My birth certificate is registered in 2009, I need the affidavit format for parents and relatives. Please tell me possible reasons to register too late.
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My birth certificate is registered in 2009, I need the affidavit format for parents and relatives. Please tell me possible reasons to register too late.
hi spec... just wondering if you would be updating the EB2 numbers soon like past where we can check how many were issued on monthly basis?
Quick question, if we travel using AP, the i-94 issued at POE does not correspond to H1B - I guess. In that case, if for some reason the I-485 is denied, (assuming the H1B is still valid), do we have to go out of the country and get the VISA stamped and a new i-94 for that H1B at POE?
The situation could be different in the case where H1B is extended while in US.
I was under the impression that once I-485 was submitted, if AP is not used for traveling, the application is deemed abandoned. Is that true?
In the most recent news letter from Ron Gotcher, the following is stated. Is it really 1 in 4 get rejected? That sounds like too many. In my circle of friends, I never heard anyone who faced any sort of issue with 485... Does everyone share the same opinion?
"Statistically, the approval rate for adjustment of status last year was approximately 75%. One application in four was denied. For consular processing, the approval rate was above 99%."
I will answer within my knowledge...
1. Once you use AP, the H1B is gone canceled
2. If AOS is denied, you should leave if on AP/EAD or even on 140 extended H1B ( there is a bill which might change this soon and allow to complete the current H1B term even it is extended on 140)
3. Even when during 485, it is not necessary to travel on AP if you have H1b stamp
let me try to break this apart:
"if we travel using AP, the i-94 issued at POE does not correspond to H1B - I guess." -- irrespective of what method you use to travel out/into the country a new I-94 is given at POE( white card) that has a expiry date printed on it depending on which document you submit.( H1B's expiry or AP's expiry). I don't see a point of confusion here?
"In that case, if for some reason the I-485 is denied, (assuming the H1B is still valid), do we have to go out of the country and get the VISA stamped and a new i-94 for that H1B at POE?" -- YES. if your 485 is denied, I assume you wouldn't use your AP to travel anyways, right?
"I was under the impression that once I-485 was submitted, if AP is not used for traveling, the application is deemed abandoned. Is that true?" -- No. you can use h1b or AP it's totally your choice. Applying AP is totally optional.
so if you have a valid ead/ap do you still need a valid h-1b visa stamped on your passport for re-entry to US? sorry it is too confusing for me
LOL....LOL
Now serious stuff, late registration of BC could be for various reasons. You should know the reason for late registration of your BC much better.
If your BC registration is not within the year of your birth you have to provide two affidavits along with the BC that was registered later. If there is no BC then you should provde a NABC.
This should help:
http://www.qesehmk.org/forums/showth...ficate-Related
or go to immihelp.com
Answer to your question is NO. Both are mutually exclusive.
EAD/AP OR H1B, its is up to you to decide which one you want to use. You can continue on H1 ( even though you apply for EAD/AP and get them, i don't see any reason why wouldn't want to apply, it is the same cost).
EAD is used to authorise you to work. If your current H1 expires and you decide to contiunue with the same employer you can either file for an extension of H1 or start using the EAD. if you decide you want to move to another employer (after 180 days of applying for 485) you can use AC21 (& EAD) to join him.
AP is a travle document, for those who wanted to avoid H1 stamping in home country can travle using AP and reenter using AP. If you have valid H1 visa you can use that too if you wanted. If you use AP you would be called a Parolee. If you use a valid H1 visa you would be called H1 visa holder. It is upto you what you wanna use.
I have a question regarding the prior year tax returns requested by my attorney. Do we have to usually provide just the 1040 form which the 2 pages or have to provide the entire 20+ pages given by turbotax which includes all the worksheets and supplemental forms?
Some attorneys request and some don't. mine didn't ask for it. Reading through the forums and stuff, made me feel that it has got to do with the size of the company.
Technically not needed, but in order to beef up your application to prevent any RFE, attorneys might add this one too. My 2cents worth of knowledge on this topic:)
This is a pretty good omen for the Dec VB. Looks like the bulletin is already decided and just waiting to be published. All the best to everyone. Friends on another note get your paperwork ready sooner after you see the VB things will slow down due to the thanksgiving weekend.
Teddy, I didn't want to say this, as I was not sure, just gut feeling, but I would agree with you and like to disagree with some posters who suggested that this update of coming soon happens on the 1st day of the month itself always. I think it tends to happen 3-4 days before the VB release.
Friends just sharing my personal experience. Those of you who have birth certificates must also review them. Both me and my wife had our birth certificates but with unique issues.
- All content including the heading must be in English. I was very confident that I had my BC but unfortunately at that time the format headings were not bilingual even though all details for the individual were in English.
- Ensure all names are correctly written and spelt out if not affidavits may still be required. Some BC's are unique like for my wife, everything was perfect except that it missed her name because her birth was registered on the day of her birth.
- Now the options are to get new birth certificates issued, there is 1 glitch here some people say that the date of registration should be from the date of birth and some say that it should be the date of issuance.
