Birth Certificate Related

velu,

Stakes are high at this point in game. So, please spend 50 bucks and consult able attorney. Your company's attorney MUST do it for you.

If I have to pick, I'd go with the name on Your passport and marriage certificate. Don't you have any higher educational certificate that you submitted to CIS before, that has both the first & last name?( out of curiosity, you can choose to not answer this question)

Best!

Quote:

---

Originally Posted by velugc

sorry for a off topic question...

I am trying to get a Non Availability of Birth Certificate (NABC) & Birth Certificate (Late Registration) for I485,

As per my Passport my name is Sundar (Given Name) Vadivelu (SurName)...

in SSN \ marriage certificate name is "Sundar Vadivelu" and 10th \ 12 & other educational certificate Name is "Sundar", so i am not sure how my name should be in NABC & Birth Certificate... just "Sundar" or "Sundar Vadivelu"... please advice

---

Thanks Leo.

All my education certificates has my given name "Sundar", which i had submitted to CIS... in non of the edu certificate i have my given name and surname.

Quote:

---

Originally Posted by leo07

velu,

Stakes are high at this point in game. So, please spend 50 bucks and consult able attorney. Your company's attorney MUST do it for you.

If I have to pick, I'd go with the name on Your passport and marriage certificate. Don't you have any higher educational certificate that you submitted to CIS before, that has both the first & last name?( out of curiosity, you can choose to not answer this question)

Best!

---

Quote:

---

Originally Posted by veni001

gc_vbin,
Good post, no wonder why i140 and EB1/EB2ROW pending inventory doubled in the last year.

Few bullets to note from the above news letter...

"First, they now seem to be issuing RFEs on the "ability to pay" issue for every employer that has filed multiple I-140s in the past".
......
......
"Second, they are questioning the qualifications of any beneficiary who has a three year undergraduate degree. It doesn't matter that the employee may have a U.S. master's degree or even PhD, if he or she has a three year undergraduate degree, the USCIS is going to challenge the validity of all higher degrees for the same person".
.......
.......
"Third, the service centers have finally decided to try to apply the illegitimate "employer-employee" memo standards to I-140 petitions for consulting companies".
.......
.......

---

The second point stated is very true. I have close friend whose educational credentials are as follows...

he did his 12th grade...then did his diploma ..worked for 1 yr and then got accepted in the undergrduate program (BE) in India...came to the US and did his MS. The requirement to get admission in BE for diploma students was diploma + 1 yr work experience (practical training)....

He got an RFE (I-140 stage) where he is asked to show his diploma certificate and 1 yr work experience even though he had submitted his BE and MS degree certificates. Job requirements were BS+5 or MS+2 or 3 yrs

Quote:

---

Originally Posted by natvyas

The second point stated is very true. I have close friend whose educational credentials are as follows...

he did his 12th grade...then did his diploma ..worked for 1 yr and then got accepted in the undergrduate program (BE) in India...came to the US and did his MS. The requirement to get admission in BE for diploma students was diploma + 1 yr work experience (practical training)....

He got an RFE (I-140 stage) where he is asked to show his diploma certificate and 1 yr work experience even though he had submitted his BE and MS degree certificates. Job requirements were BS+5 or MS+2 or 3 yrs

---

Now a days USCIS is run by goonda raj. They come up with their own crazy rfes which does not have any legal basis. How is the underlying degree relevant when a US university has conferred MS on this candidate ?

This would also mean somebody who has done 3 year degree won't be eligible for a post graduate degree in his life ( as per USCIS )

Quote:

---

Originally Posted by gcseeker

Teddy

I absolutely agree and you have given a very good advice.The process is tightening at various points and if anybody has an PD in late 2007 or early 2008 they probably would be better off waiting untill they get the I-485 +180 days to invoke portability to move rather than jump ship right now and go through the Labour and I-140 process.Rules have changed so much from Labours filed in 2006/2007 to 2011 and they are changing even more with all the memo's.

If scrutiny starts for post 485...people will have to be very careful to make sure the codes match along with job descriptions and titles .

