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  • meghanap2000
    11-04 02:02 PM
    Hello gurus,
    3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?


    Thanks
    Devan

    HI Devan,
    I was in same situation as yours. I also got my birth registered just 3 years back and submitted to USCIS along with 3 affidavits from elders who presented at the time of birth. Basically noterized copies on indian stamp paper and submit to USCIS along with your latest birth certificate. No need to provide Non availability certificate. This is what I did. My GC got approved. Consult your attorney ..they will give more information.





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  • bharol
    06-16 12:59 PM
    Ouch, that hurt.

    We had an attorney and she did not prepare us for what to expect. However, I should have researched it and am now in a bind.

    Thanks for the advice.


    Come on.
    Do not expect attorney to tell you to renew your passport.

    Dumb -- Dumber -- Dumbest!





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  • vinzak
    06-16 12:10 PM
    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.





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  • yagw
    06-04 12:21 PM
    The URL link do not work.

    try this:

    http://www.californiachronicle.com/articles/yb/131020287



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  • shreekhand
    09-13 11:39 PM
    gc_peshwa,

    You like to make extraneous comparisons ? Comparing yourself to Nazi treatment of jews in the 1930's and 40's. :confused: Had a bad day or lost your mental balance like Raghunathrao peshwa ?? :rolleyes:





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  • Dhundhun
    06-25 02:16 AM
    Thanks for replying.

    For question number 3 can you give more details. What is AVR.
    Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.

    so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.

    AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).

    AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.

    As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.

    Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD


    You have valid Visa.

    #1. You go to India and when you come back, you get new I94.

    #2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.

    #3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?



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  • piyu7444
    03-18 03:41 AM
    My husband received a �Transfer Notice� for his I-485 from TSC. This is what the notice says.
    "Preliminary Processing of the application has been completed, and it has been transferred to USCIS-NBC, Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
    Here is brief history.
    My PD is July-04 in EB2. I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My I-485 was filed in NSC, and then moved to TSC. Here are my ?s.
    1. What is meant by �Preliminary Processing of the application has been completed�? What is completed actually? This is just an indication that most processing is now complete.......it means they did not find any 'technical issue' with your application.
    2. I did not receive any such notice so far, is it quite normal? You will also get a notice soon. Usually both (husband-wife) gets the interview letter with a time difference of 15min-30min same date though......
    3. Came to US on L1 blanket visa and didn�t submit the approval notices for my husband, since there is no separate approval notices for the dependents coming on L blanket visa. May be is it, because of this? I dont think that is an issue here.........
    4. My husband had a DUI in March 2003, and that case was closed. It was a misdemeanor, and not a felony. Is this notice because of my husband�s DUI record? This could be the reason although 'routine interviews' are now happening but you need to take all the court documents and be prepared to explain DUI.5. Also, I raised �Expedite Service Request� twice, because of my husband�s serious heart condition, and faxed the medical letter to uscis as a proof , however this request got rejected both the times. May be, is it to verify the medical condition?. Could be but DUI seems to be more of a reason here.6. Will something related to my AOs be decided based on how we answer. It all depends on how serious USCIS takes the DUI and what kind of IO you encounter. I really can not comment on this....
    7. Can I accompany my husband for the interview? You should get an interview letter and hence you will be able to go with your husband. Also you can always take the attorney with you. This helps and you can have your lawyer talk only if it is required (when you need support to answer something or if the IO is some silly rude person - you never know)
    I am really concerned about the interview. Please let me know what you know about this.

    I have described what to prepare and details can be found at
    http://immigrationvoice.org/forum/showthread.php?t=24150&highlight=piyu7444

    Thanks.

    I hope this helps you. Just prepare everything you can for DUI and also about your job responsibility etc and be calm. Be confident at the interview and all will be good :)





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  • sapota
    09-27 12:09 PM
    I have a question for people who get fingerprinting notices to be done at San Antonio, Texas.

    Do you people know of any childcare facilities that exist around that place to drop off toddlers during the finger printing process (I am not sure if they allow kids during fingerprinting).



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  • whitecollarslave
    03-31 02:41 PM
    I have transfered or renewed H-1 multiple times. Never had a situation where an employer will not provide the salary slip. Who is your employer?





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  • chnaveen
    03-22 09:22 PM
    My deepest condolenses and sympathies to thier families. May their souls rest in peace.



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  • ameryki
    09-21 09:00 PM
    Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.

    Hi above is an update from this end. I do have one more question though. My wife was not given an I-94 when she entered using TL instead her passport was stamped with the arrival date and initials "LPr". I am getting ready to apply for a new AP for us what should I write as her "Class of Admission"? Also do you foresee any issues with the AP renewal since I cannot send them a copy of an I-94?





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  • rb_248
    09-05 03:33 PM
    Congratulations!

    Thanks. But, I am still not sure if I can start celebrating.



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  • augustus
    09-10 12:56 PM
    Dear All,

    Thank you for your advice. You were all right. We got both our FP notices and both are in the same day.

    I really want to appreciate all your responses.

    Take Care and let us be united always.





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  • abracadabra102
    08-14 04:46 PM
    Just for a change in topic, do you guys to know good Life insurance company who do not show prejudice between greencard holder and H-1B Holder.
    I just got life insurance through select quote, west coast which coast only 22$ for � million insurance rejected me stating that there is a difference rate of green card holder and Alien.

    I got through Prudential which is costing me 50$.


    Any experience with you folks

    That makes sense. A typical H1B has more things to worry about (maintaining status, keeping job, GC, dealing with rogue employers, attorneys, physicians...) and lower life expectancy :D



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  • satishku_2000
    07-27 11:49 AM
    I left it blank and specifically asked my attorney if i can leave it blank , he said its ok .





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  • hopelessGC
    08-18 04:26 PM
    Hi All,

    Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
    I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.

    Please let me know.

    Thanks.

    This topic has been discussed a lot in this forum. It helps to do a search before starting a new thread.

    I recently changed my address via online AR-11 and no RFE so far. My change of address was within the same zip code though.

    AR-11 is mandatory so please file it.



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  • forgerator
    03-22 01:17 PM
    very sad. I hope they take swift action against the culprit and put her in jail.





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  • gc28262
    12-17 08:41 AM
    My company didn't cancel my H1 as they wanted to be in India for a year and return to US. I am still working for the same company that got me the H1.

    I also have a family - Wife (H4), Son (4yrs - H4), Daughter (2yrs - US Citizen) - should i take them with me or should i first go there, get a couple of pay stubs and then ask them to join me.

    Thanks.

    Better to comeback by yourself as there is a 1% risk of being turned back from POE.





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  • GCD
    07-31 11:25 PM
    I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.

    Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.

    In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.

    Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?

    My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail her AP approval directly at our home address.





    chi_shark
    12-03 04:28 PM
    Hopefully your attitude is a little better towards actual potential customers, who are business people, who need marketing help in the specific industry that you are in.

    o lord! right back at you! thanks for your concern...





    Prashanthi
    05-08 03:39 PM
    Based on the facts that you have given, you should be able to use 245K in this case.