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  • nogcyet
    10-30 04:07 PM
    My FP was done on 09/21 and there is no LUD neither on my I-140 nor I-485 which is pending. Concurrently filed both I-140 and I-485 on July 2nd.





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  • factoryman
    06-19 12:57 PM
    Yes, on stamp paper. . What will you ask next? A format for affidavit. Why pal, why are you doing this to me? What did I do? Why did you start another thread?


    Here it is:

    Sample Affidavit of Birth for Parents

    AFFIDAVIT BY [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] (Mothers Maiden Name: Mother's Maiden Name)

    Re: [Child's First Name] [Child's Last Name] (If child is married, list the following: (Child's Maiden Name: Child's Maiden Name))

    We, [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name], hereby depose and say:


    Our full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

    That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].

    That I, [Mother's First Name] [Mother's Last Name] (Mother's Maiden Name: Mother's Maiden Name), was born on [date] in the town/city of [name of city], [country].

    We married on [date of marriage] in the city of [name of city], [country].

    We [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] had the following children:
    a. [Child’s First Name] [Child's Last Name] (If child is married list the following: (Child's Maiden Name: Child's Maiden Name) born on [date]; and

    b. [list all of the other children, if applicable].


    [Child's First Name] [Child's Last Name] was born in [name of city], [country].

    This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Child's First Name] [Child's Last Name].

    We declare under penalty of perjury, that the foregoing is a true and correct statement.

    _________________________
    [Father's First Name] [Father's Last Name] and signature

    _________________________
    [Mother's First Name] [Mother's Last Name] and signature

    Subscribed and Sworn to before
    Me, this ____ day of __________,
    [YEAR] at ______________________.




    Sample Affidavit of Birth for Close Relative



    AFFIDAVIT BY [Close Relative's First Name] [Close Relative's Last Name]

    Re: [Applicant's First Name] [Applicant's Last Name] (If child is married, list the following: (Applicant's Maiden Name: Applicant's Maiden Name))

    I, [Close Relative's First Name] [Close Relative's Last Name], hereby depose and say:


    That I, [Close Relative's First Name] [Close Relative's Last Name], was born on [date] in the town/city of [City], [Country].

    My full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

    That I am closely related to [Applicant's First Name] [Applicant's Last Name]. I am his/her [fill in: uncle, aunt, grandparent, etc.]

    That [Applicant's First Name] [Applicant's Last Name] was born on [date] in [name of city], [country] to [Mother's First Name] [Mother's Last Name] and [Father's First Name] [Father's Last Name].

    That I have direct personal knowledge of the event and circumstances concerning the birth of [Applicant's First Name] [Applicant's Last Name] because [state how you are aware of the birth or birth date].

    That I have known the applicant since [month/year].

    This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Applicant's First Name] [Applicant's Last Name].
    I declare under penalty of perjury, that the foregoing is a true and correct statement.

    _________________________
    [Close Relative's First Name] [Close Relative's Last Name] and signature



    Subscribed and Sworn to before
    Me, this ____ day of __________,
    [YEAR] at ______________________.





    Here is another version:
    SAMPLE AFFIDAVIT OF BIRTH

    Preliminary Instructions:

    -Please keep in mind that the Beneficiary is the person whose birth is being proven (i.e. the person who has filed or will be filing an I-485).
    -The Affiant is the person who affirming that the birth did occur and is the person who will be signing this document. The Affiant should have been an adult (over 18 years of age) at the time that the event (e.g. Birth) occurred.
    -You should spell out all dates. You should never list the dates with just numbers. For instance, you should list “March 1, 1970”, not 3-1-70 or 1-3-70.
    -The Affidavit ought to be certified or notarized.


    AFFIDAVIT OF __________________ (Affiant's Name)


    I, ____________________, a citizen of _____________ and currently
    residing in __________ do hereby
    State that the following is true and accurate to the best of my knowledge:
    1. I am the _________ of ___________ (Identify the Relationship, e.g. “I am the Grandfather of Mr. Beneficiary”)
    2. I was born on __________ (List Affiant's date of Birth. This will prove that the Affiant was an adult at the time that the event took place) in ____________ (list city, country) and I know of his/her birth because of my relationship to him/her.
    3. In ______________ (Month/Year) I was living in ________________ (Town where Beneficiary was Born)
    4. __________________(Beneficiary) was born on ___________________ in _________________ and I know of his/her birth because of my relationship to him/her.
    5. ______________________(Beneficiary) was born to _____________________________(Father's
    name) and _____________________ (Mother's name).
    Note: Choose either Number 6a or 6b below depending upon whichever is relevant to your case.
    6a. I hereby attest to the fact that birth records for individuals born during this time are difficult if not impossible to obtain and that a birth certificate was not issued to ___________ (Beneficiary) on his/her birth.
    6b. I hereby certify that the birth certificate for ______________(Beneficiary) does not mention his/her name because it was not customary at that time to include the child's name on the birth certificate.

    Dated: ________________________
    __________________________________
    (Affiant's Name)

    Sworn to and signed before me this ____________ day of ____________, _______________. (List Month and Year)

    ______________________________
    Certifying Official/Notary Public



    NOW DO YOU WANT THE GUIDELINES FORM THE FOREIGN MANUAL, that I posted in another big thread.


    Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.

    Thanks.





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  • dilbert_cal
    04-26 12:21 AM
    WillGetGC2005

    Alright my last understanding was wrong.

    So to recap what I understand :-

    You have a PD of 2002 in EB3. Have approved I-140 and pending 485.

    What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.

    Since you have a 485 filed, why would you want another 485 ?
    Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
    If you convert your case to EB2 which is current, you may have your actual GC much sooner.

    Now to your question - what happens if the old employer revokes I-140.

    I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.

    If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)

    Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )





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  • logiclife
    12-20 11:38 AM
    did you get a letter from USCIS to your new address that they have received your address change request?

    i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).

    also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.

    Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?



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  • sripk
    07-17 03:51 AM
    Hi,
    I received RFE on my 485 for I94 copy. My situation is below

    I travelled to Tijuana, Mexico from San Diego by road to request
    for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
    was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
    of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE





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  • xlxoel
    06-08 01:06 PM
    lc03:

    The RFE came with a YELLOW PAGE with the following information:

    SRC XXX-XXX-XXXX

    PLEASE RETURN THE REQUESTED INFORMATION AND ALL SUPPORTING DOCUMENTS WITH THIS PAGE ON TOP TO:

    USCIS / TSC
    P.O. BOX 279080
    DALLAS, TX 75227-9080

    So I sent the two pictures with the yellow page on top last tuesday June 2nd 2009, my current status online is CASE PLACED ON HOLD.... I'm waiting for them to change the status.



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  • Sai gc
    05-15 03:46 PM
    Thanks a lot for your time Victory.
    What you said is correct,so even me decided to keep quite and wait for the mercy of USCIS.

    Wish you goodluck buddy.





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  • kumar1
    11-05 10:04 AM
    For a long time, between 2001 to late 2004, All PDs (EB1-EB5) were current. Main reason for this was, labor certification used to take 2-4 years during that time. If you do not have labor certification coming out, you always have visa numbers available. Just when PERM hit, retrogression came in to the picture.



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  • fide_champ
    02-15 01:22 PM
    Thanks to everyone who replied.





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  • chanduv23
    10-05 09:32 AM
    People are going to Sikkim these days. Heard it is amazing. You can consider going to places like Andaman or Maledives or Nepal too.



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  • kirupa
    09-03 10:03 PM
    That's a good point! I never noticed that, but I will look into it shortly :)





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  • dilusa1
    07-18 07:44 PM
    Thanks for great services..

    My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

    will court close my removal proceedings based on PD current..

    i will really really apprecate your help.



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  • doggy
    07-22 04:25 PM
    As per my attorney, even if you enter the country on AP, your status can still remain H1, if you are using it to work (instead of EAD).





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  • common1
    01-25 06:10 PM
    Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html)



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  • desi3933
    04-07 06:57 PM
    ......
    Finally secured the job with 3 offers from 3 top companies
    ......

    Congrats!

    _______________________
    US citizen of Indian origin





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  • hpandey
    01-30 11:45 AM
    My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.

    I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.

    Appreciate your feedbacks on this.


    Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.

    Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.



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  • belmontboy
    11-26 01:57 AM
    Hi,

    My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

    Question:
    Does this note have any significance according to US law, esp. Ohio?
    If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

    What is my way out of this?

    I would be highly obliged if anyone can provide any help on this matter.

    Regards
    Chint001


    the law depends on state. Its worth paying the lawyer few hundred bucks to findout what laws pertain to Ohio specifically.

    Generally bonds are not legally enforceable, but lawyers may know better and explain you the fine print.





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  • transpass
    08-02 07:46 PM
    If this is the case, can they take the route of "Follow to join" what are the other options for folks in india?

    That I don't know. Probably one needs to check with a lawyer or local consulate regarding the available options...

    Regarding applying reentry permit when outside US, please check the recently released USCIS appeals cases...

    http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_03I1223.pdf

    http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_01I1223.pdf

    http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_02I1223.pdf

    HTH...





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  • xlxoel
    06-04 07:27 PM
    No!

    This was a renewal, I already had one PAROLE.

    When I applied online they asked me not to include any documentation but the old parole document, the specifically said not to include pictures or any other type of document.

    So I just mailed the old PAROLE and got an email saying that an REF was on its way,
    I waited for the letter and they specifically said only to include 2 pictures attached to a yellow document that they sent on the same envelope!

    Now, I'm just waiting to receive my travel permit!
    YES!





    ardnahc
    08-14 01:45 PM
    That's an eternal open question all of us have here :-)

    To be honest, I don't know, but based on the what I read, I gathered that it is the notice date. But the bottomline is - we all know - even USCIS knows - ITS RANDOM PROCESSING!!

    Thanks





    EkAurAaya
    10-19 10:50 AM
    I have got the A#. Thanks guys..

    is this the number same even to my 140? I guess this number is assigned at the 140 stage.

    so if i give a call to USCIS and ask the status by giving the A# will they tell me the 140 status.

    With the A# they can pull up your record (which should in theory include all your applications)...

    Will they give you your 140 status?
    Answer: You will find out when you call 'em up :)



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