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Attorney_22

In-Person Interview Requirement for Employment-Based Green Card Cases

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This week, Murthy Law Firm attorneys will answer questions regarding the new in-person interview requirement for I-485 applicants in employment-based cases.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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With the introduction of in-person interviews ,any idea how much it will slow down eb2 india priority dates movement? 

How much could be the rejection rates at the interview stage.

Thank you

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How much will it delay EB1C 485 processing time?

We been already interviewed during L1A visa for exactly the same requirement of EB1C. What would be different in this interview?

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I've already undergone AOS (and gotten PR) but my wife couldn't due to J-1 visa. Her J-1 waiver is now complete and we're getting ready to submit her AOS/I-485 application. Will she have to undergo in-person interview?

Thanks!

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I'm assuming this is required for I-485 applications that are based I-140 NIW. 

 

1) What is the estimated additional delay? I-485 applications are taking about 8 months already nowadays.

2) Any speculations regarding the type of questions maybe asked during such interviews specifically for I-140 NIW approvals? Do you think they may ask about continuity to work in the same field? Salary?

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On 8/31/2017 at 5:24 PM, sunnysk said:

With the introduction of in-person interviews ,any idea how much it will slow down eb2 india priority dates movement? 

How much could be the rejection rates at the interview stage.

Thank you

Unfortunately it is too early to tell how this will affect processing for employment-based adjustment of status applications. However, it is likely we will see obvious increases in overall processing times. 

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On 8/31/2017 at 11:22 PM, RaviGC said:

How much will it delay EB1C 485 processing time?

We been already interviewed during L1A visa for exactly the same requirement of EB1C. What would be different in this interview?

It is likely this will delay the EB1C processing times. The interview will not only touch upon the position and how you qualify, it will also review your entire U.S. immigration history and biographic information to ensure you are eligible for the benefit sought. 

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On 9/1/2017 at 10:52 AM, chewymccloud said:

I've already undergone AOS (and gotten PR) but my wife couldn't due to J-1 visa. Her J-1 waiver is now complete and we're getting ready to submit her AOS/I-485 application. Will she have to undergo in-person interview?

Thanks!

Based on the administrative change your wife will most likely be interviewed. 

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On 9/2/2017 at 1:28 PM, Alexander-2017 said:

I'm assuming this is required for I-485 applications that are based I-140 NIW. 

 

1) What is the estimated additional delay? I-485 applications are taking about 8 months already nowadays.

2) Any speculations regarding the type of questions maybe asked during such interviews specifically for I-140 NIW approvals? Do you think they may ask about continuity to work in the same field? Salary?

We expect this will cause delays in processing times, however it is too early to tell how great the additional delay may be. Any interview will discuss your eligibility for the benefit sought and review your immigration history and biographic information. 

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My husband and I have submitted our 485 applications for employment based EB1B category in May2017. We have already completed our biometrics appointments. Does the in person interview process apply to our application or is it for newly submitted applications?

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21 hours ago, janedoe101 said:

My husband and I have submitted our 485 applications for employment based EB1B category in May2017. We have already completed our biometrics appointments. Does the in person interview process apply to our application or is it for newly submitted applications?

If the green cards are not approved prior to October 1, 2017, it is likely you will have an interview. 

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For a Canadian born citizen, would it be better to abandon an already-filed AOS; file instead for I-824, and do Consular Processing in Canada?

1) I wonder if the interview questions would be the same for AOS and Consular Processing? 

2) If so, then do you see any advantage for a Canadian born citizen staying in the AOS cue?  (it's for an EB-2; I-140 already approved; biometrics already done, etc). 

3) Any risks filing for I-824?   

Appreciate this great service your law office offers. :)

 

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The interview for CP is a formality. It took 5 minutes in my case (granted, quite some time ago, but this new rule is about I-485 interviews only.) The officer was leafing through my file and asked a couple questions.

The consulates can't deny CP cases unless there clearly is fraud, or missing paperwork.

For CP, the job offer has to be from the employer who filed the I-140. The whole "you can change jobs once the I-485 is pending for 180 days" doesn't work for CP. I guess that's not an issue for you, just wanted to mention it for others who read this.

Edited by JoeF

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11 hours ago, JoeF said:

The interview for CP is a formality. It took 5 minutes in my case (granted, quite some time ago, but this new rule is about I-485 interviews only.) The officer was leafing through my file and asked a couple questions.

The consulates can't deny CP cases unless there clearly is fraud, or missing paperwork.

