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Thread: October 2020 VB Discussion

  1. #201
    Quote Originally Posted by Positive View Post
    I don't see FAD or filing dates in this guidance, only that visa be immediately available. Has the USCIS ever differentiated the two and defined FAD as visas being immediately available and the filing date=visas not immediately available? I don't think so. FAD and filing dates have no basis in statute or even regulations I believe. It's just gobbledygook, as Scalia would say.
    I interpret "immediate available" as FAD. But can't complain if otherwise!

    A lot things routine work that Departments do doesn't have to have statute or laws. The whole distinction between final action vs filing date has no statute or law governing them. It exists because USCIS and DOS say so. And that's ok. I am not a big fan of having too many laws on which side of the road we should walk upon!
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  2. #202
    Quote Originally Posted by qesehmk View Post
    I interpret "immediate available" as FAD. But can't complain if otherwise!

    A lot things routine work that Departments do doesn't have to have statute or laws. The whole distinction between final action vs filing date has no statute or law governing them. It exists because USCIS and DOS say so. And that's ok. I am not a big fan of having too many laws on which side of the road we should walk upon!
    There are advantages and disadvantages of agency rule making to supplement congressional statutes. USCIS has relied on guidance rather than rule making unlike other administrative agencies. Part of the disadvantage with that approach is that guidance can be freely changed without much resistance, which gives immense power in the hands of vile actors like Stephen Miller to bend entire immigration system of the country at will. But I digress...
    I guess we are lucky that the current USCIS practice works for us in this instance for now.

  3. #203
    Does anyone know the requirements for the birth certificate? Does it matter when it was issued?

  4. #204
    I have an EB2-I petition and my PD is within the dates of filing of May-2011 and current by this bulletin. I haven't received the fee bill from NVC yet to commence visa processing.

    Has anyone received notification from NVC on fee bill, if your dates have been qualified by filing dates this month?

    If not, how long does it usually take for NVC to notify applicants after the visa bulletin is issued? Thanks in advance.

  5. #205
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    Quote Originally Posted by NJMavarick View Post
    Does anyone know the requirements for the birth certificate? Does it matter when it was issued?
    Does it matter when it was issued? Yeah - it should NOT be issued before birth


    Other than that read below


    A copy of the applicant’s foreign birth certificate or sufficient secondary evidence of birth must be submitted to establish the applicant’s country of citizenship for visa chargeability, identity, and existence of derivative relationships. [2] Each foreign birth certificate must include a certified English translation. [3]

    Officers should check the Department of State's Country Reciprocity Schedule to determine availability of birth certificates as well as acceptable secondary evidence of birth for specific countries.

    https://www.uscis.gov/policy-manual/...rt-a-chapter-4

  6. #206
    Quote Originally Posted by TB12TB12 View Post
    Does it matter when it was issued? Yeah - it should NOT be issued before birth


    Other than that read below


    A copy of the applicant’s foreign birth certificate or sufficient secondary evidence of birth must be submitted to establish the applicant’s country of citizenship for visa chargeability, identity, and existence of derivative relationships. [2] Each foreign birth certificate must include a certified English translation. [3]

    Officers should check the Department of State's Country Reciprocity Schedule to determine availability of birth certificates as well as acceptable secondary evidence of birth for specific countries.

    https://www.uscis.gov/policy-manual/...rt-a-chapter-4
    I have a dumb question, I don't know how the system works after I-485 got filed. If USCIS see's issue in Birth Certificate will they still issue EAD and request for more evidence (RFE) or uscis raise first RFE and if they get the proper response from the applicant then only they give EAD?. can experts please through some light on this?

  7. #207
    Quote Originally Posted by altek001 View Post
    I have an EB2-I petition and my PD is within the dates of filing of May-2011 and current by this bulletin. I haven't received the fee bill from NVC yet to commence visa processing.

    Has anyone received notification from NVC on fee bill, if your dates have been qualified by filing dates this month?

