Surprise visit by the USCIS Agents... am I in trouble?

toh9679

toh9679

New Member
I am currently waiting for my i485 process. I already finished the interview and currently says that the fingerprints review has been completed as of last month. I am working as a part time cook at a restaurant.

Today, USCIS agents came for site visits (a day that I do not work) and asked questions about me. One employer decided to talk in behalf of me since he is the most fluent. Other employers are not fluent English speakers although they do know me better. However, the problem is that I do not know him that much since he works in a different position so I see him rarely at the restaurant.

Basically here are the breakdown of the questions that the agents asked and the answer the employer has answered:

1. How long have you know him (me)? - About few months
2. When is the last time you saw him? - 3 weeks ago (although I came to work last week!)
3. How often do you see him? - Rarely

Basically answered in the worst way possible.. the owner of the restaurant went to Thailand for the vacation.
Owner called me later and said that the agents came to ask questions about me.

After that I called my lawyer and he said that there shouldn't be much problems but I cannot see how it wouldn't... to me this is the huge red flag in my case and it might potentially slow my application for years....
Has anyone had similar cases to me?
 
toh9679 said:
I am currently applying for Green Card. Is that what you are asking?
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What is the basis of the GC application? That’s the question being asked? And do you currently have a work authorization while your GC petition is pending?
 
Sm1smom said:
What is the basis of the GC application? That’s the question being asked? And do you currently have a work authorization while your GC petition is pending?
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Yes I have my EID card and the basis is EB3 unskilled position as a cook
 
Ok, that context helps a lot to explain why you were worried about what they said about you at work.
However at this point I will bow out the conversation as i am not at all familiar with EB3 requirements. Hopefully someone else can answer.
 
Seems like they want to match your work experience with the documentation submitted. I wouldn't be surprised if they revisit when you actually go to work there, or they could potentially pay you a visit at home. Do your number of hours and actually wages paid match what the lawyer submitted.

EB3 unskilled is not very common these days. Something in your file must have raised some sort of suspicion.
 
I must admit to being very surprised you can get a green card by being a part time cook.
 
SusieQQQ said:
I must admit to being very surprised you can get a green card by being a part time cook.
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Not very obvious, but part of the effort lies in the lawyers crafting a case demonstrating a sort of specialized knowledge in the kitchen. I once met a lawyer who explained this to me. Obviously the 'resume' gets inflated and experience certificates tend to be, shall we say, procured. Not saying such is the case here.

The part time is surprising.
 
1AurCitizen said:
Not very obvious, but part of the effort lies in the lawyers crafting a case demonstrating a sort of specialized knowledge in the kitchen. I once met a lawyer who explained this to me. Obviously the 'resume' gets inflated and experience certificates tend to be, shall we say, procured. Not saying such is the case here.

The part time is surprising.
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Except “unskilled” EB category and “specialized knowledge” seem to be at odds with each other? Anyway I suppose they have done all the work, labor certification etc, and I am assuming the visit was to confirm the bona fides of what was in the application?
 
Could it be'unskilled' just means a different sort of skill, that requires a sort of 'specialized knowledge' that cannot be held by a USC/LPR?

Perhaps kinda akin to a model's extraordinary ability that gets him/her a green card?
 
1AurCitizen said:
Could it be'unskilled' just means a different sort of skill, that requires a sort of 'specialized knowledge' that cannot be held by a USC/LPR?

Perhaps kinda akin to a model's extraordinary ability that gets him/her a green card?
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Not according to what I subsequently read up on - the unskilled means less than 2 years’ experience. It’s a fascinating category that seems to provide huge scope, but the issue is the labor certification. I find it amazing that they can certify they can’t find an unskilled cook, but I guess that’s what the lawyer is paid for. Actually, reading again, one of the requirements is a full time job offer, which may be why OP is panicking.

Unskilled Workers (Other Workers)
You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
Labor certification and a permanent, full-time job offer required.

https://www.uscis.gov/working-unite...yment-based-immigration-third-preference-eb-3
 
SusieQQQ said:
Unskilled Workers (Other Workers)
You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
Labor certification and a permanent, full-time job offer required.

https://www.uscis.gov/working-unite...yment-based-immigration-third-preference-eb-3
Click to expand...

Appreciate you looking it up!

Bit of an odd category imo. I mean what kind of unique work can a part time cook perform that is not available to be done by someone in the US. Is this an establishment preparing Thai cuisine? Based on the original post, OP might have a reason to panic. Wonder what visa OP entered the US on.
 
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