ps57002
09-09 02:37 PM
Please advise.
Received the following RFE: a photocopy of birth certificate issued by local registrar if person was born in a city or a photocopy of birth certificate issued by additional district's registrar's office if person was born in village: If person has completed 10th grade or above, please also submit a photocopy of their education board certificate.
Docs I have: an attested true copy (notarized) of my birth certificate in Hindi. Not very legible. Has a first name for me which is not name I go by. I think it was used to just complete birth certificate as actual name was set based on time/date of birth etc. Affadavits from parents and an uncle stating my parents name and DOB. I also have another version of these where they state that I was known by a nickname (as on my birth certificate) as a child. I also have a notarized letter from Indian consulate stating that according to my passports, I was born to x and y parents with a DOB of such and such. As for education certificates, I completed 10th in india, then transfered to USA and had to redo it here (yes i've been in usa for ages). I don't have any paperwork related to my 10th in India. i do have letters of transfer from completeing 8th grade in a different country to be used in India which states parents name and DOB.
I don't remember what was submitted during July 07 fiasco regarding this. I think unfortunately my birth certificate was submitted with letters from consulate and uncle (one where it states i was known by a different nickname). Unfortunately my lawyer doesn't seem to have checked everything well before submitting.
What should I do now? Please advise what i can submit to correct this?
*Since it seems BC was submitted, getting a letter to it's nonavailability is out of question (and very hard to get since I have a BC). so should i get whatever translation I can of the letter (very illegible) and have that letter be notarized?
*Once i get that translation, it will show BC has different name? Should i then submit affadavits from parents regarding name, DOB, place of birth, with note that as a child I was known by nickname that is on my BC? The letters I have are from 2007, can I continue to use these affadavits? I can re-add consulate's letter that according to passports, my parents are such and such etc.
*As for education certificate? Should I get transcript from H.S. showing I did my 10th here and submit the letter of transfer after my 8th grade that shows info on my parents and DOB. or does it have to be something after 10th and higher? In USA docs usually don't state parent information.
Please help as I'm very stressed about this....
Thanks.
Received the following RFE: a photocopy of birth certificate issued by local registrar if person was born in a city or a photocopy of birth certificate issued by additional district's registrar's office if person was born in village: If person has completed 10th grade or above, please also submit a photocopy of their education board certificate.
Docs I have: an attested true copy (notarized) of my birth certificate in Hindi. Not very legible. Has a first name for me which is not name I go by. I think it was used to just complete birth certificate as actual name was set based on time/date of birth etc. Affadavits from parents and an uncle stating my parents name and DOB. I also have another version of these where they state that I was known by a nickname (as on my birth certificate) as a child. I also have a notarized letter from Indian consulate stating that according to my passports, I was born to x and y parents with a DOB of such and such. As for education certificates, I completed 10th in india, then transfered to USA and had to redo it here (yes i've been in usa for ages). I don't have any paperwork related to my 10th in India. i do have letters of transfer from completeing 8th grade in a different country to be used in India which states parents name and DOB.
I don't remember what was submitted during July 07 fiasco regarding this. I think unfortunately my birth certificate was submitted with letters from consulate and uncle (one where it states i was known by a different nickname). Unfortunately my lawyer doesn't seem to have checked everything well before submitting.
What should I do now? Please advise what i can submit to correct this?
*Since it seems BC was submitted, getting a letter to it's nonavailability is out of question (and very hard to get since I have a BC). so should i get whatever translation I can of the letter (very illegible) and have that letter be notarized?
*Once i get that translation, it will show BC has different name? Should i then submit affadavits from parents regarding name, DOB, place of birth, with note that as a child I was known by nickname that is on my BC? The letters I have are from 2007, can I continue to use these affadavits? I can re-add consulate's letter that according to passports, my parents are such and such etc.
*As for education certificate? Should I get transcript from H.S. showing I did my 10th here and submit the letter of transfer after my 8th grade that shows info on my parents and DOB. or does it have to be something after 10th and higher? In USA docs usually don't state parent information.
Please help as I'm very stressed about this....
Thanks.
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roseball
06-29 03:26 PM
As per the blog from www.immigration-law.com, today is the last day USCIS will accept any Premium Processing requests for I-140s...
