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Self-filing, documents, forms, directions, mailing. Self-filing, documents, forms, directions, mailing.

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  #1 (permalink)  
Old 02-20-2008, 02:27 PM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
07/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: Jul 2007
Posts: 102
rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough
Unhappy I-485 RFE - July 2007 filer - EB2.

Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.

We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.

Gurus - Please advise.
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  #2 (permalink)  
Old 02-20-2008, 02:47 PM
Member
Priority Date
:
Jan-06
Category
:
EB3
I140 Mailed Date
:
06/09/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: Jul 2007
Posts: 95
gotgc? has a reputation beyond repute gotgc? has a reputation beyond repute gotgc? has a reputation beyond repute gotgc? has a reputation beyond repute gotgc? has a reputation beyond repute gotgc? has a reputation beyond repute gotgc? has a reputation beyond repute gotgc? has a reputation beyond repute gotgc? has a reputation beyond repute gotgc? has a reputation beyond repute gotgc? has a reputation beyond repute
Default No..dont do that

I have the same issue...my original DOB is different from whats in all my offical documents....local muncipality in India had my birth certficate with original DOB...I said we dont have birth certificate at all...so, they issued me certificate of non-availability....this should be easy to get....

if you submit the original one with different DOB than whats in the passport, it will screw up the whole thing.....
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  #3 (permalink)  
Old 02-20-2008, 03:01 PM
Senior Member
Priority Date
:
Oct-01
Category
:
EB3
I140 Mailed Date
:
09/05/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/21/2007
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Join Date: Jul 2007
Posts: 571
webm will become famous soon enough
Default

Get a non-availability certificate from the local municipal office and submit it to USCIS..on a safer side..


HTH,

Last edited by webm; 02-20-2008 at 03:09 PM.
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  #4 (permalink)  
Old 02-20-2008, 03:36 PM
Senior Member
Priority Date
:
Aug-05
Category
:
N/A
I140 Mailed Date
:
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:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jul 2007
Posts: 189
dingudi is on a distinguished road
Default

Quote:
Originally Posted by rbalaji5 View Post
Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.

We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.

Gurus - Please advise.
rbalaji,

If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.

Looks like they have begun processing applications filed in July 07.
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  #5 (permalink)  
Old 02-20-2008, 05:09 PM
Senior Member
Priority Date
:
Jun-04
Category
:
EB2
I140 Mailed Date
:
09/02/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Jul 2007
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ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of
Default Non availabiliy or birth cert from Indian Embassy

Quote:
Originally Posted by webm View Post
Get a non-availability certificate from the local municipal office and submit it to USCIS..on a safer side..
HTH,
Or get the birth cert from Indian Embassy in US... They'll issue it based on her passport..
takes about 2-4 weeks... unless you can go and get it personally...
__________________
PD Jun 2004, RD Jul 2 2007, Xfer to Houston July 23 2008 (EB2-I)
Contributions: Flower Campaign, $$, Letters to President...
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  #6 (permalink)  
Old 02-20-2008, 06:25 PM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
07/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: Jul 2007
Posts: 102
rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough
Post

Quote:
Originally Posted by dingudi View Post
rbalaji,

If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.

Looks like they have begun processing applications filed in July 07.
NSC - PD MAY 29 2007.
I-140 APPLIED ON JULY 06TH 2007
I-485 APPLIED ON JULY 27 2007.
I-140 APPROVED ON JAN 15TH 2008
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  #7 (permalink)  
Old 02-20-2008, 06:26 PM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
07/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: Jul 2007
Posts: 102
rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough
Post

Quote:
Originally Posted by ajju View Post
Or get the birth cert from Indian Embassy in US... They'll issue it based on her passport..
takes about 2-4 weeks... unless you can go and get it personally...
It is not a Valid Birth Certificate for USCIS
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  #8 (permalink)  
Old 02-20-2008, 07:35 PM
Senior Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
03/03/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Join Date: Sep 2006
Posts: 776
roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute
Default

Quote:
Originally Posted by rbalaji5 View Post
It is not a Valid Birth Certificate for USCIS
Just an FYI, I applied my wife's I-485 with the Birth Certificate issued by Indian Embassy in Houston, TX....I went there personally and got it issued the same day...They issue it based on the DOB in your passport...Then later I got her BC done from the local municipality along with affidavits from her parents...I sent them to my attorney and he said he will only send them to USCIS if they send a RFE asking for the same.....He said its of no use to mail them without an RFE as they will lose them.....My PD is EB-3 India Nov 2003, and I haven't received any RFE so far regarding her BC...
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  #9 (permalink)  
Old 02-20-2008, 08:29 PM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
07/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: Jul 2007
Posts: 102
rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough
Default

Quote:
Originally Posted by roseball View Post
Just an FYI, I applied my wife's I-485 with the Birth Certificate issued by Indian Embassy in Houston, TX....I went there personally and got it issued the same day...They issue it based on the DOB in your passport...Then later I got her BC done from the local municipality along with affidavits from her parents...I sent them to my attorney and he said he will only send them to USCIS if they send a RFE asking for the same.....He said its of no use to mail them without an RFE as they will lose them.....My PD is EB-3 India Nov 2003, and I haven't received any RFE so far regarding her BC...
Is there any LUD for the filed I-485..If there is a LUD and no RFE, then I am surely go and get one from Indian embassy.
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