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Immigration
Employment Based Greencard
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what I learned in the process
Same old story, silent reader of the forum, sharing ex-post. I learned a lot through the process and this forum (as well as the one on Trackitt) so I would like to share my top 2-3 learnings.
• 1. The most sensitive step in the process is the PERM, this is also where the company’s choice of the immigration lawyer matters the most. Don’t be scared about doing due diligence on the lawyer if your company involves you in the process (after all you are an agent of the company and should make the best decision for it), nor to ask the candidates (attorneys) how they would approach the PERM process and strategy in the first consultation/introductory meeting that they usually do for free. Lawyers sometimes tend to be vague and tell you that there are a lot of factors they need to consider in depth and that you need to hire them first, blah blah blah, in my opinion if in a hour meeting they cannot identify strengths and weaknesses of a case and clearly articulate a high level strategy, then they are not worth a second chance. In my personal experience I went through a few and did not hire the one who successfully supported me in my H1b because of that. Also don’t be scared of asking them about their track-record in employment based cases, good lawyers cost more but there are parts where you can save $$$, like avoiding an expensive targeted audit in the PERM, the I140 premium processing, and I693.
• 2. Hold tight during the PERM process, once it goes through, it is almost green card unless your company or you have some issues such as inability to pay, criminal record, etc. I also learned from the Trackitt forum when applications with a similar priority date were being processed and I was almost able to track my case.
• 3. Don’t waste money on the I140 premium processing, it is almost impossible that they get to process the I485 before the I140, which means that you will need to wait for the I485 anyways and it will never result in a faster green card (for my understanding this only makes sense for those who want to change jobs after its approval). Rather use the money you save here to hire a better attorney, or to get your attorney to attend your interview.
• 4. Interview process: if you can bring your attorney with you, do so. Maybe you saved money on the premium processing (see above) because this is worth so much more. Helps keeping the interview more rigorous, and if some issues arise they might be dealt on the spot or the lawyer will have better elements for a follow up, and I think overall makes the officer more aware. During the interview be professional, don’t lie, and first and foremost provide concise answers. Sometimes you’ll get asked open ended questions, don’t make the mistake of arguing your response unnecessarily, stick to a straightforward 1 sentence response, the more you say the more mistakes you can make, plus you look defensive. Simply state the facts and if other information is needed then the officer will ask more specific questions.
Be organized with your documents, have everything in a binder with post-its to label everything, the more professional you appear the better it is.
• 5. I693. Do your medical examination only when you receive the interview notice, if it expires you may have to pay again. You have more than a month between the time you receive the notice and the interview date so there is no need to rush. But you can do some pre-work before the interview notice and start shopping around for the cheapest doctor. After all it is just a form they need to fill out, they are not treating any diseases. To save money get the vaccinations you need at Walgreens or CVS beforehand so your health insurance covers the cost rather than paying 3 times the regular price at the medical exam and ask them to issue the international certificate (you don't need all vaccinations, just the ones for your age group https://rootsclinic.org/process-requirements/). Also, you can ask the doctor to print a copy of the form they seal in the envelope if you are concerned about any conditions, I did not do that because I knew I did not have anything but I heard of other people who did.
Here is my timeline.
• Recruiting: January to March 2018. Perm priority date March 2018.
• Perm Approval June 2018.
• I140 and I485 submitted in August 2018, concurrent processing.
• EAD and advance parole received in late September, biometrics appointment about 10 days later in October.
• April 2019 case transferred from Nebraska to National benefit center.
• May 2019 interview scheduled at San Francisco office.
• Early July interview date. It was very long, over 1 hour, but maybe took 15 minutes for the officer to check the documents and opening the I693s for me and my wife. All I485 questions were asked, plus others on our relationship. Our 1 year old baby, born in the USA, was in the room with us and it did not seem to bother the interviewer. She was professional and quite tough, but rigorous and the process was smooth. No approval on the spot but in the afternoon online status showed “new card being processed”. Still waiting for card in the mail
• 1. The most sensitive step in the process is the PERM, this is also where the company’s choice of the immigration lawyer matters the most. Don’t be scared about doing due diligence on the lawyer if your company involves you in the process (after all you are an agent of the company and should make the best decision for it), nor to ask the candidates (attorneys) how they would approach the PERM process and strategy in the first consultation/introductory meeting that they usually do for free. Lawyers sometimes tend to be vague and tell you that there are a lot of factors they need to consider in depth and that you need to hire them first, blah blah blah, in my opinion if in a hour meeting they cannot identify strengths and weaknesses of a case and clearly articulate a high level strategy, then they are not worth a second chance. In my personal experience I went through a few and did not hire the one who successfully supported me in my H1b because of that. Also don’t be scared of asking them about their track-record in employment based cases, good lawyers cost more but there are parts where you can save $$$, like avoiding an expensive targeted audit in the PERM, the I140 premium processing, and I693.
• 2. Hold tight during the PERM process, once it goes through, it is almost green card unless your company or you have some issues such as inability to pay, criminal record, etc. I also learned from the Trackitt forum when applications with a similar priority date were being processed and I was almost able to track my case.
• 3. Don’t waste money on the I140 premium processing, it is almost impossible that they get to process the I485 before the I140, which means that you will need to wait for the I485 anyways and it will never result in a faster green card (for my understanding this only makes sense for those who want to change jobs after its approval). Rather use the money you save here to hire a better attorney, or to get your attorney to attend your interview.
• 4. Interview process: if you can bring your attorney with you, do so. Maybe you saved money on the premium processing (see above) because this is worth so much more. Helps keeping the interview more rigorous, and if some issues arise they might be dealt on the spot or the lawyer will have better elements for a follow up, and I think overall makes the officer more aware. During the interview be professional, don’t lie, and first and foremost provide concise answers. Sometimes you’ll get asked open ended questions, don’t make the mistake of arguing your response unnecessarily, stick to a straightforward 1 sentence response, the more you say the more mistakes you can make, plus you look defensive. Simply state the facts and if other information is needed then the officer will ask more specific questions.
Be organized with your documents, have everything in a binder with post-its to label everything, the more professional you appear the better it is.
• 5. I693. Do your medical examination only when you receive the interview notice, if it expires you may have to pay again. You have more than a month between the time you receive the notice and the interview date so there is no need to rush. But you can do some pre-work before the interview notice and start shopping around for the cheapest doctor. After all it is just a form they need to fill out, they are not treating any diseases. To save money get the vaccinations you need at Walgreens or CVS beforehand so your health insurance covers the cost rather than paying 3 times the regular price at the medical exam and ask them to issue the international certificate (you don't need all vaccinations, just the ones for your age group https://rootsclinic.org/process-requirements/). Also, you can ask the doctor to print a copy of the form they seal in the envelope if you are concerned about any conditions, I did not do that because I knew I did not have anything but I heard of other people who did.
Here is my timeline.
• Recruiting: January to March 2018. Perm priority date March 2018.
• Perm Approval June 2018.
• I140 and I485 submitted in August 2018, concurrent processing.
• EAD and advance parole received in late September, biometrics appointment about 10 days later in October.
• April 2019 case transferred from Nebraska to National benefit center.
• May 2019 interview scheduled at San Francisco office.
• Early July interview date. It was very long, over 1 hour, but maybe took 15 minutes for the officer to check the documents and opening the I693s for me and my wife. All I485 questions were asked, plus others on our relationship. Our 1 year old baby, born in the USA, was in the room with us and it did not seem to bother the interviewer. She was professional and quite tough, but rigorous and the process was smooth. No approval on the spot but in the afternoon online status showed “new card being processed”. Still waiting for card in the mail
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