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
srkamath
07-16 05:39 PM
Is there offered salary criteria associated with this category?
Yes, salary offered MUST be greater than the wage requirement for that position as determined by DOL. You can also find out the min wage requirement yourself. First determine the minimum requirements of the position for edu and exp, supervisory etc, then calculate the SVP level (specific vocational preparation i think) SVP will be in the 6 to 10 range. From the DOL website, find the SVP to wage level correlation for your occupation, wage levels are I, II, III, IV. Generally, EB2 positions will end up with SVP of at least 7 to 8 depending on occupation, when most often is at least Level II and over for wage.
Clear as mud??, i hope i have explained it well ...
Yes, salary offered MUST be greater than the wage requirement for that position as determined by DOL. You can also find out the min wage requirement yourself. First determine the minimum requirements of the position for edu and exp, supervisory etc, then calculate the SVP level (specific vocational preparation i think) SVP will be in the 6 to 10 range. From the DOL website, find the SVP to wage level correlation for your occupation, wage levels are I, II, III, IV. Generally, EB2 positions will end up with SVP of at least 7 to 8 depending on occupation, when most often is at least Level II and over for wage.
Clear as mud??, i hope i have explained it well ...
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lvaka
05-19 01:19 PM
Dear Desertfox: Can you please advice me on the below 2 questions while efile (756 - EAD)
1. Q 14 - Manner of Last Entry into the U.S.:
(Visitor, Student, etc.) - Which option has to select from List of Values. ( DA: ADVANCE PAROLE (DISTRICT AUTH)?.
2. What do I mention for this : For (c)(9) eligibility status only
Please select the location where your
I-485 is pending:
Please provide information concerning your eligibility status:
Thanks,
Hi,
1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"
2. We have to provide the following in this field
485 receipt number - xxxxxxx
140 receipt number - xxxxxxx (This is optional)
I would put the first line with the 485 receipt number
1. Q 14 - Manner of Last Entry into the U.S.:
(Visitor, Student, etc.) - Which option has to select from List of Values. ( DA: ADVANCE PAROLE (DISTRICT AUTH)?.
2. What do I mention for this : For (c)(9) eligibility status only
Please select the location where your
I-485 is pending:
Please provide information concerning your eligibility status:
Thanks,
Hi,
1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"
2. We have to provide the following in this field
485 receipt number - xxxxxxx
140 receipt number - xxxxxxx (This is optional)
I would put the first line with the 485 receipt number
more...
priderock
11-29 03:36 PM
I am currently in US on H4. I had applied for my H1B while in India , through a consultant based in US and have the approval with me now.
The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.
My question is:
1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.
What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?
It is not possible to get the stamping on company "B" if you have H1 from company "A".
2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.
You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.
Any help is greatly appreciated, I need to decide fast. Thanks a lot.
The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.
My question is:
1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.
What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?
It is not possible to get the stamping on company "B" if you have H1 from company "A".
2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.
You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.
Any help is greatly appreciated, I need to decide fast. Thanks a lot.
chanduv23
10-09 11:57 AM
I initially volunteered to steer the Arizona chapter but my job schedule has changed so much and now involves a lot of in-country and overseas traveling. Would someone please lead this chapter? I will attend any of the chapter activities whenever I am in the country.
U are a very dedicated IV member. Do stay active as much as possible.
Someone, please help fromnaija build this chapter.
U are a very dedicated IV member. Do stay active as much as possible.
Someone, please help fromnaija build this chapter.
more...
arouncoumar
11-08 12:46 PM
Yup, returning H1Bs qualify for emergency appt. I'd done it years ago.
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forgerator
11-08 04:38 PM
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:
Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.
I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:
Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.
I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o
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chnaveen
07-07 05:11 PM
friends,
We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?
Thanks for your help.
balan
I485 Filed on July 2, 2007.
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?
Thanks for your help.
balan
I485 Filed on July 2, 2007.
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
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sbabunle
05-27 05:12 PM
Thats not right.. I check in here at least once a day. :)
Problem with the poll is that only people with not current PD come here, people with current PD do not come here any longer...
