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  • tinamatthew
    07-20 07:15 PM
    245k will protect you; as they can only look at your status from the date of last entry until filing 485, as long as you didn't overstay i-94 card by more then six months.

    as you can see from the original poster; uscis was trying to go after her husband in a different way by saying that he listed employment for whom he never worked for. They are trying to override 245k by going after fraud.

    It is pretty weak what the adjudicator is doing but still it is giving anxious moments to the original poster.

    You need to open an immigration advice center. Believe it or not you already have hundreds of clients that would readily leave their so called "lawyers" and move to you!! Think about it and remember to hire me when you are RICH :-)

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  • Pagal
    06-08 05:34 AM

    Great discussions...remember a similar thread that was hot in 2008.. :)

    IMHO, buying house has little to do with 'status' in the country, but much more to do with your financial capabilities, location and timing...

    1. Financial Capabilities
    a) Can I afford to make payments even if I've to leave US and settle somewhere else?
    b) Does buying house give me any tax breaks in US that I otherwise won't get?
    c) Do I have 'reserve' funds (5-6% of purchase price) to take care of maintenance etc of the house?

    2. Location
    a) Is the neighbourhood dependent on a stable source of economic activity (e.g. tech industry areas like Bay Area or traditional industry areas like Texas)
    b) Can the house be rented (if not, I would be cautious)?
    c) Is the demographics well off (if not, bad economy may have a larger impact)?

    3. Timing
    a) Has housing appreciated by more than 2-3% per annum in the neighbourhood since 2000 (if yes, I would be cautious)?
    b) Can I get 1-time tax benefits?
    c) Can I make more money through other investments (leverage adjusted)?

    The final decision is always personal and is neither right or wrong...its just a choice that the individuals make... good luck to those who are considering home ownership....


    Make as low a down payment as possible as the money supply is cheap as of now....if interest rates are higher than what you can get as investment return in the market, then making as large a down payment as possible makes sense... as of now, cost of money is at 5-6% and you can get more than that through investments...just my 2 cents!

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  • pthoko
    07-11 02:39 PM
    Hi UN, Please take a look when u get a chance

    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??


    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??


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  • unitednations
    03-25 03:13 PM
    Did you not think of the would be immigrants of Indian origin not part of this "system" when you came to this conclusion? I am one such. Think how disadvantaged my position is.

    I hate to say it but that is what collateral damage is...

    I don't discus it much but some people would even want to splinter Eb further. Some people have posted that they want andhra pradesh to be separated. There doesn't seem to be much opposition to h1b for non IT positions. We're all in this together. If one group tries to splinter then it will cause an equal or greater response from people who think they will be harmed.

    Right now: ROW doesn't say much because in eb2 the dates are current and in eb3 it is manageable. However; if they get harmed due to the lifting of the country quota then there might be further infighting or it gets stopped in its tracks before it can actually go through.


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  • SunnySurya
    08-05 01:49 PM
    I think he knows quite a bit about the immigration rules. He raised a point that it is merely a guidance. What it means that it can be contested and challenged...unlike if it were a law.

    With all due respect, I totaly disagree with original poster. probably, he needs to know more about immigration rules..

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  • buehler
    07-18 07:09 AM
    hi Guys,
    I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
    Lets discuss its relevance? What does the Core think about this.?


    I know how happy you when you came up with this idea, but do you really have to cross post it in so many different threads and forums? In what way is it relevant in this particular thread?


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  • unitednations
    07-08 10:41 AM
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.

    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.

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  • yrspassby
    08-05 06:41 PM
    Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:

    Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D

    I enjoyed both the original and follow-up. By the time, the lion gets the GC, he might have forgot he was a lion, and even after getting GC, he will continue to act like monkey.


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  • araj_98
    05-25 12:45 PM
    retrogression is there was no unified voice to atleast speak out, when the serious problems that the legal immigrants are facing was anticipated, write about these issues. Now we have one in IV.

    The only problem in what you advocate is this: while each of us is free to speak as we like, that dilutes our focus and produces a gaggle of voices. This results in lack of attention and gradual erosion of the effort. We don't have a full time paid director / administrators to brings things to order. All work here is at IV is voluntary. That's why we need to stop people from promoting Lou Dobbs. Remember, one swallow doen't make a summer.

    Also remember: these channels have (or may have) an hidden agenda. Rather than pure news and opinion disseminating channels, they are jockeying to be a opinion influencing channel. That's where they fail; when they can't convince people (how can you, in a few minutes of news coverage), they confuse poeple.

    February 23, 2006
    Watch Video of Author Tom Friedman's Lecture

    Please note: You will need Quicktime 7 to view this video.

    BTW People who support Lou and his view are as ignorant and xenophobic as he is.

    Communique - Your posts dont suggest that you are an immigrant or even pro-immigrant.

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  • alisa
    01-04 02:13 AM
    Please don't kid yourself ...all these points seem so shallow that there's no way one could read too much into it. I find this exchange meaningful though it took me 4 posts. Please keep playing your game.I think you proved the point that I initially raised.