For CP, the job offer has to be from the employer who filed the I-140. The whole "you can change jobs once the I-485 is pending for 180 days" doesn't work for CP. I guess that's not an issue for you, just wanted to mention it for others who read this.

Thank you, JoeF.  That is really helpful.  You are the best for giving people in my situation hope. :)

I hope the lawyer on this forum has time to tell Canadians in the AOS (I-485) cue if doing the I-824 is worth it, so that we can use CP; or if I-824 is going to delay things longer than waiting for the AOS, and if it's just better to wait out the AOS.  I'm not worried about the interview: I just want to go the route that is quicker for us Canucks. ;)

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On 9/15/2017 at 10:30 AM, TaylorSwift said:

Thank you, JoeF.  That is really helpful.  You are the best for giving people in my situation hope. :)

I hope the lawyer on this forum has time to tell Canadians in the AOS (I-485) cue if doing the I-824 is worth it, so that we can use CP; or if I-824 is going to delay things longer than waiting for the AOS, and if it's just better to wait out the AOS.  I'm not worried about the interview: I just want to go the route that is quicker for us Canucks. ;)

Hi TaylorSwift, it is a judgement call at this time as we don't have any data on how much of a delay the AOS interviews will cause. However, if you would like to discuss your specific circumstance in detail, feel free to give our office a call. 

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Hello,

My priority date is October 26th, 2006 for EB3 India.

If the dates become current in the November visa bulletin, what are the documents I need to keep ready as USCIS has introduced in-person interviews.

The reason for me asking  is , my husband passed away. I do not have much info about all this process. The I-485 which I have is from my husband and I am a derivative of it. 

We got our EAD in 2008 and we have been working since then using our EAD's.

Can someone please help me with the info , so that I can get ready with all the documents required.

Thanks,

Priya

 

Edited by Priya0331

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On 9/21/2017 at 10:06 PM, Priya0331 said:

Hello,

My priority date is October 26th, 2006 for EB3 India.

If the dates become current in the November visa bulletin, what are the documents I need to keep ready as USCIS has introduced in-person interviews.

The reason for me asking  is , my husband passed away. I do not have much info about all this process. The I-485 which I have is from my husband and I am a derivative of it. 

We got our EAD in 2008 and we have been working since then using our EAD's.

Can someone please help me with the info , so that I can get ready with all the documents required.

Thanks,

Priya

 

Hi Priya, if you have not already- it is very important you speak to an experienced immigration attorney. Feel free to call our office if you are not already working with an attorney. 

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I applied Green card in EB 1C category and filed I-140 and I-485 concurrently on 29-Apr-2016. I-140 approved in May 2017 and I-485 is still pending. Do I have to go through in person interview? Please confirm.

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It is likely an interview will be scheduled. 

54 minutes ago, asakchris said:

I applied Green card in EB 1C category and filed I-140 and I-485 concurrently on 29-Apr-2016. I-140 approved in May 2017 and I-485 is still pending. Do I have to go through in person interview? Please confirm.

 

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Do we know if all will be getting the interview? I read somewhere that cases filed after March 2017 will get interview call? Is that true? Do Murthy lawyer knows if someone got interview call?

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18 hours ago, UrgentQ said:

Do we know if all will be getting the interview? I read somewhere that cases filed after March 2017 will get interview call? Is that true? Do Murthy lawyer knows if someone got interview call?

According to the Ombudsman's Office, it is unlikely applications filed prior to March 6, 2017, will have interviews (for cases without interview triggers, such as criminal history). After March 6, 2017, interviews are likely. 

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Hello Friends,

Thanks a lot to Murthy law firm and other active members in this forum. 

I am on the pending 485. Currently I have the valid EAD and I am the main applicant. My wife and kids are derivative applicants from me and they are also holding the valid EAD's.  

If something happens to me like for example death and etc., what happens to my wife and kids 485 applications?  Are they still valid?

Thanks.

 

 

 

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Hope that situation shouldn't occur to anyone.   To answer your question the following link should clarify:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter8.html

https://www.uscis.gov/greencard/section-204l-relief-surviving-relatives

 

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Thank you so much Ganapathi for the great response and a big relief for me. Life is full of surprises, preparation is the key for this.  

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7 hours ago, pangulu said:

Thank you so much Ganapathi for the great response and a big relief for me. Life is full of surprises, preparation is the key for this.  

Yeah, with nutcases shooting people, like last Sunday, you really can never know :(

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