Bad News Guys
Well, I have received a letter for an interview for my AOS. The interveiw date was Sep. 17, 2003 at 6:30 am.
I took my lawyer with me to the interview. Initially the interview was smooth with the usual silly questions: Have you been arrested, bla bla. to which I answered no.
Then all over a sudden, the lady asked to look at my H1B stamp. The stamp was annotated "PART NO INTENDING IMMIGRATNT, MMET RULES." Then she said your H1B says you are not intenting immigrant, why did you file for AOS. I siad because I had I 1-40 approved and wanted to stay here. She then said but that is mirepresntation because you should have told the consulate that and did consular processing.
My lawyer then jumped in and sais that H1B is a dual intet visa and he is entitled to either AOS or consular processing, and we elected AOS for him, that is the law. She then said but he should have declared his intention at the time he apllied for the H1B. I said: I did tell the consular at the embassy that I have and approved I-140 declaring my intent to immigrate. She said, fine, I will get your visa file from the embassy to check it out.
My lawer was very angry that she did not understand that H1B is dual intent visa, and that I caould have both intentions.
So, the wait goes on.