    Like someone pointed out before you can't wake up someone that's pretending sleeping.

    Thank you.

    But I still can't figure out what your argument really is.

    Lets agree to disagree, I suppose. Let me know, if you can, what exactly and specifically it is that you didn't like about what I said.


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  • mbawa2574
    01-09 12:35 PM
    If a Muslim attacks you and if you cry, then YOU are a problem maker. You will be considered to be anti-muslim. This has been going on in many countries including India/pretty much all Western countries etc. Our admins are also following the same strategy. Buddy, please get used it.

    They are defending their territory from rocket attacks by so called Palestine freedom fighters a.k.a terrorists. Israel gave them enough notice before kicking off these raids. Islamic Fantics drive UN of today and they become victims after killing non-muslims.

    India should have done this with Pakistan after 26/11 but we failed the opportunity. India should buy into nuclear missile defense system and start planning this type of air raids to take pakis to stoneage.

    Go Israel Go !!!!!

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  • unitednations
    08-09 01:38 PM

    Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?

    Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.

    My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?

    This has been written about to many times. You need to research this on

    As I said in the law while 485 is pending you do not have to do anything; you can do something totally irrelevant to what your employment is going to be upon greencard approval.

    However; uscis starts digging into intent. I wasn't porting to self employment. I was porting to a different company upon greencard approval.

    they were going to try to assess that if I was making too much money then how would i take another job with lower salary.

    I personally don't agree with porting to self employment upon greencard approval (many have but we'll see if they should tighten it up). If you are a one person company; then how can the job be same/similar. You would have been doing the finance, marketing and the software engineer work. That in itself wouldn't make it a same/similar job.

    My labor wasn't broad. if they were looking at same/similar; it would have been impossible for me to meet it. The position I had and the job duties were probably only available in maybe less then 25 companies. (one of the job duties was administering offshore investment companies).

    Now; keep in mind; greencard meant absolutely nothing to me. I got into this because of what happened to my 140 and i took it as a challenge from uscis.


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  • gcdreamer05
    03-23 02:02 PM
    my only problem is Work contracts.

    How am I supposed to get contracts of all clients.
    My employer doesnt share saying its private and confidential..I worked for a top 5 Indian IT in the way I can get those details..duh :confused:

    hey buddy are they digging your case just because you worked for the top 5 indian IT and does it start with a "S*****" , just wondering are they digging up all those who worked for them?

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  • axp817
    03-26 05:15 PM
    We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.

    What ended up happening? Did he refile?

    Also, in that situation, if he had managed to get an offer letter from a third company, would the USCIS have then okayed it?


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  • sanjaymk
    08-05 05:34 PM
    no joke list is complete without little johnny's is one. This is the only decent one that I found which will not get me into trouble here..

    Little Johnny's teacher asks, "George Washington not only chopped down his father's Cherry tree, but also admitted doing it. Do any of you know why his father didn't punish him?"

    Little Johnny replies, "Because George was the one holding the axe?

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  • GC08
    02-02 10:14 PM
    Whether that stupid guy knows or not is not important. The most important thing is the American people. I guarantee that most Americans do not know how H1Bs contribute to the American society. If they are misinformed, the government and Congress can only further mistreat people like you and me. The real danger of those lies about H1Bs is that it will stir up a sentiment of anti legal immigrants

    Remember, the sentiment of the American society plays a vital role in American policies as all the politicians want votes!

    By the way, pro-immigration does not necessarily mean pro-legal immigration. Sometimes, the so called pro-immigration policies can only jeopardize those who are here legally, mainly those employment-based immigrant, most of whom take the F1-H1-GC route ... just like you and me. So be careful when we support any bills. We need to understand what exactly our legal immigrants get from the bill before we support it. :)


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  • SunnySurya
    08-05 01:24 PM
    Agree with you...
    Also let me share a story ....

    Once upon a time, two ferries were taking passengers to an Island called Green Land. First ferry was calle EB2 and the other ferry was Eb3. Both these ferries were jam packed with little or no room. But EB2 was in slightly better position with few spaces to spare.

    These ferries were navigating at legendary slow speed because the crew and the drivers (read USCIS) were very slow. Also the fuel (read visa numbers) was not enough so now and then it needed to get some assitance from the base (read lawmakers).

    The base has put out an option to move from one ferry to another. So the people in Eb3 ferry decided to swim to EB2. One who could not start cursing their fate and the ones in EB2 boat start screaming to prevent that happening.

    Soon the passengers forgot that the reason why the ferries are running slow and start blaming each other.

    An old man on the shore sighed and said to himself, wouldn't it be nice if these people had concentratred their effort on the right place.

    I only read a few posts, but seems like there a lot of moral blasting and blame game going on.

    I am in favor of fair practices, and on that principle everyone has right to speak their mind; irrespective of outcome of this thread why is everyone fighting with each other.

    I agree with you Rolling_Flood, this porting can create trouble for many people who did not have a way to port priority dates. This is same issuse as "Labor substitution" was. I am glad labor substitution has been put to rest.