---

Thanks for your kind words, caution is definitely the buzzword with a little bit of luck.

Quote:

---

Originally Posted by ssvp22

485 is Adjustment of Status, which really means you have gone through all the checks and now converting over to a legal immigrant. If you have valid proof of work for your stay in US, tax returns, marriage certificate, birth certificate, and Medical exam, there is not much INS can do about it. If they can find a loophole in the law, the way they are doing with employer-employee relationship for contracting jobs, or proof of LCA posting on client side, it will be hard to block 485 approvals by law.

---

Quote:

---

Originally Posted by qesehmk

That's mostly right. But don't forget FBI background check and medical tests. That is part of 485 process.

---

Thanks guys for clarifying, the sooner things get done the better otherwise we never know till where the scrutiny can go.

Quote:

---

Originally Posted by nishant2200

Trying to put in some positive thinking on. I know I can fall flat on my face tomorrow, but putting out two thoughts.

USCIS knows the upcoming bulletin dates or knows that they are going to be advanced significantly, and that their actions in the first few days which in turn may impact the DOS demand data will have no bearing on the bulletin, and hence there is no pressure to crank the visas to reduce demand. Just like last time, no demand data will be even published.

Second, the 485s from this last few months of the fiasco period, would technically be the last ones to be pre-adjudicated, and seems that they may not all been "perfectly" pre-adjudicated, or levels of adjudication became stricter by the time they got to it, and they are sitting on them, and now, issuing RFEs for medicals, birth certificates, or EVLs, FP notices, etc. Also I think there was a lot of 485s in the last bulletin itself to do, and they maybe even a bit backlogged. Pre-adjudication may not always mean just putting a visa number, I am sure, it goes through a second "quick" review and checklist again. And now since USCIS-DOS communication for both of these above, that's why we see the NVC notices, as a last ditch effort to maximize visa usage for EB2I/C before they can give up and go to EB3.

Now if they are doing NVC for the reason above, then they need to advance this upcoming bulletin itself, so that NVC can grab those visa numbers in advance, schedule the interviews in September first week, and do it's quota, and return whatever was not used. Then in remaining part of September, they can spillover unused to EB3 if we get there.

Something is surely cooking, we can only try to guess. Sometimes, biased due to our own PDs, but trying to put some positive thoughts so that can live one more day until tomorrow.

---

nishant,

I agree with much that you say and a positive post to start the day. :)

At the very least the IBIS check is likely to be out of date. However, USCIS know in advance the dates that will become Current and could perform it in advance, which presumably they did for May / June approvals.

In theory, if it was pre-adjudicated properly, only FP and EVL should apply, since they should have raised RFE for medical, birth certificate etc at the time of pre-adjudication. I do take your point that they may not have been perfectly pre-adjudicated.

My understanding of the CP process is that the visa is allocated to the case by DOS when the interview date is set. If the interview is successful, it is used, otherwise it is returned to DOS by the Consulate. The rate of EB3 returns is typically around 300-400 per month from all sources (data from EB3-C class action lawsuit). Obviously for EB2, which has much lower CP levels the numbers would be correspondingly lower (probably dozens at most).

Therefore, the interview itself does not have to be completed in September, although this could lead to wasted visas, since it is not clear whether, if returned, they can be re-issued once the FY has ended (probably not).

Because of this, I don't perceive the urgency to advance the dates so substantially in the August VB.

I am not entirely convinced they have vast numbers of visas left to allocate. Teddy's figure of around 6-8k seems about right.

CO did say the Demand Data reports would be issued again, although I have my doubts as well.

