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  • indyanguy
    10-02 08:25 PM
    i am in the 3.a. situation. what does part time mean? can you really be working part time when you are a CEO, CFO, COO, CMO of a company? not that i am raising this questions... I want to continue to be in the 3.a. situation, but can the IO ask these questions? if i make revenue of $20000 (twenty thou) and profit of $2000 a year will that be considered enough for IO to think that my intention is to switch to my company after green card and hence no intention of continuing permanent employment? or is that number higher (or lower)...

    I want to become a believer in your 3.a. statement... please let me know what you think.

    If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.

    In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.

    Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.

    PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.

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  • desidas
    02-01 01:49 PM

    Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.

    Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?

    My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc

    Please read below.

    ================================================== =
    Junior Member Join Date: May 2006
    Posts: 22

    My story...


    I feel like sharing mine as mine is the most horrifying.

    After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.

    I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
    They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
    My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
    I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
    So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.

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  • drirshad
    07-20 04:21 PM
    The following may not happen after the bill defeated ......


    Skilled Workers May See Green-Card Surge
    Problems with the green-card program have prompted informal discussions in Congress about a law to offer more visas to highly skilled applicants

    Congressional leaders have begun to discuss legislation that would sharply increase the number of high-skilled foreign workers who could become permanent U. S. residents in the next few years. While it's sure to be controversial, the measure, if it passes, could mean more than 100,000 additional green cards would become available for skilled workers, perhaps even doubling the 140,000 that are allotted each year. "There are some discussions going on informally," says Representative Zoe Lofgren (D-Calif.), who chairs the House subcommittee on immigration.

    A sharp increase in green cards would come as a relief to many, particularly in the tech industry. High-skilled foreign workers have become increasingly upset in recent years because the wait to gain the cards, which confer permanent residency, has stretched to five or more years for certain applicants. Technology companies, including IBM (IBM), Microsoft (MSFT), Google (GOOG), and eBay (EBAY), have also advocated for more skilled workers from other countries to be let into the country.

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  • casinoroyale
    08-27 09:34 AM
    1) 2-passport size photographs with your A#, name written on the back.
    2) Letter justifying the need for AP.
    3) Copy of I-485 receipt
    4) Copy of old AP.
    5) Copy of Passport information page (or) DL
    6) Copy of Confirmation notice of e-file.

    please post the list of document required for E-file AP ?



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  • gcseeker2002
    12-06 05:07 PM
    You are not the only one....my application was also sent on July 2nd and I got FP notices (both my wife and I) and AP approved (both my wife and I).
    My wife received EAD on 10/22 and so far there has been absolutely no update on my LUD and EAD application is still pending. The service center is Nebraska and I am the primary applicant. I think there a a lot of people in the same boat.
    Good (and sorry) to know someone in similar situation. My spouse's EAD was also approved on 11/15.

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  • desi3933
    02-11 03:34 PM
    Looking at the Labor cert , it says "Masters degree" and NOT "Masters or equivalent". that might be the caused the I140 denial .

    Any one had this situation before ?


    I have sent you PM.

    It seems that your I-140 is re-evaluated and denied.

    Not a legal advice.


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  • admin
    04-03 10:50 AM
    I am suprprised if IV is working towards abiltiy to file 485 and hard country limit...Just want to know how IV is working towards these 2 items...
    If any of these two wont show out in coming bill,..then I would say goodbye to IV..because all other items in bill were there without IV;s interaction....

    Can somebody calrify if these options will anyway include in this bill..by means of ammendements...

    We have been fighting very hard to introduce a number of amendments including the ability to file I-485 and also to remove the country limit. We have spoken to a number of senators in this regard.

    While we have no guarantees that they will be introduced, one thing I can guarantee, we will fight as hard as we possibly could.

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  • rameshk75
    05-13 10:59 AM
    I and many folks in this forum have seen very few approvals for this category. How come USCIS says that this category is over subscribing the visa quota. Why they are moving un used visas to EB2 (no offense) why not for EB3?

    We need IV help in this area.

    If you have not contributed for the recpature funding drive, Please do so..let's move forward together and support IV to lobby the introduced bills first...there is no point in fighting among ourselves !!

    I agree to 'kaisersose'.....


