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johnnyirl

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  • City
    New York
  • State
    New York

Immigration Info

  • Immigration Status
    EB-3 Visa
  • Place benefits filed at
    Nebraska Service Center
  • Country
    Ireland

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  1. Hey. Yes the problem was resolved. It was because my case was transferred to an embassy in a different country and the NVC had created a different case ID for me. When I called the NVC they gave me the new case number. In your case, I've heard that sometimes there is a latency between moving from one status to the next, and what you're seeing may not necessarily be a bad thing. But you could call the NVC to confirm.
  2. Just got a second opinion from a very good immigration lawyer in NY. He said that as long as you didn't intend to commit fraud during the I-140 and visa adjudication process, and you aren't committing fraud now, that there will be no problem whatsoever during the naturalization interview. He said that you could get denied if the intended job never existed or if the GC was paid for as a scheme, something like that. And also, he mentioned that it's not my fault that I'm getting paid from a different company - if anything that's on the employer. I showed up for work and am working for the sponsor, just getting paid from another company. No red flags whatsoever. He said with this AC21 thing that they really don't care about switching jobs any more. He confirmed that I was overthinking it, that he has being doing this a long time, and to go and enjoy the US and stop worrying. Another tip - that since the naturalization form only says to put down the last 5 years worth of employment history, if we waited a little longer to naturalize, the sponsor's name would not even appear on the list and so the question would be avoided entirely. Hope this helps!
  3. I'm not farmed out to anyone. The affiliate is just a company on paper. There are no employees in it except for myself of course. It's the same owners, the same address (on paper). I work directly for the sponsor and the sponsor created this other company to keep the intellectual property of all software created within this company. It's the same address, the same ownership, I even have the sponsor's email domain. The position was needed by the sponsor - like, I am part of the sponsor's employee hierarchy, I have the sponsor's email, I work on the sponsor's systems, I work at the sponsor's address. The sponsor created this other company to protect intellectual property and I get paid by this company. That's the only difference. As someone else pointed out, it's a slight restructure to protect software rights but nothing to do with moving me to different company in the general sense. The attorney who filed my I-140 is the legal counsel for the sponsor. As my work is still directly for the sponsor, she is still my attorney and I have full access to legal counsel. She is the one who gave me the letter saying that the sponsor determined that I would be better suited to placed under the guise of the affiliate company. I am going to go back and ask for the statement to be adjusted, to say that the recipient of the work is still the sponsor, but that I get paid by this other company that was setup to protect intellectual property. It's worth mentioning that she said I'm over-thinking things and that as long as there was true intent when my I-140 was filed then it doesn't matter who you work for. And besides, in my case, it's not as if I moved to another location - I'm still in the sponsor's office working for them.
  4. It's worth mentioning again that I'm still working for the sponsor. I'm in the sponsor's office, the boss are my sponsor's employees. I have the sponsor's apparel. I sometimes get a check directly from them. The only thing is that a different company pays my wage most of the time (except that once or twice where I received a check directly from the sponsor). This other company was setup so that IT staff doing work for the sponsor, if they create software, that the software would remain the intellectual property of this other company. Just to be clear, this other company is not a staffing agency.
  5. Thanks Boiler. About there is no requirement - do you mind if I ask what that means specifically? E.g. does it mean that it doesn't matter who you work for as long as the intent was there during the I-140 process?
  6. I recently became a permanent resident through the employment-based category. When I came to the US, the company (aka the sponsor) wanted me to work for a different company that the owners had setup. I believe it was something to do with retaining all software intellectual property in the second company. Some important details: All the work I do is for the sponsoring company, I just get paid by company B. I'm under the same roof as the sponsoring company, and company B has the same address as the sponsor. The ownership of both companies is almost, but not entirely the same. I'm worried that when I go for the citizenship interview that USCIS might turn around and say that fraud was committed or something like that. Has anyone been in this situation before? I've tried to be proactive about things and managed to get the sponsoring company to issue me a check for one of the months I worked. This was to maintain a trail of a connection to the sponsoring company. Also I managed to get a letter from the sponsor stating '...even though we sponsored this person, he started work with an affiliate company under similar ownership as we deemed his work to be more suited to that company". I've been thinking about this for months and don't want to spend the next 4.5 years worrying about it. If anyone had any guidance that would be great. Thank you!