Quote:

---

Originally Posted by qblogfan

I am on the same boat. I want to tell you guys my miserable story. My PD is in January 2008. I had very bad luck. I started working in 2004 and stayed on the same job for 7 years already. I got another job offer in December 2005, but my current employer gave me a counter offer and promised me green card. At the same time they asked me to sign a contract that I can't leave this company until one year after the green card is approved. In April 2006, I asked my company about the progress and they told me they started posting ads on newspaper, etc. I asked again in December 2006 and they told me it's in progress. I waited to March 2007 and I didn't hear anything. I asked them again and the company told me they didn't do anything yet.............Finally I figured out that they cheated me and tried to delay my GC process as long as they could. I was so naive.........Finally I got PERM filed in January 2008. I waited for 2 years from starting this process to get a PD. The company did everything evil to control me using green card as a tool. This delay caused significant impact on my life....... I was so naive to trust the company and the truth is that they only want to use GC as a tool to control employees.

---

qblogfan, hang in there. I am seeing a lot of folks getting emotional and sentimental. It makes my voice choke too. Next month I will complete 10 years in the US. I have a bag and a folder full of various documents like birth certificate, school marksheets, all tax returns, pay stubs from day 1, AR-11 printouts, and what have you, everything in the world, my and my wife's entire life story from birth. One day I will be free from that "baggage" and just have a passport :) , we all shall!

Nishant,

Thanks for your kind words! I really like sharing this story with my Indian friends here because we all experienced similar things. I never shared this story in MITBBS. :) I feel more comfortable sharing this here.

I hope all of us can get out this crazy waiting asap. best wishes to all our friends here.

Quote:

---

Originally Posted by nishant2200

qblogfan, hang in there. I am seeing a lot of folks getting emotional and sentimental. It makes my voice choke too. Next month I will complete 10 years in the US. I have a bag and a folder full of various documents like birth certificate, school marksheets, all tax returns, pay stubs from day 1, AR-11 printouts, and what have you, everything in the world, my and my wife's entire life story from birth. One day I will be free from that "baggage" and just have a passport :) , we all shall!

---

Quote:

---

Originally Posted by nishant2200

qblogfan, hang in there. I am seeing a lot of folks getting emotional and sentimental. It makes my voice choke too. Next month I will complete 10 years in the US. I have a bag and a folder full of various documents like birth certificate, school marksheets, all tax returns, pay stubs from day 1, AR-11 printouts, and what have you, everything in the world, my and my wife's entire life story from birth. One day I will be free from that "baggage" and just have a passport :) , we all shall!

---

wow, Next month I will also complete my 10 years in US.

Folks, this time I have a question myself. My mother's name in my birth certificate has 'ben' appended to name. 'ben' is gujarati way of putting down miss or mrs. Should I try to get ben removed, and if they refuse, some sort of affidavit about the name? Anyone in this situation? Note my school leaving certificate does not have parents name, so cant put that as complete secondary evidence.

Quote:

---

Originally Posted by nishant2200

Folks, this time I have a question myself. My mother's name in my birth certificate has 'ben' appended to name. 'ben' is gujarati way of putting down miss or mrs. Should I try to get ben removed, and if they refuse, some sort of affidavit about the name? Anyone in this situation? Note my school leaving certificate does not have parents name, so cant put that as complete secondary evidence.

---

In case of my Wife's - Her Mom and Dad surnames( last names) are not printed on Birth Certificates. Went to Local Muncipality but they refused to correct it. Will try again in Local Muncipality office again. So if school certificate has correct name, is it valid as evidence?

Quote:

---

Originally Posted by grnwtg

In case of my Wife's - Her Mom and Dad surnames( last names) are not printed on Birth Certificates. Went to Local Muncipality but they refused to correct it. Will try again in Local Muncipality office again. So if school certificate has correct name, is it valid as evidence?

---

Yes, as per lawyer it is valid secondary evidence. Actually he told me I will be ok, but I want to be careful. I also found a 'one and same person' affidavit on a immigration website, maybe I will just keep that ready.

It differs from municipality to municipality, but they can not refuse to make the change. They have to have a system in place to allow you to do so,a lthough they will likely give you the run around for near impossible to get items. My wife and I both had the same issue and it required different processes to correct. My wife's mother's name was incorrectly spelled on her birth certificate and my dad's name was incorrectly spelled on mine.