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  • Amma
    02-23 12:39 AM
    Congrats Rahman and Resul Pokutty !

    We are proud of you.

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  • gsc999
    09-22 01:06 PM
    >>>>-sending more flowers
    please.. enough of flowers..

    >>>>-a huge rally in Silicon Valley
    Now you have seen what goes and does not go into a rally. This is a complicated task so it has to be planned, as was the DC one.

    >>>-candlelight vigil at congress
    This will work if high school students do it. not "highly skilled" immigrants.

    >>>>-mass letter mailings from all of us
    Yeah.. spam them with emails..

    >>>-human chains
    This involves same complexity as the rally. so its not an easy task.

    >>>-hunger strike?
    This will be stupidity. ( I am not calling you stupid, but the idea. so no need to jump on me). Eat your food and live healty and happy. Is GC worth going on hunger strikes and suicide attempts? Thats too much of desperation. You are not from Afghanistan or Kenya right..?

    What else?
    Oh yeah.. the "drain stoppers" stuff.. thats again stupid. Thats too much literal comparison to brain drain.
    Ok, now that you have negated all ideas from other people, we anxiously wait for your ideas :)

    I am sure you are not just some reactive person who can only criticize but can also provide us with a solution.
    Lets hear em.


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  • sanju
    02-23 08:38 AM
    I just dont get it. A.R Rehman has been doing amazing work for ages now and it needed a British movie to take him to the world stage. Really, his work in Dil Se...was way better than what he did in Slumdog.

    Bollywood sucks and how!!! They need to figure out how they can take their cinema to the world audience. They've been failing miserably in promoting their movies in the west. Americans welcome change and encourage talent always and our bollywood producers/directors need to tap that.

    Let me guess, you are a pakistani terrorist. Now you are jealous that how come an Indian muslim win 2 oscars? How will you give out your hateful message to other pakistanis terrorists that indian muslims are being torchured, so you have to "save" indian muslims. Too bad, no pakistani got an oscar. I know why, because the terror capital of the world is going down the drain pretty fast.


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  • styrum
    02-08 08:25 PM
    So for a position classifed as a jobzone 4 and an svp between 7 <8, which of the following job requirements would be a better option for EB-2 filing:

    - MS+0 / No BS requirement
    - MS+0 / BS+5

    And by better I mean less chance of an audit or proof of business necessity requirements.

    I am afraid I am missing something. According to the worst case interpretation you can't require more than 2 years even for BS for zone IV.

    Can somebody remind me how BSs can still qualify for EB2? I heard this BS+5, but don't see how it can fit into zone IV and qualify for EB2

    It looks to me the only way for zone IV would be MS + 0.

    I am still puzzled why DOL accused me of having only 5 yrs of SVP on my first PERM. There I required MS+5 (stupid me - hoped to supply "business neccessity" later), which means 9. But they didn't say "you put 9" they said "you put 5" on the denial notice!

    Per 9089 instruction for Section H, item 5: "Do not duplicate the time requirements." So one would think experience is counted separately.

    Do they not follow their own rules?


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  • snathan
    04-21 02:26 PM
    wow and the mocking continues...

    Either the OP is posting for time pass or need to read the Immigration for Dummies...

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  • ita
    12-30 07:34 PM
    I have many times pondered on the strength/power of dollar value and I feel apart from factors like globalization/petro dollars most important factor is America's politics.

    No matter who is in the White House, no matter what their domestic politics are, no matter what their agreement(s)/disagreement(s) are they follow a well established strategic template on the International arena always keeping their focus on fortifying their super power status/dollar strength.

    Very fact that dollar value is not as low as it should be amidst the current crisis shows the value that dollar is enjoying(when compared to the value of the currencies of other economies that didn't actually collapse as did American economy) may not be the real value but a strategised value.

    Watch this video on globalization (if you have not already watched as it was shared on this forum twice) though it's a bit long and seems like exaggeration at few spots(speaker himself says he may be exaggerating or something like that..) it helps one understand few things.


    Also few facts from this video and some of those youtube videos on terrorism kind of throw another perspective to Iraq war and on the possible Iran strategy.

    But as per the disintegration of America I agree with you...it just shows how some of those guys are still kind of smarting from the disintegration of the U.S.S.R and pepping themselves with such stories.