- Coming to affidavits two are required but they should be 2 people other than parents who were more than 10 years old at that time and have personal knowledge of your birth. Also ensure that these have an internationally valid stamp. My attorney did not accept school leaving certificates, marriage certificate as alternates.
got the proof.
http://www.qesehmk.org/forums/showth...)-2011/page219
search for coming soon
you will find post 5470 by natvyas , informing us on 8/3/2011 12:49 PM PST that the page has been updated for sep bulletin coming soon. 8/3/2011 was not the start of the month, it was a wednesday. Actual Sep VB was released two business days later on the 8/8/2011 which was a monday.
If I further snoop around on the forum, I am sure I will be able to find more such instances.
I think this time also it was natvyas who informed of the coming soon update, was it...
And in fact if u see that thread, I was the guy that time telling natvyas in reply it is no big deal !! how things change.
EB5 should be ignored completely from SOFAD going forward.
http://news.yahoo.com/almost-half-ch...063620562.html
No. You should submit 2 affidavits from any one who is more than 10 years old at the time of your birth and includes any one like a relative, family fried of your parents along with any or both of your parents. I got this clarification from my attorney.
If you have some spelling mistakes in the birth certificate, then also you should get 2 affidavits for correction from any one like a relative, family fried of your parents along with any or both of your parents.
For most of them who are working as full time, attorney's end up getting all these documents from our HR or Accounting departments. They can get everything including W2 forms except 1040, which we have provide upon request. I asked my attorney the same question as he asked me only 6 or 7 things. He told me that he had all the data since he was doing my H1 and GC work from last 6 years and he will request me only those things, which cannot be provided by my HR. He in fact, pre-filled all 485, 131 and 765 forms for me and my wife and just asked me to fill gaps and sign them.
Could it be this true by releasing early bulletin , DOS want to build big pipeline early as oppose to told to AILA in 3 months steps.
DOS can ignore demand from USCIS if they do on 4th day of month and thus move far in 2008 and later they don't need to retro date once bulletin is published and good for one month.
Gurus,
Please help me with your suggestions.
I am assuming that AOS Apps have been submitted by today or tomorrow. I am planning to go to India for 45 days from Jan 15th to March 1st. I don't have H1 visa stamp as I didn't go out for last 7 years (by my wife has H4 visa stamp).
Do you guys think, I will get my AP before Jan 15th?
If not, can we leave and have some mail us the AP docs?
Do I need to be present during AOS processing and if there is any RFE, will USCIS gives me enough time to come back and answer them?
As of today, from various AILA members it appears that CO had already made a decision to move the dates forward. If that is true there appears to be no reason to hold VB until next week. If the goal is to build pipeline, giving as much time for applicants to file makes most sense. So, in that case we can expect vb this week and no later than Tuesday of next week. ( again this is out of personal experience and no information obviously:))
Irrespective of which Service Center you applied, processing times are more than 90 days for AP. Plus, you must count Holidays in November and December. To me, it appears to be stretching luck too much. If I were you, I wouldn't dare, even if I go I'll not be able to spend a peaceful Holiday. Again, it's more of a personal decision, I can only talk about how I would have dealt the situation
Q
I just want to reconfirm what your Lawyer said . Even if one uses AP at the port of entry he will be still considered to be on H1 (validity of I-797) untill and unless the switch is explicity requested to be on EAD. Just using AP does not cancel the H1 in any way .
Also to those planning travel using AP just make sure you have rest of your documents ready to answer any questions at POE. Rule of thumb is to pack everything that you would do for an visa interview. Rest easy and have an safe trip .Dont focus on the horror stories of AP's being turned away at the POE, the instances are far less than stamped H1's reporting at an different POE and being sent back.
Teddy, is it true that affidavits have to be from two people other than parents. In my opinion the affidavits can be from parenets too. Please correct me if I am wrong.
Coming to affidavits two are required but they should be 2 people other than parents who were more than 10 years old at that time and have personal knowledge of your birth
Sorry but I beg to differ. Irrespective of whether you have valid H1 or not, if you use AP to reenter US you are stamped as a parolee. There is nothing wrong or to be scared of being stamped as parolee.
Scenario 1: You have H1 till Dec 2012 but no visa stamped and meanwhile if you use AP to reenter then you are stamped as parolee at POE. Just before your H1 expires you decide you wanted to be on H1 and file for an extension and your extension is approved you automatically fall back to H1 status.
Scenario 2: You have H1 till Dec 2012 also visa stamped and meanwhile if you travle outside US and use AP to reenter ( doesn't make sense since you already have H1 visa but just in case) then you are stamped as parolee at POE too. Next time you leave the country and you decide to come back on H1 visa which is still valid you automatically fall back to H1 status.
In short if you use AP you are considered a parolee at POE. Again there is nothing wrong in being stamped as a Parolee.
This is my knowledge, I might be wrong and would be happy to corerct myself.