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Member Profile: DoNoHarm (78 posts)

 
 
Hello, I'm DoNoHarm (report this user)
I am from Pakistan
I last logged in on 13 Oct 2008
I have been a member since 22 Sep 2008
I have added 78 posts in trackitt forums
I added my last post on 13 Oct 2008
 
DoNoHarm's Posts
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Posted in I-485 Forum on 13 Oct 2008
Topic: Can I file 2 I-485 from 2 different employers at same time?


You can do that.. I am doing it..and porting my old priority date and approved I-140...my lawyer says only one would get approved and one denied if other is approved. Anything like this, I would recommend a good lawyer if possible ...as usual, one pothole can cause a wreck... like how the I-140 is ported...if done wrongly..can blow out both cases (ported before 2nd perm is approved).



Could you please explain the logic of filing two I-485 petitions (assuming you can do it)? I do not see any virtue in doing it. This is only a petition to adjust status; your eligibility has to be established by other filing (such as I-140). So it is not that you are trying to convince the USCIS by two different approaches. Your logic might help others who are also thinking on the same lines. Regards.
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Posted in I-485 Forum on 13 Oct 2008
Topic: RFE - Birth Record from Government Authority



Since we do not have enough time (need to respond to RFE by 10/16) to submit the Birth Certificate obtained from Municipal office so we are planning to submit whatever letter we have from RTO and two affidavits (from cousin and maternal uncle in India).



If you are running out of time, you can ask someone in India to fax you the birth certificate as soon as they get it. You can just send the fax copy to USCIS. If the original is in Hindi, you can translate it yourself and submit both the original language and the translation.

Good luck.
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Posted in I-485 Forum on 12 Oct 2008
Topic: Work and school

EAD does not dictate any such restrictions (unless your EAD has such explicit conditions attached). Sure, you can have a full-time job AND assistantship at school. As an RA etc, you are being paid for services that you perform at school; this is not some sort of welfare that will be nullified because you have a full-time job. This is the situation in general; you might want to check for your specific case.
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Posted in I-485 Forum on 11 Oct 2008
Topic: PD October 2005 EB2 Soft LUD

Most of these "soft" LUDs do not mean anything special as far as the users are concerned. Most often, they simply reflect some internal activity (part of book-keeping by USCIS, internal decision about potential assignment of files to IO etc). That's why your PD does not have to be current for them to do book-keeping. I won't lose sleep over "soft" LUD. But if you want some good news out of it, here it is: It does mean, at the minimum that USCIS still has your case somewhere on their shelves (i.e., not lost, yet).
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Posted in I-485 Forum on 11 Oct 2008
Topic: Tips to get 485 Adjudicated if your case is pending


If you strongly feel your case is approvable with PD being current, and your recpt date is within the processing dates and you have Visa #.





And where did you get your Visa #, if I may ask?

Regards.
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Posted in I-485 Forum on 11 Oct 2008
Topic: Have I-94 expired,I-485 pending.What should be done to reneew I-94

Can you clarify as to how your I-94 is expired? Were you on H1B or some other status/visa? I-94 is extended when you extend your visa status when you are still in the US. Provide some more detail of your specific situation so others can give some useful/helpful suggestions.
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Posted in I-485 Forum on 09 Oct 2008
Topic: South indian name with initial & Mother's name not present on BC - did anybody face problem ?

If you have a readable copy of the "nativity certificate", you can certainly submit it. You almost never have to submit originals to USCIS anyway.

Since your father's and mother's names are on this certificate, you can use this evidence along with affidavits as evidence of your parentage. You can mention that the nativity certificate was indeed used for passport purposes. The USCIS knows that records in many countries of the world are not kept exactly the way they are here and they tend to look at evidence with this in mind. They are trying to establish your identity, that's it. It happens to a lot of people that they simply cannot access older records (partially missing etc) and they have to rely on a combination of evidence that collectively can convince the USCIS of the petitioner's identity. Do not worry to much; just submit whatever you can. Good luck.
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Posted in I-485 Forum on 09 Oct 2008
Topic: South indian name with initial & Mother's name not present on BC - did anybody face problem ?

If you have a readable copy of the "nativity certificate", you can certainly submit it. You almost never have to submit originals to USCIS anyway.

Since your father's and mother's names are on this certificate, you can use this evidence along with affidavits as evidence of your parentage. You can mention that the nativity certificate was indeed used for passport purposes. The USCIS knows that records in many countries of the world are not kept exactly the way they are here and they tend to look at evidence with this in mind. They are trying to establish your identity, that's it. It happens to a lot of people that they simply cannot access older records (partially missing etc) and they have to rely on a combination of evidence that collectively can convince the USCIS of the petitioner's identity. Do not worry to much; just submit whatever you can. Good luck.
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Posted in I-485 Forum on 09 Oct 2008
Topic: South indian name with initial & Mother's name not present on BC - did anybody face problem ?


Does not state the reason in as such. I am guessing that my mother's name absent on the BC is the reason.

It only talks about getting hospital/school/census/baptisum records for evidence. They are also not talking about any affidavit !






No need to panic; this is a common situation with mother's name missing from BC. My advice will be as follows:

1. Get at least two affidavits from your parents/relatives who can testify under oath about your parentage and date of birth. These individuals have to be close enough to you in relationship to make this claim AND old enough to have known you when you were born.

