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    05-16 09:42 AM
    what you got from is correct. Here is info from Ron's article in which he refers FAM's and INA clause. This is a copy paste from Ron's article. Do check with your lawyer before proceeding. I am getting a Non avail of birth cert from India and then adding two affidavits from parents in my wife's case.

    Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations specify how applicants may deal with unavailable documents:

    �8 CFR 103.2(b)(2)(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.�

    The following advice from the Department of State�s Foreign Affairs Manual with respect to a missing birth recordis typical:

    �In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.�

    The following, also from the FAM, is typical advice regarding an unregistered marriage:

    �If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.�

    Applicants must keep in mind that before they can offer secondary evidence, such as affidavits, they must first prove that the primary evidence does not exist or is otherwise unavailable. Once this is done, the applicant may then provide sworn affidavits from people who have personal knowledge of the facts.

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  • rgrant
    06-02 01:37 PM
    don't send copy of passport or DL. it clearly says not to, and my experience was it is unnecessary, as you will get a biometrics appointment (where they check your id).

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  • yabadaba
    06-20 09:43 AM
    they changed the specs cupl of years its all forward facing

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  • patiently_waiting
    06-18 07:17 AM
    Thanks for your reply.


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  • pappu
    01-05 11:24 AM
    any predictions for Feb 2009 :D:D

    Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs

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  • smaram1
    08-12 04:19 PM

    Posted by willcrack (74) 1 hour 51 minutes ago guys, strictly speaking the memo does not say anything about "conditional" legal speak. Just that they could revoke it if the person is considered inadmissable after the Name Check results come back. "Conditional GC" per se has the support of the actual statute only for Married to citizen, EB5 investment GC's etc.

    And now for those who feel that USCIS is not approving cases whose NC's are pending, I know 2 of my friends and I whose NC's were pending when the file was with the officer (and approved in a week) and in my case NC was pending even at 6:30pm eastern (when I called the second level IIO at the NCSC) the day before I got the CPO e-mail (next day at 9am).

    I have also seen several cases where people have called/went to Infopass after they got the GC to find out whether the NC was cleared....and it was pending !

    so this should throw away all apprehensions about the 180+ rule not being implemented out of the window...


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  • deardar
    02-08 08:20 AM
    Who are comming from USA ,did have particular consulate to attend.

    How long have you been in usa ?
    Is this your first time revalidation ?

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  • gc_dream07
    03-04 05:14 PM
    I think you can do some community service. Check with public library or school.


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  • indianabacklog
    01-28 01:58 PM
    I am sorry to hear you are still wading through the labor cert stuff. Mike Delph has little or no knowledge of how the immigration system works. My family and I found this out over six years ago when he worked for Dan Burton.

    Wishing you all the best.

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  • javadeveloper
    11-24 02:03 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

    Sorry to hear that!Are you still maintaining your H1 status to continue working?As per my company if you have time left on your H1 (6 years - #of years of used H1B) you can use that to continue working.


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  • clazale
    11-12 10:19 AM
    can you share more details about your case?
    Priority Date: Nov 2004 (EB3 - India)
    Labor certification approved - march 2007
    Applied I140 and I485 concurrently during the July 2007 fiasco (July 17th 2007 ... to be precise)
    Used Cross-chargeability and crossed to EB3 ROW, so my priority date became current
    I140 approved: Sept 08
    GC Approved: Oct 08.

    I dont know if cross-chargeability matters, but the main thing is that when my I485 was approved in Oct 08 the processing time was still showing June 2007 (roughly first week of june 2007), which is more than 1 month behind. And also the processing time was stuck on june 2007 for few months.

    Good luck to you and I hope that good days come soon.

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  • Almond
    07-17 09:17 AM
    If it is mentioned in I-140 approval, do we supposed to write in I-485 and other applications? As I understand, A# is registration # and which is assigned when I-485 is accepted? Please somebody confirm it.

    That's your alien number and it's given to you when your I140 is approved. See my post above.


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  • krishnam70
    07-05 11:45 AM
    Not a word said about this I485 fiasco on the two mostly watched networks (CNN, ABC). Why can't we try to get their attention in this matter. Please suggest ways of getting this published in the above networks.

    I sent emails to CNN, ABC. NBC, FOX and know of atleast 2 more people who have done so. They are busy covering what Paris did in jail and why bush let libby out ..

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  • insbaby
    07-23 05:26 PM
    *** USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations. ***


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  • jkm2282
    01-07 10:53 AM
    Thanks mate. So it is nothing to be worried about, right? I was thinking the same (holidays) but was kinda getting worried anyway. :)
    I haven't got any notification from the consulate about any admin processing (which i am assuming is same as 221g forms), neither the VO gave any 221g after the interview. I hope it goes on smoothly. *prays*

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  • purgan
    02-01 02:03 AM
    Use EB2 because i read somewhere EB2 IND ould open up later in FY 2008, i..e May-July like last year.


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  • ivuser9
    03-27 09:54 PM
    How did you manage to pull this one off ? you got an EAD without applying for GC ?!!

    Thats funny :-)


    I think we meant to ask which category you applied for GC and got EAD

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  • amitjoey
    11-27 04:23 PM
    ..All USCIS wil be doing is processing EEADs and AP..

    And making 60 million dollars by issuing EAD and AP's every year. Who would want to kill a CASH COW. That is not a mess for them.

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  • gimme_GC2006
    08-10 08:23 AM
    Good to know and thanks for the update and hope your parents are doing well ...

    Good to hear, Hope your parents are fine too.

    Did you get your GC now?? All the best and thanks for sharing your experience at Dulles.

    Thank you. Parent is doing fine.Slowly recovering.

    GC? no..I don't think I am going to get GC even this time also.
    We had our FP done on July28th. Raised a SR on Aug-2, got a response on Aug-4th, that case is pending background checks, wait for 6 months before another followup.

    I spoke to FBI customer service and they said they sent results on July 28th itself (I specifically asked if the results include background check also)

    So as it stands, I have become a sucker this time also.:mad:

    07-26 05:17 PM
    Lunch is $25.00 per person.

    Let me know how many??

    Make check out to Rotary Club of Lakeway/Lake Travis for
    $25.00 for each person.

    Myself + ISK Reddy are going as of now. We need more members/any one senior from IV, who can travel to Austin????

    Tomorrow is the last date. Send me name's of all willing members.

    I know renee , so can call her up and confirm

    Else, mail her

    Mail to me.

    Renee' Matta
    127 Carefree Circle
    Lakeway, Texas 78734

    05-04 04:37 PM
    That I agree.
    USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
    AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.

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