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  #16 (permalink)  
Old 06-25-2007, 10:00 PM
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Jun-06
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07/02/2007
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royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts
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Quote:
Originally Posted by logiclife
The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.

So it is very risky to send 485 without that coz it could get denied without you ever seeing an RFE. This is done to speed up processing times and force applicants to file petitions properly the first time so that the time wasted in RFEs and responses to RFEs can be minimized.

The time to respond to RFEs is also now going to be very short, maximum time to respond will be 12 weeks.

Ask your lawyer if he has read the USCIS memo on June 17th.

If he hasnt, then send him/her this link:

http://www.uscis.gov/files/pressrele...Rule060107.pdf



Some lawyers have previously stated that you can send 485 without employment verification letter and by the time RFE comes, 180 days would have passed and you can send your new employer's letter therby completely bypassing your current employer in 485 filing. This may not work anymore after this memo. If you are planning to send your 485 without employer's letter discuss this memo with your lawyer.

The initial evidence for each of the forms is listed on the form itself under filing instructions.

Although the officers have been asked to judiciously use the option of deny a petition outright without sending RFE, they COULD do so.

Employment verification letter is listed in the intial evidence on 485 form, so DO NOT send your 485 without sending employment verification letter and if you do, please discuss this memo with your attorney and make sure you know what you are doing.

Is any thing missing from the list
Initial Evidence as per the 485 form for Primary applicant

Birth Certifiacte or NAC and 2 Affidavits from Parents/Relatives
Copy of Passport with non-immigrant Visa ( Latest) and I 194(Latest)
Photos with A# number or Name on the back
Medical report
Biograpic information sheet
Employment Letter
I 140 copy or LC( if concurrenlty filing)

Last edited by royus77; 06-25-2007 at 10:05 PM.
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  #17 (permalink)  
Old 06-25-2007, 11:52 PM
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PBECVictim will become famous soon enough
Default Still missing 2

Still missing

1) I-485 with Signature
2) Evidence of Eligibility --I-140 or labor (for you), for wife (Marriage certificate), and for children their birth certificates.


Quote:
Originally Posted by royus77
Is any thing missing from the list
Initial Evidence as per the 485 form for Primary applicant

Birth Certifiacte or NAC and 2 Affidavits from Parents/Relatives
Copy of Passport with non-immigrant Visa ( Latest) and I 194(Latest)
Photos with A# number or Name on the back
Medical report
Biograpic information sheet
Employment Letter
I 140 copy or LC( if concurrenlty filing)
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  #18 (permalink)  
Old 06-26-2007, 12:45 AM
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Default Copies or Original Birth Affidavits?

Are these Birth Affidavits from relatives need to be Original?
I do not see any where in the document saying these birth affidavits fall under initial evidence Requirements.
Correct me if i am wrong.
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  #19 (permalink)  
Old 06-26-2007, 12:50 AM
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royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts
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Quote:
Originally Posted by hibhagya
Are these Birth Affidavits from relatives need to be Original?
I do not see any where in the document saying these birth affidavits fall under initial evidence Requirements.
Correct me if i am wrong.
Copies only
Birth Affidavits from relatives will go along with the Non availability certificate as part of secondary evidence . Will be required only if you we cant obtain a Birth certificate
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  #20 (permalink)  
Old 06-26-2007, 12:55 AM
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04/17/2007
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Quote:
Originally Posted by royus77
Copies only
Birth Affidavits from relatives will go along with the Non availability certificate as part of secondary evidence . Will be required only if you we cant obtain a Birth certificate
If birth certificates or NAC are absolute must should we send birth certificate from Indian Consulate at least it will be considered as Initial evidence.

What do you guys think about it.
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  #21 (permalink)  
Old 06-26-2007, 01:05 AM
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royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts
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Quote:
Originally Posted by bitu72
If birth certificates or NAC are absolute must should we send birth certificate from Indian Consulate at least it will be considered as Initial evidence.