    Rolling_flood, donot get annoyed or angry because of some comments ( everyone has a right to speak as you do). remember the saying " if you have a few enemies; that means you stood up for something some day".

    Folks, please donot kill each other ...let people speak. Our focus should be on "purpose and not get frustrated by process".

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  • abcdgc
    12-27 01:17 AM
    You are right about the lack of governance in Pakistan. And that there are more personalities and less institutions.
    But I think you are wrong about Kayani. I haven't seen any reports about any intelligence agencies pointing fingers at Kayani. So, I am curious if you could provide any links. It sounds like a conspiracy theory otherwise.

    Let me give you a proof about Kayani, not that you will agree with it, but I will give it a shot anyways.

    Pakistan PM agreed to send ISI DG to India when he spoke with Indian PM. Later Zardari also publicly agreed to send ISI DG. Next day the three i.e. Gilani, Zardari and Kaayani had a meeting. After the meeting Pakistan announced that Pakistan will not send ISI DG to India. Now, if Gilani and Zardari agreed to send ISI DG, why the conclusion of the meeting was with the decision that ISI DG will not go to India. It was the starting point of escalation. Who triggered it? Kaayani. This is a well covered report. The point is, if sending ISI DG could deescalate the situation, and if India is asking to send ISI DG, why would Pakistan not send ISI DG even after PM and President agreed sending Pasha to India? Kaayani was himself ISI chief when Musharraf was President/Army Chief. The point is Hamid Gul, Kaayni and Pasha are all same group of cheats.

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  • abracadabra102
    08-06 04:54 PM
    We are in a letter campaign mode and we can write something like this :-)


    Atlanta, Georgia
    September 13, 1970

    Billing Department
    Shell Oil Company
    P.O. Box XXXX
    Tulsa, Oklahoma 74102

    Dear Sir:

    I have been a regular customer of the Shell Oil Company for several years now, and spend approximately $40.00 per month on Shell products. Until recently, I have been completely satisfied with the quality of Shell products and with the service of Shell employees.

    Included in my most recent statement from your department was a bill for $12.00 for a tire which I purchased at the Lowell I. Reels Shell station in McAdenville, N.C. I stopped at this station for gasoline and to have a timing malfunction corrected. The gasoline cost $5.15; eight new plugs cost $9.36; labor on the points $2.50. All well and good.

    Earlier in the day I had a flat tire, which the attendant at the Lowell I. Reels station informed me that he was unable to fix. He suggested that I purchase a tire from him in order that I have a spare for the remainder of my journey to Atlanta. I told him that I preferred to buy tires from home station in Atlanta, but he continued to stress the risk of driving without a spare. My reluctance to trade with an unknown dealer, even a Shell dealer, did not discourage him and finally, as I was leaving, he said that out of concern for my safety (my spare was not new) and because I had made a substantial expenditure at his station, he would make me a special deal. He produced a tire ("Hits a good one. Still has the tits on it. See them tits. Hits a twenty dollar tar.") which I purchased for twelve dollars and which he installed on the front left side for sixty-five cents. Fifty miles further down the highway, I had a blowout.

    Not a puncture which brought a slow, flapping flat, nor a polite ladyfinger firecracker rubberburpple rupture (pop); but a howitzer blowout, which reared the the hood of my car up into my face, a blowout, sir, which tore a flap of rubber from this "tire" large enough to make soles for both sandals of a medium sized hippie. In a twinkling, then, I was driving down Interstate 85 at sixty miles per hour on three tires and one rim with rubber clinging to it in desperate shreds and patches, an instrument with a bent, revolving, steel-then-rubber-then-steel rim, whose sound can be approximated by the simultaneous placing of a handful of gravel and a young duck into a Waring Blender.

    The word "careen" does no justice whatever to the movement that the car then performed. According to the highway patrolman's report, the driver in the adjoining lane, the left hand-- who, incidentally, was attempting to pass me at the time-- ejaculated adrenelin all over the ceiling of his car. My own passengers were fused into a featureless quiver in the key of "G" in the back seat of my car. The rim was bent; the tits were gone; and you can f--k yourself with a cream cheese dildo if you entertain for one moment the delusion that I intend to pay the twelve dollars.

    Sincerely yours,

    /s/ T.B.T.

    06-01 09:45 AM
    Sau Chuhe kha ke Billi Haj ko Chali

    roughly translated...after eating 100 mice the cat goes for a pilgrimage

    07-08 04:44 PM
    Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).

    What are the grounds for I-485 denial if my I-140 is approved?

    The followings are the grounds for an I-485 denial.
    a. Some crimes committed by the applicant.
    b. The applicant is out of status or illegally worked for over 180 days.
    c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
    d. The applicant drastically changes occupation or job field.
    e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
    f. The applicant�s failure to RFE or fingerprint.

    There are a lot of protections in immigration law for us beneficiaries.

    When we quote laws; we generally are looking for specific items that may benefit us.

    However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.

    Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.

    Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.

    Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.

    All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.

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