    If not, how long does it usually take for NVC to notify applicants after the visa bulletin is issued? Thanks in advance.
    as far i know NVC can be applied only when FAD is current....not on the basis of filing dates...

  8. #208
    Hello, This might be a common question, if filing dates are current and not the final action date, is it still better to submit with medicals or wait until it becomes current in final action date?

    Not sure if this was already discussed?
    Last edited by shriny; 09-26-2020 at 12:44 PM.

  9. #209
    Quote Originally Posted by shriny View Post
    Hello, This might be a common question, if filing dates are current and not the final action date, is it still better to submit with medicals or wait until it becomes current in final action date?

    Not sure if this was already discussed?
    Below is the medical exam direction from one of my attorneys... Advise to use it with your attorney's direction

    Each applicant is required to complete a medical examination with a designated physician before the Form I-485 application can be approved. You may either submit the medical examination with your initial I-485 application, or bring the medical exam with you to your in-person interview. As the medical exams are valid for two years from the date of completion, we recommend that you submit them with your I-485 application. However, because USCIS will not accept medical exams signed by a civil surgeon more than 60 days before filing the underlying adjustment of status application, we advise that you wait until th attorney's office provide you with the draft application forms before scheduling your medical exam.

  10. #210
    Quote Originally Posted by iamdeb View Post
    as far i know NVC can be applied only when FAD is current....not on the basis of filing dates...
    I disagree what you stated. See notes in Dates of Filing section of EB - "The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions "

  11. #211
    Quote Originally Posted by altek001 View Post
    I have an EB2-I petition and my PD is within the dates of filing of May-2011 and current by this bulletin. I haven't received the fee bill from NVC yet to commence visa processing.

    Has anyone received notification from NVC on fee bill, if your dates have been qualified by filing dates this month?

    If not, how long does it usually take for NVC to notify applicants after the visa bulletin is issued? Thanks in advance.
    Gurus-- Can anyone take a look into this query and please respond?. Thanks

  12. #212
    Sophomore
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    Jul 2014
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    My date is current for filing in EB2 I for October.
    I am a first time filer for AOS.
    I am working with the same company who filed my I 140.
    Do I need to fill and submit the Supplement J when I am filing the 485?
    Thank you.

  13. #213
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    Gentle folks,

    My PD is current (EB2 Aug 2009) and I-485 already filed as I am currently on EAD. What is next step for me? Fingerprint was done back in 2012. Thanks in advance.

  14. #214
    Quote Originally Posted by dus_saal_baad View Post
    Gentle folks,

    My PD is current (EB2 Aug 2009) and I-485 already filed as I am currently on EAD. What is next step for me? Fingerprint was done back in 2012. Thanks in advance.
    If you had not received RFE, I guess nothing and wait. You can also raise SR or reach out to congressman (after couple of months) if nothing happens by then.

  15. #215
    Yoda
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    New Jersey
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    Quote Originally Posted by incredible View Post
    If you had not received RFE, I guess nothing and wait. You can also raise SR or reach out to congressman (after couple of months) if nothing happens by then.
    Medicals question - do we will and get a I693 form signed for minor dependents too?
    My HR is saying no need and just getting the vaccination records from Pediatrics is sufficient. And from the Websites it looks like we have to and parents need to sign if they are below 14 and kids signs if they are 14 and above.
    I did reserve an appointment with the general physician. And the Pediatrics office said bring the 693 form and we will get it completed even if they were not listed in the USCIS approved General Physicians for signing 693.

    Can someone throw light?

  16. #216
    Pandit
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    Jul 2014
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    Tampa Bay
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    Quote Originally Posted by imdeng View Post
    Thanks Q. I am still going to make an effort to get my tax return in as soon as possible - but its good to know that its not a specific reason to be too worried.

    For others who may have similar question: my research indicates that USCIS has access to your SSN records (for example: paychecks assigned to your SSN) but it does not have access to your IRS records.
    Did you ever file Supplement J? Did you receive any RFEs asking for one.

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