What do you guys think about it.
About BC from Indian Consulate ,there are conflicting views .Esp if you are having a recent PD you may not get a chance to file 485 another year or 2 with the current backlog and quota system...I prefer to wait and get a NAC and affidvits since i got another 20 days time left for me.
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  #22 (permalink)  
Old 06-26-2007, 01:18 AM
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i got affidavits and school records ...so not sure if i go for indian consulate goven BC..
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  #23 (permalink)  
Old 06-26-2007, 08:35 AM
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badluck is an unknown quantity at this point
Default

Quote:
Originally Posted by gcnirvana
  • Copy of passport; visa; I-94 [all pages with stamps]
  • Current H-1B approval and recent pay stubs.
  • 3 years of tax returns
  • Birth Certificate (if not give us affidavits of BIRTH from your parents and/or close relatives)
  • Marriage Certificate
  • Birth Certificate of spouse and children
  • Visa, passport and I-94s of all dependent beneficiaries:
  • Medical Reports of all applicants
  • Pictures of all applicants (6 passport size pictures for each)
  • All I-130 or I-140 approval and documents received from the Visa Center or Immigration

He didn't mention anything about EVL but I think thats the reason he asked for the Paystubs. But anyways, I will insist my employer to send the EVL to our attorney.

Guys, please post your docs list too...thanks!

I dont think you need 3 years of tax returns or pay stubs
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  #24 (permalink)  
Old 06-26-2007, 08:48 AM
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Default No tax returns of pay stubs

My lawyer did not ask for tax returns or pay stubs too.

They are a reputed firm..
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  #25 (permalink)  
Old 06-26-2007, 08:51 AM
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Mine asked for latest 3 pay stubs, not returns.
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  #26 (permalink)  
Old 06-26-2007, 09:15 AM
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gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute
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Quote:
Originally Posted by gcwanter
My lawyer did not ask for tax returns or pay stubs too.

They are a reputed firm..
My lawyer did not ask for tax returns or pay stubs too,
I will send them just in case, My paper work is done/filed by my company Legal Dept, Not any law firm.
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  #27 (permalink)  
Old 06-26-2007, 10:25 AM
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Default what is initial evidence?

HI

what is initial Evidence? Does EB3 need it?
My lawyer did not ask for tax return! I keep hearing about Labor Certificate but my lawyer never mentioned it. Do i need labor ceritificate for RN?

thank you for your help.
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  #28 (permalink)  
Old 06-26-2007, 10:51 AM
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deardar has a spectacular aura about deardar has a spectacular aura about
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Initial evidence is not a particular document that you get from a lawyer or your parents and its not EB2 or EB1 dependent.

"Initial evidence" are a set of docs that need to be sent to the USCIS for them to begin you case. In you case , Initial evidence are or may be all the docs that your lawyer or ur compnay as requested to file your I-485 petition.
like the I-485 form, I-325G, or the photos or the pay stubs or the birth certificate
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  #29 (permalink)  
Old 06-26-2007, 11:04 AM
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You can sign this letter, but I don't think they can do anything if you leave. It cannot effect your credit history and it costs the lots of dollars to sue you. So they will not pursue it. Please take advice from an attorney.

Quote:
Originally Posted by WaitingForMyGC
My employer is blackmailing me to sign a new 2 year contract with him to get an employment verification letter.I already completed initial 2 year contract with them and also paid for whole GC process. I would have liked it if emplymemt letter is not part of the initial evidence. All these Desi(Indian) consulting company sucks. It is so frustrating.......
__________________
Contributed $500 so far
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  #30 (permalink)  
Old 06-26-2007, 11:14 AM
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I think, receiving the receipt is the first thing that could happen.
Perhaps they just enter your name in the computer and generate a receipt number and send it to you.

Going the thru the docs by the INS office and so on would be the second step that's when they take their decisions.
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