In my wife's case (she was born in Bangalore), we needed to visit the hospital where she was born and get an affidavit from them that they corrected the name in their records. This affidavit required a letter request on stamp paper, valid ID for the mother (i think we used her passport) and valid proof of relationship to my wife (her passport which has the correct mother's name on it). It was tedious but the procedure was clearly specified and we got it done inside two weeks.

In my case (born in Bombay), they wanted 3 pieces of documentary evidence with my father's correct name from before when I was born. Of course, it was a ridiculous request and I couldn't imagine where I was going to get 3 such documents from 35 years ago, especially since we've all moved out of Bombay. But since my dad worked for the Tatas, who are arguably the most professional and helpful organization in the world I could get this done. Seriously man, my dad stopped working for them in 1979, and they still managed to get me documents from his employment records including a pay stub inside 3 days!

Quote:

---

Originally Posted by grnwtg

Thats good, but in my case is 'affidavit' fine? . I am not sure how to justify in affidavit. I am still not sure why last names were omitted/why they cannot correct for my FIL, MIL.
Nishant/OthersPlease suggest me if anyone has this experience

---

grnwtg, I don't know about reasons, but it's next to impossible to get any change made in birth records, most especially missing blanks. Only way even in India, for any official purpose, like say Passport, you face this problem, you need supplemental evidence, in the form of affidavits and other records. Per lawyer, a school leaving certificate or a letter from school which gives school records (complete name, date of birth, place of birth, date of admission, and names of parents), is perfectly acceptable as secondary evidence to supplement birth certificate problems like yours. Some place even the child's name is not present in birth certificate, just a local dialect equivalent of "baby boy" or "baby girl" is written.

The website I found was immihelp.com : http://www.immihelp.com/birth-certificate/

fellow members, I am sorry to go off topic here. I do think though this is the most visited thread, and visibility is high. Also the problems faced are common problems most of the time, and benefit lot of people waiting to file AOS. Still, please feel free to private message me, if you want me to quiet down on this here, and take it to new thread. Or Q, please shift to new thread, eg: Birth Certificate Issues. Thank you very much.

Quote:

---

Originally Posted by grnwtg

Thats good, but in my case is 'affidavit' fine? . I am not sure how to justify in affidavit. I am still not sure why last names were omitted/why they cannot correct for my FIL, MIL.
Nishant/OthersPlease suggest me if anyone has this experience

---

Affidavit works great. My wife submitted the same. Dont expect any hiccups. I am not aware of any "Required" format. We just made up our own.

Quote:

---

Originally Posted by Pedro Gonzales

...my dad worked for the Tatas, who are arguably the most professional and helpful organization in the world I could get this done.

---

Amen to that. TATAs were / are / and will be the best Corporate house in India. I have nothing but outstanding experience with them.

Quote:

---

Originally Posted by nishant2200

fellow members, I am sorry to go off topic here. I do think though this is the most visited thread, and visibility is high. Also the problems faced are common problems most of the time, and benefit lot of people waiting to file AOS. Still, please feel free to private message me, if you want me to quiet down on this here, and take it to new thread. Or Q, please shift to new thread, eg: Birth Certificate Issues. Thank you very much.

---

Nishant no worries ... I personally like this one thread model better because it works better for people. I and others will work in the background to move appropriate topicss to appropriate threads.

Quote:

---

Originally Posted by gcq

If the old employer withdraws I-140, USCIS will have no way of knowing whether you have a qualifying same/similar job so that they can continue processing I-485.

---

Revocation is legal only if employers revokes within 6 months. After 6 months AC21 applies and I-140 becomes irrevocable. That's my understanding. Others please correct me if I am wrong.

Quote:

---

Originally Posted by grnwtg

Thanks Q for confirming.

---

Also guys, I got this reply from attorney at Ron Gotcher's office, I had put question in detail on their Adjustment of Status thread on their forum. First I am putting the question, and then the answer by attorney.