Problem with the poll is that only people with not current PD come here, people with current PD do not come here any longer...
more...
meyshimmi
02-06 07:48 PM
Is it me or has there been no posts of recent I-485 denials after using AC21???? If there are, sorry, maybe I haven't seen any lately... If there are none, maybe USCIS has realized their mistake???
I wonder what happened to the conference call with the Ombudsman...
I wonder what happened to the conference call with the Ombudsman...
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vishwak
11-12 07:46 AM
Consult your Attroney. If HR files for H1B (In some of Companies), please do Hire nice Attorney.
My advise: If you are sending Originals, Take 2 copies and get Notarized and save them safely. If you need them in urgency you can always use Notarized ones.
Please keep updating the Thread with developments which might help others.
My advise: If you are sending Originals, Take 2 copies and get Notarized and save them safely. If you need them in urgency you can always use Notarized ones.
Please keep updating the Thread with developments which might help others.
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eilsoe
10-03 01:37 PM
OR... more... :evil:
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VMH_GC
12-20 12:11 PM
I got my h1b visa stamping done recently. My labor and I-140 EB2 approved, did not take any labor approval and I-140 papers.
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lynchbaby
03-09 01:08 PM
In similar context I have a few questions...
The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.
The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.
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rajenk
08-09 01:02 AM
That's why I did a premium processing in June. I applied on June 15th in Premium and got it approved by 25th June, I got 3 years. That is correct, they approve H1B for 3 years based on the current Visa bulletin if you are extending Visa beyond 6 years.
But you can apply for 3 years when you are left with 6 months of currently approved Visa. Hope this clarifies your doubt.
-Raj
But you can apply for 3 years when you are left with 6 months of currently approved Visa. Hope this clarifies your doubt.
-Raj
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dealsnet
08-04 02:04 PM
We cannot keep 2 Social Security cards at the same time.
They took my card and put into a drawer containing old returned card.
I have seen an american women infront of me apply for a new card after her name change(after marrige). They took her old card and put into the drawer.
You can apply for a new card without the old card if you inform the card is lost.
You can replace your Social Security card if it is lost or stolen. You are limited to three replacement cards in a year and 10 during your lifetime.
Name change, taking out the restrictions will not count towards the replacement limit.
Please refer to this detailed experience on SS update after GC:
http://immigrationvoice.org/forum/showthread.php?t=20610
Also there is no need to surrender your old SS card or even show it. (maybe good to just keep it with you if asked.)
They took my card and put into a drawer containing old returned card.
I have seen an american women infront of me apply for a new card after her name change(after marrige). They took her old card and put into the drawer.
You can apply for a new card without the old card if you inform the card is lost.
You can replace your Social Security card if it is lost or stolen. You are limited to three replacement cards in a year and 10 during your lifetime.
Name change, taking out the restrictions will not count towards the replacement limit.
Please refer to this detailed experience on SS update after GC:
http://immigrationvoice.org/forum/showthread.php?t=20610
Also there is no need to surrender your old SS card or even show it. (maybe good to just keep it with you if asked.)
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GCwaitforever
09-12 08:15 PM
Unpaid vacation is acceptable. Consultants working on hourly basis do not get paid when they do not work. As long as you come on top of prevailing wage rate and the annual salary quoted on the LCA at the end of the year, it does not matter. USCIS understands that you need a vacation too and can not work like a machine throughout the year.
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tejonidhi
11-27 01:20 PM
My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
Thank you
Thank you
solaris27
08-04 10:36 AM
Yes...i am july 2nd filer...still waiting.
PD Feb 2005
PD Feb 2005
Riakapoor
09-16 05:17 PM
If you are genuine: Don�t do it. It will affect your GC.
If you are losers guild member using Indian name to post: Leave this forum immediately. I am tired of fake posts. I personally believe Riakapoor and ar7165 are fake.
Thanks for the advice. Excuse me how could you say that riakapoor is a fake? I am not active in IV but that doesn't mean I am fake.
If you are losers guild member using Indian name to post: Leave this forum immediately. I am tired of fake posts. I personally believe Riakapoor and ar7165 are fake.
Thanks for the advice. Excuse me how could you say that riakapoor is a fake? I am not active in IV but that doesn't mean I am fake.
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