AmarImmi Posted August 29, 2017 Report Posted August 29, 2017 Strange Question from N-400 Interview Hello , I did go for my N-400 Interview and the officer was reviewing my documents for G.C. He saw that i changed my job once while my GC was in progress. He mentioned that my original employer withdrew I140 after i changed my job and the new employer did not file a new Labor and new I-140 even though i received GC. I mentioned to him that my law firm filed AC21 Portability and other docs to support that. He still was not convinced with the GC process and wanted more time and my case might go for supervisor review. Is anything wrong with my GC Process? I obviously moved to a new job more than 4 Years after filing I140 and 3 years after approval I140. If my previous employer withdraws I140, Should my new employer file again? Below is my Green Card Path. I140/I485 Filling- Sept 2005 Company Change - Oct 2009 RFE received from USCIS - Dec 2009 AC21 Filed with New Employer -Dec 2009 Green Card Approved - July 2010 N400 Apply in - March 2017
pontevecchio Posted August 29, 2017 Report Posted August 29, 2017 Get your lawyer involved ASAP. A forum is not the right place. You seem to be OK if the facts are as stated. Wait for the supervisor to correct the new recruit/Intern and if no joy in a few weeks get a Lawyer involved.
AmarImmi Posted August 30, 2017 Author Report Posted August 30, 2017 On 8/29/2017 at 3:53 PM, pontevecchio said: Get your lawyer involved ASAP. A forum is not the right place. You seem to be OK if the facts are as stated. Wait for the supervisor to correct the new recruit/Intern and if no joy in a few weeks get a Lawyer involved. The person interviewed did not seem to be an Intern but ...very hostile. It has been close to 30 days since the interview completed. The response from USCIS has been it takes 60-90 days for review. Should i hire an attorney at this point?
Alexander-2017 Posted August 30, 2017 Report Posted August 30, 2017 Consult a lawyer and then based on the outcome you can decide if you need to hire one. Murthy and other law offices provide consultation and they will advise you if you need to get a lawyer involved.
AmarImmi Posted August 30, 2017 Author Report Posted August 30, 2017 Thank you, both for the input. Will consult a lawyer.
pontevecchio Posted August 30, 2017 Report Posted August 30, 2017 Maybe a Murthy Lawyer can chip in with any new degree of hostility and delay experienced in Naturalization Interviews by their ex clients?
Attorney_22 Posted August 30, 2017 Report Posted August 30, 2017 1 hour ago, pontevecchio said: Maybe a Murthy Lawyer can chip in with any new degree of hostility and delay experienced in Naturalization Interviews by their ex clients? It is true there are more frequent examples of USCIS officers being hostile and unprofessional during naturalization interviews. We are hopeful these are only rogue officers, and not a policy guided trend. Nonetheless, it is important to maintain your own composure and professionalism during interviews, and fight ignorance with the facts and law. AC21 is recognized law and therefore if you find you are having issues it may be advisable to contact our office to discuss the matter in more detail. You may also find congressional support helpful.
atewani Posted August 30, 2017 Report Posted August 30, 2017 Hello AmmarImmi Do you mind sharing which center was this at? Also would you mind sharing further information on this, as the case progresses? There would be a lot of people who have changed their job on EAD/AC21 and would like to know how to handle this situation. Wish you all the best Ashok
Alexander-2017 Posted August 30, 2017 Report Posted August 30, 2017 Actually, a colleague of mine was asked during the citizenship interview to provide documents that he has worked in the same field as stated in his NIW I-140. He is from S. Korea so there is no reason to be hostile with him whatsoever (even by a Trumpist) plus he works at one of the most known/famous IT corporations in the US and his NIW was in the same field. I hope it's not a policy guided trend.
AmarImmi Posted August 30, 2017 Author Report Posted August 30, 2017 2 hours ago, Attorney_22 said: It is true there are more frequent examples of USCIS officers being hostile and unprofessional during naturalization interviews. We are hopeful these are only rogue officers, and not a policy guided trend. Nonetheless, it is important to maintain your own composure and professionalism during interviews, and fight ignorance with the facts and law. AC21 is recognized law and therefore if you find you are having issues it may be advisable to contact our office to discuss the matter in more detail. You may also find congressional support helpful. I have reached out today to Murthy law-firm for consultation. The immigration officer seems to be experienced but surprisingly hostile. He Hardly had a smile. Got a sense they are doing me a huge favor to grant me citizenship. He Wanted to know how much salary i make today compared to 8-10 Years back. Lots of questions about 8-9 years back on the reasons why i changed a company. I was patient and courteous through out the interview. I was definitely not prepared for such grilling.
pontevecchio Posted August 30, 2017 Report Posted August 30, 2017 Trumpism refers to race and not country of origin. He said, she said is not proof of what actually happened specially if a friend is giving his slant to another friend. It is not a requirement to smile .