"Hi, I have the following issue. Let's say my mom is Jane, and father is John. The name of my mother on my birth certificate is 'Janeben' and father is 'Johnkumar'. The 'ben' and 'kumar' are equivalents of Miss and Mister in Gujarat, state of India.

Most official documents of my father have the name 'Johnkumar', but his name in my passport, as well as my USA records (all immigration forms so far, my masters university records and degrees) is 'John'.

Most official documents of my mother have the name 'Jane', as well as in any of my records. Only birth certificate has 'Janeben'.

I found a website which gives a sample 'One and Same person' affidavit, Can I get this done by my parents, one for them each, swearing on official stamp paper and notarized in India, that it's one and same person identified by these various names, and that the names are nothing but cultural ways of addressing the same person."

Answer:

"Affidavits attesting to the names of your parents are a great use of supplemental evidence. We typically only see the name issue arise if the adjudicator is actually paying close attention to the documents submitted. However, having supplemental evidence in the event the question arises is a good idea."

Quote:

---

Originally Posted by nishant2200

Also guys, I got this reply from attorney at Ron Gotcher's office, I had put question in detail on their Adjustment of Status thread on their forum. First I am putting the question, and then the answer by attorney.

"Hi, I have the following issue. Let's say my mom is Jane, and father is John. The name of my mother on my birth certificate is 'Janeben' and father is 'Johnkumar'. The 'ben' and 'kumar' are equivalents of Miss and Mister in Gujarat, state of India.

Most official documents of my father have the name 'Johnkumar', but his name in my passport, as well as my USA records (all immigration forms so far, my masters university records and degrees) is 'John'.

Most official documents of my mother have the name 'Jane', as well as in any of my records. Only birth certificate has 'Janeben'.

I found a website which gives a sample 'One and Same person' affidavit, Can I get this done by my parents, one for them each, swearing on official stamp paper and notarized in India, that it's one and same person identified by these various names, and that the names are nothing but cultural ways of addressing the same person."

Answer:

"Affidavits attesting to the names of your parents are a great use of supplemental evidence. We typically only see the name issue arise if the adjudicator is actually paying close attention to the documents submitted. However, having supplemental evidence in the event the question arises is a good idea."

---

Nishant... same kind of different problem... lets say my name is soggadu (first name) kapoor ( last name )... in my DOB certificate it is stated as SoggaduK... all my other certificates has Soggadu Kapoor... so

1. Can i submit my date of birth certificate as primary and provide three affidavits (one from parents and 2 from relatives)?
2. Or would it be ok to just submit the three affidavits ?

Quote:

---

Originally Posted by soggadu

Nishant... same kind of different problem... lets say my name is soggadu (first name) kapoor ( last name )... in my DOB certificate it is stated as SoggaduK... all my other certificates has Soggadu Kapoor... so

1. Can i submit my date of birth certificate as primary and provide three affidavits (one from parents and 2 from relatives)?
2. Or would it be ok to just submit the three affidavits ?

---

In my opinion, from what I learnt so far, from legal sources:
- Submit Birth Certificate as Primary
- Submit two affidavits, both can be parents, one by mother, one by father, which claim personal knowledge about your birth, and clarify the different way in which your name has been put. In my opinion, it would be a hybrid affidavit of knowledge of birth plus the names referring to one and same person. The main purpose of this secondary evidence would be to clarify the name in your birth certificate, not to prove your birth.

( http://www.immihelp.com/birth-certif...ct-information )

Also the website said above by me, lists down various secondary evidence you can submit, alongwith different problems faced. one of them is incorrect or missing name, which is your case. You can do that, for eg, school leaving certificate instead of affidavits.

I think I need to add a disclaimer to my signature though, I am not a lawyer, this is not legal advice, same as a guru here on this forum :)

Quote:

---

Originally Posted by nishant2200

In my opinion, from what I learnt so far, from legal sources:
- Submit Birth Certificate as Primary
- Submit two affidavits, both can be parents, one by mother, one by father, which claim personal knowledge about your birth, and clarify the different way in which your name has been put. In my opinion, it would be a hybrid affidavit of knowledge of birth plus the names referring to one and same person. The main purpose of this secondary evidence would be to clarify the name in your birth certificate, not to prove your birth.

