will be sent to create the actual card, she said that she did not look good in the pictures that were sent with I-485 application and since that picture would be put in the card she would appreciate if he would accept new pictures (of course INS style) that she has taken recently. He smiled, unstapled the old pictures, took the new ones from her, and stapled them to the sheet.)

Now it\'s my turn. He turns to me and says that this is a benefit that I am getting from my wife, so unless she assures him that I have been a good husband all along, he will not approve my case! She immediately tells him that I have NOT! We all start laughing. I say that she has always been a good wife th
 
Pls answer...

Hi...

Congrats!!!
Your wife Informend to INS after changing the Job?Pls share ur experience.
 
... continued

though - we laugh again.

He goes over my documents routinely. No particular extra documents are asked of me. Then he checks something on the computer. I ask if that is how he obtains the visa number. He says no, he is actually checking for arrest records on the computer. I get very tense. Then he prints out 4 pages from his printer and puts it in my file. I get even tenser. To the best of my knowledge I have never been arrested, however, who knows what FBI thinks of me!

Finally, he starts stamping his papers. Then he picks up my passport and says that he is approving me subject to the condition that I do all the cleaning at home today. He tells my wife to call him and let him know tomorrow if I do not do the cleaning after going back home and he\'ll right away revoke my approval!

Now it is done. He explains that we should get the cards within 6 mths by mail (I guess that\'s an upper limit). Till then, this stamp, valid for a year, is as good as the card. I ask him what happens if we do not get the card in a year. He says then something is definitely wrong since the card was obviously stolen in transit and probably sold in the black market. If we do not get the card in 9 months time then we should come to this building, \'stand in the long line downstairs\' and report it.

5 yrs 3 months saga of pain and exploitation is over. Finally we are free. Getting the GC is not really a big accomplishment - its just a big sense of relief.

Good luck to all of you who are waiting. My comments for you:

We were obviously lucky to get a very nice interviewer, if he is representative of INS interviewers, then there is nothing to worry about in the interview. Obviously these people are overworked, this guy told us that he alone is working on 400 cases currently, most of them family based. I do not think they want to increase their work by denying a case unnecessarily since it will be appealed definitely and that will require them to devote more resource to the case. So, unless there is something very wrong with the applicants (like out of status, arrests, etc.), you will get approved. Think of how many emp. based GC denials you have heard of - I haven\'t heard of any in the last 7 years. So just hang on, the day of freedom will come; the pain is only in the waiting.

PD Nov 1996
Labor approved in Jul 1999 (regular EB3) query before ad.
I 140 filed in Dec. 1999
RFE in Jul 2000. Approved Sep 2000
I-485 filed Nov 2000
RFE Sep. 2001. Replied 10/02/2001 (with letter and pay stubs from sponsoring employer since she was still working there)
Transferred to Newark office from VSC on 10/23/2001 - reason unknown
Joined new job on 10/29/2001
Received Int. letter on 12/19/2001
Interviewed and stamped on 01/15/2002
 
Congrats. 5 years is a long time to wait. enjoy

Could you post the job description in Labour certification and the text of the new employment verification letter.

This is a very important piece for AC21 users. All will be much obliged.

Thanks, Fellow
 
Thank you...

Hi...

Your Info will be very much helpful to me. I Appreciate your efforts
Thank you so much...
Enjoy the Freedom ...
 
No Title

Hi sbk, congrats..

Could u please provide details about RFE.
Did they ask all paystubs from sponsoring company since she was working..

Thanks..
 
Congratulations

Great! You gave us very impartant information to us and it will be useful for all of us
 
The emp verification letter format was like:

On Company Letterhead

Name of manager
Official address

Re : Immigration Verification

To whom it may concern:

This is to confirm that ...... is employed at ..... as a ...... He/She is a member of my software development team working on a very important project.

His/Her responsibilites include .........
......
......

His/Her current salary is ....

Please call me at ...... if you need more information regarding his/her work at ...... He/She is truly an asset to our team.

Sincerely,

Name
title

I am not sure if this is the required format but it worked in our case.
 
Thank you...

Hi sbk...
Thank you very much for your helps and reply. Good Luck !!!
 
A couple of questions

Hi sbk,

Thanks very much for posting this! This is very helpful!

My questions are as follows:
1) A letter from a supervisor (the manager in your case) would suffice? Not necessarily from HR?

2) I noticed the start date was not mentioned in your letter. Did it matter? I would start a new job before 180 days(was laid off), so I was wondering if the start date would be important to INS.

I\'d greatly appreciate it if you could share your thoughts!
 
No Title

Normally in companies the HR is the point of contact with the
outside world as regards to hiring/firing, employment verification
etc. But I think your manager\'s letter would be sufficient if
it had complete contact details
 
QUESTION FOR SBK!!!

Hi,
Congrats BTW.
Did you summarize your experience letter based on the ETA750?
How many pages was the letter? (a paragraph or many?)
 
No Title

1. In my opinion (not a legal one), a letter from your supervisor, as long as it is on the official company letterhead, should be trusted more than a letter from the HR in a case like this because not only does he/she know your job title and salary, but in addition, your supervisor is the only person who can elaborate on your job duties. Even if HR writes the letter, they would probably check with your supervisor anyway.

2. The date of joining was not important in our case since we had paystubs to show that my wife had been with her sponsoring employer for more than 180 days since filing of I-485 (actually about a year)

I guess if you are already laid off then you have no option but to start on a new job. Good luck. Some lawyers are of the opinion that according to the law it is only important that 180 days have passed since the filing of I-485 and it is still unadjudicated - it does not matter where you were working during those 180 days.
 
No Title

I have given the format of the letter in my answer # 7.1 above.

The job description stated exactly what my wife is doing in her current job. However, it was worded in the same way as the ETA 750.
 
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