Alexander-2017 Posted August 31, 2017 Report Posted August 31, 2017 2 hours ago, pontevecchio said: Trumpism refers to race and not country of origin. He said, she said is not proof of what actually happened specially if a friend is giving his slant to another friend. It is not a requirement to smile . 1) Tumpism is not really as simple as that. Furthermore, race and country of origin are synonymous with high percentage in the Old World countries. 2) There is no proof about anything you or I post, either, even as an OP. The forum is about exchanging experiences and providing advice. It also has moderators who approve or decline comments based on whether they are relevant.
JoeF Posted August 31, 2017 Report Posted August 31, 2017 If something was legally wrong, you have the courts to fix that. Often, it doesn't need the courts. Way back when, ca. 10 years ago, a friend had an issue where he wanted the oath modified to have the reference to a deity removed. The examiner said, no way, you take the oath as is or you can't become a citizen. After the interview, my friend contacted a DC-based organization dedicated to separation of church and state. That organization wrote a letter to the head of USCIS, and my friend had his ceremony with the modified oath 3 days later. I had a related experience, with the examiner saying I can't have the modified oath. She went to her supervisor, who said the same. 10 minutes later, the supervisor came into the room, said it is ok. He obviously looked it up... The examiner still didn't get my reasoning, asking, "so, you don't believe in God?" I explained to her that it was about separation of church and state, not about what I believe or not. I think she still didn't get it... It was funny to see that I knew more about this part of the law than the people from the agency enforcing.It... Anyway, as was said by Attorney_22, always stay professional. Fixing things later is much easier if you stay calm. "You'll hear from my lawyer" would be the extend of my reaction.
pontevecchio Posted August 31, 2017 Report Posted August 31, 2017 Past experience is not necessary relevant here. Things seem to have changed for the worse. The seriousness of the current situation should not be taken lightly. The rule of law would seem to be coming under threat. This post is just one more episode giving pause for thought.
AmarImmi Posted September 5, 2017 Author Report Posted September 5, 2017 Had a Phone Consultation with Murthy Law Firm. The lawyer was in agreement that i was well within the bounds of AC21 and was surprised the immigration officer was blatantly off the mark. Might have to file an addendum to the application now. Also reached out to Ombudsman with no luck since it is within the time frame (60-90 days review).
leman Posted November 3, 2017 Report Posted November 3, 2017 How far your case has moved? Any progress? It will be helpful for others to learn from your case. So please keep us updated. Thank You and our best wishes and prayers for case.
AmarImmi Posted January 26, 2018 Author Report Posted January 26, 2018 Apologies..for the delayed response. We flew Overseas in Nov-Dec '17 for Family reasons. My Wife received a call from USCIS when we were out of the country . We could not take the call at that time and there was NO Voice Mail. They send out a Letter asking for Photos for her (since its a name change) We knew at that point in time our Case Was Approved for Naturalization. Once we returned from overseas, we meet the immigration officer of my wife(the nice guy) and provided the photos required for Name Change. We Enquired with him about the reason for the delay and he had NO answer. We did not Press him too much on why they delayed our case for such a blatant reason (since he had no issues ). Our Oath Ceremony has completed as well. But the whole experience has left me baffled and question their motives. My Suggestion would be , prepare yourself for all these curveballs and take nothing for granted. Good Luck all !!!
JoeF Posted January 27, 2018 Report Posted January 27, 2018 Congrats on your citizenship. Make sure to register to vote, and help voting in immigration-friendly people.
AmarImmi Posted January 28, 2018 Author Report Posted January 28, 2018 22 hours ago, JoeF said: Congrats on your citizenship. Make sure to register to vote, and help voting in immigration-friendly people. Thank you. We had a little baby ready to go home after the ceremony. BUT we took some time right there and Registered to Vot
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