inquisitive40

Yes, this is exactly the same in a lot of companies in Ireland. There is nothing unfair about this and I always regard it as the time given to the employee to impress his new employer enough so that he is given a full time position.
Also the time acrued is pretty much the same i.e. no holidays etc until after the 90 day trial (some companies in Ireland are actually 6 months) and then it is backdated to when you started once they employ you premanently.

I still think that this company may be sympathetic to this case for time off. no matter how many people are out there with qualifications, it is often the personality which gets the job and seems that Jay has impressed his prospective employer enough to get this far.

Patrick

J Moreno

sphyrapicus <member18745@british_expats.com> wrote:

    > While I do agree that missing USCIS appointments is not advisable. I do
    > not agree that we should monday-morning-quarterback this issue and
    > declare Alect guilty-as-charged without hearing why he was issued the
    > denial letter.

But he is guilty as charged -- he willfully missed the appointment.

Whether USCIS made a mistake or not, that is core of the matter -- if
he'd attended the interview, which he could have done, he wouldn't be
having this problem.

While advice for how to deal with the problem is appropriate, I don't
think sympathy is...he acted according to his stated priorities, and
this quite predictable result is the consequences of that.

He broke it, and now he wants to fix it -- fine, but don't cry over the
fact that it got broken.

--
J. Moreno

L D Jones

Jason-Oregon wrote:

    >>Just curious here but what type of job is this? How can a comapny be
    >>so intolerant of something which is so important (AOS interview)?
    >>I know I have no real experience of working here in the US and so do
    >>not know if this is normal but I would think that once you had the job
    >>and were in training, there would be someone who could authorize the
    >>time off for this very important interview?
    >>Patrick
    >
    >
    > Hi Patrick,
    >
    > Its a management Tech support job but with really good prospects and
    > from the area as well a really good wage...I feel also that they are
    > being intolerant.. what would happen if someone else on the training had
    > an emergency, would they get kicked off?

what is management tech support?

DCMark

Don't answer the troll please.

Dave, go back to your hole.

thing1

Hi Jay,

Perhaps I was harsh in my wording and for that I apologize. I was fired up to say the least. I think I was trying to get across the importance of making it to the interview...and honestly, a 30 day training period is not a good enough reason, in my book. What good is it going to be to have the job if all of a sudden you find yourself being asked to leave the country by the USCIS? Instead of crying for mommy, your six year old will be crying for daddy who is off in another country.

My point is, the USCIS screw up a lot. Their screwing up is your problem and not theirs. I've read numerous posts about things going terribly wrong especially when the immigrant has tried to correspond with the USCIS (e.g. change of address, request to change appointments, etc.). I'm guessing that without a lawyer, you'll be hard pressed to get anyone to even pay attention to your pleas if they decide to deny your AOS like they did the OP's for not attending the interview. I just would never feel confident that the USCIS would NOT get it wrong and that my correspondence would ever make it to all of the right hands. But that's me and I am going by all of the many experiences I have read about here. You have to do what you feel is right and best for you and your family.

It seems I have seen a lot of people lately saying their AOSes were denied for various reasons.....reasons that many of the denied could have avoided if they had made educated and wise choices when dealing with immigration in the US post 9/11.

Hopefully everything will work out just fine for you, and your potential employer will let you have that one very needed day off. Personally, I think immigration appointments should be handled the same as doing jury duty....that it is manditory your employer let you have the time off without fear of losing your job.

Best wishes!

thing1

PS: and yes, I do know what it is like to hear a six year old (as well as many other age groups of children) crying for his/her mother. I'm a career nanny and have worked mostly for moms who are surgeons. Children are highly adaptable and can get used to a myriad of childcare situations. It's grown-ups who don't always adjust so well to changes.

kittya2004

AGUILA

As it was said a similar thing happened to me and I have to motion to have my case re-open. The thing is you only have 30 days and no longer to have this done so maybe for her doing both which is what I have done will help. I wrote to the congressman also but I am not going to wait around and hope they do something within 30 days. She should do both but for sure file to have her case re-open don't just tell her to rely on a congressman who may never get back to her. If she does not appeal within 30 days of the date of the denial letter then she looses. So Alect file to have it re-open as soon as you can and gather all of your evidence to prove to them you did the right thing. USCIS will never admit they are wrong but if you have supporting evidence then they should open their eyes and ears. The fee for a motion to re-open is $110.00

Alect your interview really should have taken precident over anything else. I to as well as alot of people here have had family issues which have been put on the back burner b/c of AOS.