  7. It's worth mentioning that when I was waiting outside the embassy to go inside, there were two other couples with no connections to Romania who had transferred to Bucharest. One from London and I don't know where the other was from but they said they had transferred. Also, if you follow the immigration lawyers on Twitter, you would have seen last year that many, many people were successful in transferring embassies without having residence in the new country. I know of two personally because I reached out to them. One lady from Finland who had been waiting for her spouse immigrant visa successfully applied to Casablanca was was able and willing to go there. It's not widely documented but it does happen and based on my experience it happens more often than you'd think. Also I don't know of anyone who went through the official DOS route. I and they went through the embassy directly. I think you're going to see more people documenting their experience about this.
  8. True - but you're missing the point. I came on to share my experience on changing embassy, and you lot just can't take it. And initially didn't believe it.
  9. Exception or not, it is possible and I explained how to do it. If Bucharest accepted based on the grounds of a long delay, then others with more pressing reasons you would only imagine would have a better chance of success.
  10. Thank you very much. Honestly it was hard to get the information out. My first thread was deleted. My second thread was moved (after I myself was told to move on), and besides yourself and perhaps one other person, the big shots here seem to be threatened that I proved something they apparently thought was impossible. As you say I only came back to help out but I might critique this site by saying egos are going to get in the way of people getting the info they need. That's not directly towards you by the way, and thanks again for showing respect when others are seriously lacking it.
  11. You're right to a certain point, the motivation to move embassy was influenced by the situation at Dublin. But the context of my experience was to describe HOW I managed to move embassies, not why. There is an assumption that people reading this will find it helpful and might prompt them to do something similar. At the time, Trump had issued PP 10041 and also there was a Schengen-wide ban on entry due to Covid. Since Romania is not in the Schengen area and at the time they had Covid under control, I looked up the NIV wait times and they were only 2-3 days. Now, I figured, if they are processing NIV interviews fast, they must also be a short waiting period for IV interviews. So I threw caution to the wind and asked the IV unit in Bucharest if they would accept a transfer request. Honestly, from the first response I got from them to the point I got my visa, they were very accommodating and courteous. It is clear that the Department of State rules on embassy transfer are not strictly followed in all cases. The embassies are seen to somewhat dance to their own tune.
  12. Would be happy to answer your questions. For the record, I didn't write "I'm JohnnyIrl...". I gave the following information: How long I'd been waiting at the NVC and in particular, how long I'd been documentarily qualified. My visa category. That Dublin was completely backed up and that they stopped responding to my emails. That the interview was for me and a derivative (my spouse). That we were available to travel to Romania at short notice and are both double vaccinated. Other than that I didn't really provide any more information. The embassy replied like that 'We understand you and your spouse have been waiting a long time to be adjudicated. We accept your request to adjudicate your visas and we'll be in touch when we receive your file from the NVC.' Then I got in touch with my petitioner and got them to send a letter on official letterhead paper and signed by the CEO to the NVC expedite email address. It was approved by the embassy and they got in touch with me directly to schedule the interview.
  13. Despite me telling people transferring an immigrant visa interview to a different embassy in a country which I am not a resident or citizen, it appears there are still some who do not believe it. So let me explain exactly how I did it. I am now living in the US having moved in December 2021. Step 1. In July 2021 after having being ‘At NVC’ for almost 12 months, I contacted the embassy in Bucharest directly asking if they would adjudicate my immigrant visa. They replied in August 2021 and said that they would, and asked the NVC to transfer my case from Dublin to Bucharest. I received a new case number beginning with ‘BCH2021’ (old number was ‘DBL2020******’. Step 2. I got my petitioner to send an expedite request based on the grounds that unless I immigrated as soon as possible they would withdraw the petition and this would not be in the interest of the USA. The request was accepted. Step 3. The embassy in Bucharest reached out to me directly to schedule an interview and I went there a few weeks later and did both the medical and interview in Bucharest. The visa was issued. The rules are the rules, but this is my experience and it shows that the rules are not always enforced. Those who told me that I am EB-3 and this is a CR* forum and for me to get lost - learn how to treat people with respect. Also EB-3 visas and CR* visas are both immigrant visas and are both handled by the NVC so there is commonality in the handling of the visa scheduling.
  14. Hi everyone, Been tracking my NVC case number since August 2020. Was documentarily qualified in November 2020. The status has always been 'At NVC'. Today however, it's showing 'Your search did not return any data.'. Has anyone encountered this before? Getting worried that something's up! Thanks!
  15. Thanks a mil! Yeah hopefully at the end of this month they will schedule more employment based and other visa interviews. Will report back with the expedite result.
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