    This is a bunch of baloney.

    The US has the most trusted currency int he world(sometimes I wonder why, but the fact is it remains such or else its value should rationally be a lot lower right now).


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  • roxy2011
    05-22 04:52 PM
    I am on H4 Visa. Recently i got charged with misdeamener for comming out of store with out paying bill for one of the product. Not arrested and no finger prints taken...just given a slip to attend the court. My attorney advised to attend first time offender program, where after some community service, my case would be dismissed and i need to file for an expungement for trashing all criminal records. Now my question is i have my H4 extension that needs to filed in jan 2012. If my expungement process don't complete before my husband file for h4 extension, will USCIS deport me for having criminal record ?

    If there is a possibility for deportation, then i will be leaving to my country then get deported. So that my husband will only file h1B extension and later we both will move to canada at some point as we have PR in canada.

    Any advise, will be highly appreciated.


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  • EBX-Man
    05-06 05:42 PM
    Agree on ur second point, however I was surprised with the context that "ok lets see how much we can buy the MS course and how soon can i finish it" as supposed to it will be great to do MS and lets see how I can furtherey ar my career with an added benefit of getting C in case of GC process.

    Again just my thoughts.

    How can some one further their career if they cannot take a higher qualification job because of AC21 constraints. MS or not i am sure that these people are qualified for better jobs, but they cannot advance their career because of lack of green card. To rectify that situation they are planning to do MS. So they are planning to do MS to further their career as you suggested which according to you is the right and moral way. I don't see any reason for surprise


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  • ksrk
    01-15 06:03 PM
    Note that when you call Customer Support, they recognize Receive Date what you see in your online status as "...your case was received on...", which may be quite different than RD on your receipt. [/QUOTE]

    Yes, I agree - my experience has been the same. The customer service representative insisted the receive date was whatever showed up in the online status, even though it was ~45 days after the receipt date printed on my receipt notice.

    Btw, I have a question about background/namecheck. I remember reading someplace (official) that fingerprints are valid for a period of 15 months. Now imagine this - at the end of that period, you are fingerprinted again, and while the background/namecheck is in progress the "annual lottery" period opens up in Jul/Aug/Sept. Is that file skipped again since background check is pending?
    Regardless of what laws USCIS vouches for, I believe this is what happened during last year "lottery season" in Aug/Sept. My background check was completed and entered in the system mid-Aug., while the USCIS ran out of visa numbers a week or two later.

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  • bkarnik
    11-03 04:40 PM
    I was in the same situation recently for the State of Iowa. My attorney called up the DMV and explained the situation. The DMV informed him that they would need the receipt notice from the USCIS. The license will be issued for the lesser period of the time range (if any) mentioned in the Receipt Notice that the USCIS expects to take to decide the petition. Upon receipt of the approval, the person will need to go the DMV again with the I797A form and get a final license.

    Fortunately, I did not get to jump through the hoops as I decided to spend some hard earned money and got my extension approved by premium processing. Anybody else who has done something similar please post.

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  • DSLStart
    08-23 01:10 PM
    Your case is a low hanging ripe fruit for them. Keep your fingers crossed in Sept.


    I have seen lots of posts about pre-adjudication..how do we know if any case has been pre-adjudicated or not?...recently i got an RFE on my spouse case for Marriage Certificate and Birth certificate bonafide..there is no RFE on my case and had an FP done on 08/11/2009 second time and noticed soft LUD on my case on the day of FP...dose this means they are working on my case...:confused::confused:

    08-11 10:48 AM
    Hopefully they might be waiting to approve both AP and 485 together. (I am thinking they might have taken the amount on AP already)

    Take an info pass appointment to get more details if it is close to you.

    I am in Mar first week PD and hence dont know whether my PD is current yet (Aug VB). Planning to wait for the first week of September before taking an infopass appointment.

    07-06 12:47 PM
    All you guys in DENIAL mode. Like Home seller in todays market. take chill pill and enjoy the life (what ever left after fisaco). :)

    If the USCIS cashes the checks and then returns the packets (total $1490 in my case), is there any legal recourse to get a refund from them? Since they are pretty much doing whatever they want, this thought just occurred to me.

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