Good Luck I hope it works out for you.

Kitty

sphyrapicus

He also wilfully requested a change of appointment date. Again, we do not have a determination that he was denied AOS because his reasons for arranging an alternative date were denied. All that we know at this point is that his AOS was denied. Until then, how can you say he is "guilty as charged" because he "willfully missed the appointment"?

Using your logic, we would also deem Kitty to be guilty as charged too because USCIS says she did not file an AR-11. http://britishexpats.com/forum/showthread.php?t=250858

kittya2004

sphyrapicus


Hmmm thank god I had the sense to copy the AR11's before I sent them off then. If I am guilty of anything it was falling in love with the wrong person and being verbally abused, lied to and above all treated like I fool. But sphyrapicus I have copies of all the documentation to take with me on Monday to motion to have this re-open.

Have A Great Day
Kitty

sphyrapicus

Yes, I know that Kitty. That is my point. Good luck with your motion.

kittya2004

Thank you very much crossing my fingers

[QUOTE= Good luck with your motion.[/QUOTE]

J Moreno

sphyrapicus <member18745@british_expats.com> wrote:

    > > sphyrapicus <member18745@british_expats.com> wrote:
    > >
    > > > While I do agree that missing USCIS appointments is not
    > > > advisable. I do not agree that we should
    > > > monday-morning-quarterback this issue and declare Alect
    > > > guilty-as-charged without hearing why he was issued the denial
    > > > letter.
    > >
    > > But he is guilty as charged -- he willfully missed the appointment.
-snip-
    > > He broke it, and now he wants to fix it -- fine, but don't cry over
    > > the fact that it got broken.
    >
    > He also wilfully requested a change of appointment date.

Which doesn't have to be granted. He didn't get an answer and decided
to gamble -- he doesn't like the result, tough.

    > Again, we do not have a determination that he was denied AOS because
    > his reasons for arranging an alternative date were denied. All that
    > we know at this point is that his AOS was denied. Until then, how can
    > you say he is "guilty as charged" because he "willfully missed the
    > appointment"?

Because he didn't show up for the interview? However you look at it,
that fact is paramount -- he had an interview, he didn't show up.

His "best case scenario" is if his request was received and approved
and not forwarded to a different department in a timely manner so that
the notice he got is arguably "in error", and he still has a chance to
fix the problem.

But even if that is the case, he wasn't in a coma, he wasn't in a
hospital, he didn't have a flat tire or run into a traffic jam, hell he
didn't oversleep after forgetting to set the alarm -- he decided that
he had better things to do on that date. He deliberately and knowingly
decided that denial was an outcome he would chance.

And most likely they either didn't get the request or they denied it,
and either way he got what he wanted -- to go to a wedding and to see
his aunt.

If he can get things fixed via some technicality, then I don't object,
but I don't think anyone should waste a second of pity on him until and
unless he breaks down and starts crying about what an idiot he is and
what a big mistake he made. In the meantime, he's an adult that rolled
the dice and lost.

    > Using your logic, we would also deem Kitty to be guilty as charged too
    > because USCIS says she did not file an AR-11.
    > http://britishexpats.com/forum/showthread.php?t=250858

No. Kitty did everything that she was required and knew to do. She
didn't know she was taking any chances (other than that of falling in
love with a jerk).

It's the difference between getting hit by a car while dancing in the
middle of the road, and getting hit by a car while sitting in your
living room watching the evening news. In both cases you get hit, but
in one case you brought it on yourself.

--
J. Moreno

alect

Before I give my update, I would like to comment on the way this thread developed.

I am not sure why or how, but for some reason some posters decided the thread should be an evaluation of me and my actions and decisions. In no way did my original post ask for judgment of what I had done, nor did I ask for "pity" as one poster suggested. I simply stated the facts as they were, stated the knowledge I had and the options I thought I had, and asked whether there were any others or any other information I had missed. I don't believe there was an invitation to make personal attacks on me, my motives or my decisions. I want to thank all those who provided useful information.