( http://www.immihelp.com/birth-certif...ct-information )

Also the website said above by me, lists down various secondary evidence you can submit, alongwith different problems faced. one of them is incorrect or missing name, which is your case. You can do that, for eg, school leaving certificate instead of affidavits.

I think I need to add a disclaimer to my signature though, I am not a lawyer, this is not legal advice, same as a guru here on this forum :)

---

Thanks dude, it clears an age old question in my mind... i am not going sue you or use this info against you... :-), dont worry about signature...

Quote:

---

Originally Posted by nishant2200

sogaddu, u are a GC-Pandit now with ur 200th post. congratulations.

on 'read how it suites you', I would like to say that, sure, read how it suits, but share what your mind says without bias. your heart may read what it suits, but ur mind should share only what sounds reasonable as per facts, analysis and measured interpretation.

---

wow GC pandit... duhhh... i am feeling just like the time i recieved my engg certificate... got thru but know nothing... on the mind stuff...yes i do agree, though it appeared like a tongue twister with so many minds... :-)

Quote:

---

Originally Posted by Spectator

familyguy,

I checked the number you gave me and it gives a Received Date of January 10, 2008 which is correct from your previous post.

Given the first 2 digits are 08 then it can't report a date in 2006.

Possibly the problem is with the explanation in the description. Using =DATE(2000+INT(MID(A2,3,5)/1000),1,MOD(MID(A2,3,5),1000)) then the case number needs to be in cell A2. If the Case Number was in cell B2684, then the formula would need changing accordingly.

I will change the post to say A1 and make it clear which part refers to the location of the Case Number.

Could you try again and report back please?

---

Spec, I used the above formula in the excel sheet to calculate my priority date. My Case number is A-08113 and I had my case number in Cell A1. I got a date of Apr 2008, while the approvaed labor certificate sent to me by by employer states Sep 2008. Please advise where am I making a mistake.

I recently got a BC from Indian Consulate.

It mentions that I was born on so and so date to My parents (names) in this City as per the details present in the Passport.
It is just a copy and paste of details from passport.
Do you guys think, this is ok?

unfortunately this will not be sufficient. One of my friends who got a GC last month got a RFE on birth certificate issued by Indian Consulate in Houston. Try to get an affidavit from one of your parents. You'll find several templates for this affidavit on google.

Thanks to Q and others who responded to my earlier query. I was away for few days and didn't check this blog while I was away and now I am looking at 40 pages of comments. It is amazing the amount of response we have on this site. Keep it up.




QUOTE=nayekal;6419]I recently got a BC from Indian Consulate.

It mentions that I was born on so and so date to My parents (names) in this City as per the details present in the Passport.
It is just a copy and paste of details from passport.
Do you guys think, this is ok?[/QUOTE]

Friends its a bit surprising why they should be issuing an RFE for Indian birth certificate. India is the most retrogressed country in both EB2 and Eb3 so by claiming country of birth as India all one is claiming is a chargeability of India if it were some other country (Even if were a retrogressed one) then obviously there would have been some benefit. However its just a technicality to have the documentation complete. Affidavits do work there are many successful examples.

Quote:

---

Originally Posted by TeddyKoochu

Friends its a bit surprising why they should be issuing an RFE for Indian birth certificate. India is the most retrogressed country in both EB2 and Eb3 so by claiming country of birth as India all one is claiming is a chargeability of India if it were some other country (Even if were a retrogressed one) then obviously there would have been some benefit. However its just a technicality to have the documentation complete. Affidavits do work there are many successful examples.

---

It is just a question of what USCIS regards as a proper birth certificate. As per Indian law everyone who is born after 1969, their birth should have been registered with local Nagarpaalika or Nagar Nigam. That is why USCIS expects for people born in India after 1969 to have a proper birth certificate. In the absence of this certificate an affidavit from one of the parents is sufficient. This is what my lawyer has told me.