EB2 Predictions (Rather Calculations) - 2012

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Originally Posted by sandeep11

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

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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.

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Originally Posted by TeddyKoochu

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.

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Originally Posted by nishant2200

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.

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EB5 should be ignored completely from SOFAD going forward.

http://news.yahoo.com/almost-half-ch...063620562.html

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Originally Posted by TeddyKoochu

- 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.

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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.

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Originally Posted by TeddyKoochu

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.

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Is it ok to have a logo of state government in Hindi? For e.g. "Madhya Pradesh Shasan Satyamev Jayate" in hindi.
If this also is a problem then I don't see anyway to get over this problem. What an exercise to get a birth certificate!!!

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Originally Posted by leo07

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:)

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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.

Quote:

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Originally Posted by nishant2200

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.

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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?

Yes, if it's official and government logo there's no problem.

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Originally Posted by SmileBaba

Is it ok to have a logo of state government in Hindi? For e.g. "Madhya Pradesh Shasan Satyamev Jayate" in hindi.
If this also is a problem then I don't see anyway to get over this problem. What an exercise to get a birth certificate!!!

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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:))

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Originally Posted by gc_usa

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.

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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

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Originally Posted by nayekal

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?

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Originally Posted by leo07

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

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Thanks Leo. I will postpone my dates if I don't get AP by that time.
But do you still see any problem if I am gone( assuming I have AP in hand) during AOS processing?

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.

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Originally Posted by qesehmk

Guys ..... my lawyer had answer H1 and AP by saying that
"Even if you use AP..... you are still considered on H1." Basically unless H1 is expired or one explicitely starts using EAD, H1 status doesn't go away just because you entered using AP.

Hope this helps.

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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

Quote:

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Originally Posted by TeddyKoochu

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.

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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.

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Originally Posted by gcseeker

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.

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Originally Posted by sandeep11

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

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Sandeep in my case the lawyer insisted on affidavits from 2 people other than parents. So I gave one from my grandmother and uncle and my wife from her uncle and aunt. Luckily for both me and my wife everyone who signed the affidavits was part of a joint family living together at that time. My lawyer is a very rigid guy and does not answer questions and even when he answers does only in very few words, I have seen people submit affidavits from parents but on most affidavits on BC have to give the details about parents, so in that regard it maybe better that the affidavits come from others.

I think I am in big trouble now. Just now found out that I am missing one of the approval notices for my wife in between. I don't have any clue on how I could have lost that. I am going to check with my company tomorrow whether they have a copy of the H4 approval notice for my wife. If they don't have it, what are my options? I am going to check with my attorney tomorrow. But really want to know some opinion from the experts so that I can sleep today. (-:

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Originally Posted by TeddyKoochu

Sandeep in my case the lawyer insisted on affidavits from 2 people other than parents. So I gave one from my grandmother and uncle and my wife from her uncle and aunt. Luckily for both me and my wife everyone who signed the affidavits was part of a joint family living together at that time. My lawyer is a very rigid guy and does not answer questions and even when he answers does only in very few words, I have seen people submit affidavits from parents but on most affidavits on BC have to give the details about parents, so in that regard it maybe better that the affidavits come from others.

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My attorney said one affidavit signed by both father and mother will suffice. The registration date on my Birth Ceritficate is more than 1 year from birth.

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Originally Posted by Reader

I think I am in big trouble now. Just now found out that I am missing one of the approval notices for my wife in between. I don't have any clue on how I could have lost that. I am going to check with my company tomorrow whether they have a copy of the H4 approval notice for my wife. If they don't have it, what are my options? I am going to check with my attorney tomorrow. But really want to know some opinion from the experts so that I can sleep today. (-:

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If corresponding to that notice the visa is stamped on your wife’s passport you should be ok. Hopefully your attorney should have it though.

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Originally Posted by TeddyKoochu

If corresponding to that notice the visa is stamped on your wife’s passport you should be ok. Hopefully your attorney should have it though.

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Thanks Teddy. I am missing two of her H4 approval notices. One from 2001 when she first came to US and another one from 2007. I am having the H4 visa stamped in the PP for both of these periods.

the lawyer should have them... if not, i believe you can get a reprint

gc_usa, and friends, another one for proof.

http://www.qesehmk.org/forums/showth...9-2011/page138

go to post number 3428 by neospeed indicating the page got updated with coming soon for august visa bulletin. this was on 7/6/2011 12:47 PM PST wednesday. And august visa bulletin was published 2 business days later on 7/11/2011 monday.

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Originally Posted by nishant2200

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.

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Quote:

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Originally Posted by gc_usa

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.

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AP in hand it's a totally different game. yes, there is little risk, but 99% of population travel with AP. In fact, AP is meant exactly for that purpose :)

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Originally Posted by nayekal

Thanks Leo. I will postpone my dates if I don't get AP by that time.
But do you still see any problem if I am gone( assuming I have AP in hand) during AOS processing?

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Guys,

let's not confuse actual H1B approval ( allowed to work for company x ) document with H1B Visa ( travel purpose). Same with EAD ( employment purpose) & AP(Travel) document. You can have all 4 at the same time or a minimum of EAD or H1B approval to work and stay in the US. A minimum of AP or H1B approval to travel. If you have both, it's totally upto you as to what you submit at the POE. No one forces you. Even if you are working on EAD, if your H1B approval is valid and you have a valid h1b visa, yo can still travel with H1B Visa.( not ideal, but still ok).

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Originally Posted by sandeep11

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.

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Reader,
When getting H4 stamping for the spouse from abroad while coming to USA for the first time, only primary applicant's H1b approval is required. Spouse will not have H4 (I-797) approval. Dependent visa is issued based on primary applicant's H1b.
When a spouse goes for stamping during vacation or a long stay outside USA, primary applicant's H1b approval is what is required.
I am sure about the first scenario. 2nd scenario - I am not too sure. My wife had valid H4 extension when she went for stamping during her trip alone to India couple of times - she used that and my H1b approval/extension.

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Originally Posted by Reader

Thanks Teddy. I am missing two of her H4 approval notices. One from 2001 when she first came to US and another one from 2007. I am having the H4 visa stamped in the PP for both of these periods.

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