And yes I did feel bad, stupid, guilty, incompetent, irresponsible (all those things and more) - and (you can ask my wife) the last week has been hell because I saw my future (or lack thereof) "flash before my eyes". I have not had much sleep. I truly had believed I had followed the procedure as required of me. The Notice of Denial had stated I had not shown up or notified USCIS of request for rescheduling. Clearly this was not the case. But I don't want to launch into an arguement as to the wisdom of my decision etc...

Onto the update.

I had made an InfoPass appointment immediately - for Sep 17 (first available date).

I then spoke with a lawyer recommended by a friend of ours. She told me I had done the right thing in making an appointment. She said to not wait and try to go the next day and bluff my way into the building (by flashing the old appointment letters and "they may not look at the date anyway"). She told me to go up to Rm 8010 and explain the situation and see what can be done.

So I went downtown and walked into the right door (not Room 1001). This was around 1.15 pm - no line, and no one even asked for an interview letter - purely a security check and metal detector/x-ray. I went up to Rm 8010 and explain the situation to the 'receptionist' - she took the relevant docs and told me to sit down. We overheard her say to another officer that it should go to the supervisor.

We waited around 1 hr to be called up. When we were it was by the supervisor. He explained he had had to go and find my file - which he now had in front of him. He explained that since I had evidence of mailing and receipt by USCIS, there had been some error. He flipped through the file in front of me and the letter was not in there. He said that meant that the letter never made it to the file or the case worker and she had closed it when I didn't turn up. He said the normal thing to do would be to file a motion to re-open and that would be $110. But since the problem had not been my responsiblity but theirs they would waive the fee. He then said the file would be re-opened and the interview would need to be re-scheduled - he suggested we go talk to my case worker (who would be interviewing me) and see whether she wanted to re-schedule herself or send it back to the scheduling department.

We met the case worker. I have to say both the supervisor and the case worker were lovely, funny, friendly, nice people (maybe I was assuming the worst). They joked around and said they would reschedule us right there. They looked at my wife and asked when she was expecting - she told them Dec 8. Some more jokes. And then they asked what day next week would work for us? (Yes hard to believe - they were asking us when it would be convenient for us). Thursday was good all round and they gave us a choice of time too. Once scheduled, she printed out a new interview notice with 9/16 at 1pm for us and said she would take care of the Notice to Reopen paperwork herself. Goodbyes all round, and see you next week - like leaving a friend's place.

Needless to say I walked out of there aghast. This was beyond any expectations I had. I expected at best to be put back into the line waiting for an inteview, and at worst having to refile from scratch. And it was so nice (and advantageous) to have met the person who would be interviewing us. Clearly I had been very lucky (at least in terms of the people I had dealt with). At no stage was there any discussion of the reasons given in my letter requesting re-scheduling. Without necessarily stating they had "stuffed up", the supervisor made it clear to him it was obviousy the error had occurred with the USCIS and not myself, and he stated "We issued the Notice of Denial in error".

I am not sure how useful the above is to anyone else in this forum/NG (as it may very well be peculiar to the individuals I dealt with), but in the spirit of sharing information I though I would post the details - people can make of them what they will.

Tonight I have put together the documents needed for the interview, and am keeping my fingers crossed that my background check is complete (they tried to check it while I was there but the computer system was down) so that I can possibly get my passport stamped next Thursday.

Again thanks to all those who were helpful.

P.S. As an aside and "funny story" as we were waiting to be called up, the guards were talking (in no way secretly) about a guy they "had deported earlier that day" - apparently he had been a Noriega killer and torturer - and for some reason had turned up for an immigration interview (not sure whether marriage based or other). They couldn't believe he would show up for an interview!!!!

maximus76

Have a great LUCK on your AOS interview,
great that all turned out well,
God Bless you!

CalgaryAMC

How oddly uncharitable.

Glad to hear you have another shot alect; good luck.

inquisitive40

You are ONE VERY LUCKY person BUT was nice to hear a human side to USCIS.
Best of luck with the interview, I am sure you will have no problems.
Patrick