2. No need to send the ration card if it does not have the right birth date; it is only going to confuse USCIS!

3. You can still send the hospital discharge letter even if it does not have your name. You can also try to contact the hospital and request them to add your name. It might be worth a try.

4. Send in your high school/10th grade certificate. These usually have date of birth and father's name.

Good luck.
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Posted in I-485 Forum on 08 Oct 2008
Topic: Case staus online: " Notice mailed welecoming ..." but no email (yet)

Sorry Everyone,

I just figured out how to add my details (!) but being at work and in the middle of things, I am going to update my data a little later. Sorry for not realizing this earlier and thanks a lot for patience and all the help. Regards.
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Posted in I-485 Forum on 08 Oct 2008
Topic: Case staus online: " Notice mailed welecoming ..." but no email (yet)

akmm

Congrats to you, too and thanks for the post. I came across another thread on the forum where some other folks also did not get email notice about the approvals etc.

My status also changed from "... welcoming new permanent resident... " to CPO, yet no email so far. Hope to get the notice in the next few days. Good luck.
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Posted in I-485 Forum on 08 Oct 2008
Topic: Case staus online: " Notice mailed welecoming ..." but no email (yet)

Hi Eeveryone

My online case status changed to "Notice mailed welcoming new permanent resident..." on 10/07/2008 but as of this morning (10/08/2008) there is no email. How long does it take to receive email for such sort of thing? My account was registered for email only a month ago. Does their system not email everyone? Should I be worrying or just wait for the actual official letter i the snail mail? Regards.
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Posted in I-485 Forum on 06 Oct 2008
Topic: Is it possible to process I485 & I140 at difference centers.

Why was I-485 sent to TSC while the I-140 was pending at NSC?

Anyway, my situation was somewhat similar. At the time of my filing of I-140, only NSC was accepting I-140s. However, after I-140 was approved, I aw that I-485 should be sent to TSC. Interestingly, the TSC sent my I-485 to NSC where it is now.

I have a feeling that your I-485 might also get sent to NSC.
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Posted in I-485 Forum on 05 Oct 2008
Topic: Birth Certificate RFE: Must we submit affidavits from parents?

harapata

Thank you very much for posting the link. It was most useful. I'll wait and see if the USCIS wants the originals at all.

Regards.
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Posted in I-485 Forum on 04 Oct 2008
Topic: Birth Certificate RFE: Must we submit affidavits from parents?


1. RFE for my wife didn't specifically ask for Affidavits. I submitted them because I had known them to be effective and acceptable as secondary evidence from forums etc
2. I sent original affidavits just for the heck of it. I didn't need to keep a copy. But your choice if you want to send the copies.



harapata

Thanks for your response.

I resorted to sending copies (actually, facsimile copies) because my father was very sick during that time and when he was able to go to the court, I was running out of time. I really wanted to have his affidavit and because of time constraint, I got the faxes of the affidavits and sent those off to USCIS. I do hope USCIS will not cause too many problems because of that.

Thanks again and best regards.
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Posted in I-485 Forum on 04 Oct 2008
Topic: Birth Certificate RFE: Must we submit affidavits from parents?


I want to thank everyone who contributed their opinions and wishes. My lawyer (though he messed up royally) says you should never send originals to USCIS -- they are fine with copies. The documentation does not say originals are needed. I suggest you do not send originals unless specifically asked for them. USCIS can always issue an RFE if they need originals. Trackbuzz is right.

Someone commented that the RFE verbiage mentions affidavits as secondary evidence and does not even mention the word "parent". I knew it, but it was my lawyer who brought this up and even when I read the text from the RFE, it did not change his opinion dramatically. He mentioned a "Foreign Policy Manual" which says parents' affidavit is "expected". In any case, we have submitted the response today with 3 affidavits and some other evidence. I hope it will be sufficient and will keep you posted.

As for my parents choosing to sever ties, that happens more often than Bollywood would have you believe. Yes, I am Indian, and such intransigence is less rare for Indians than others. It is what it is, life goes on.

Trackbuzz, the CC request went in September 4th. They have it and we are plugging more on CC with the RFE responses. I will keep my profile up to date. Thank you for your support. I hope you get yours soon also.



sisyphus

I am glad that you got your rfe re-submitted . Good luck.

A few points I would like to get your and others opinion on:

1. My RFE asking for evidence of parentage did NOT explicitly ask for affidavits. Initially this had been confusing to me. Was yours like it, too? I have seen some RFEs posted by some others and there is a line or two mentioning affidavits etc as secondary evidence. Even though the reasons for issuing RFEs seems to be the same, the RFEs seems to differ a bit. Why????

2. You are right; sending the affidavits in original is not a good idea. They can always ask for the originals if they want. Just another RFE, I guess.

3. I am a bit surprised that petitioners form modern-day China also have trouble with BC. My impression had been that in countries like China and Japan, registration of birth has been a legal requirement for decades. What this means to the State Dept. is that there gotta be some darn good reason that a person from these countries cannot have BC etc. However, for many other countries in the world, situation is somewhat hit or miss and the State Dept. tends to look at secondary evidence somewhat differently.

Regards.
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Posted in I-485 Forum on 03 Oct 2008
Topic: Birth Certificate RFE: Must we submit affidavits from parents?

T.

My RFE was one of those where they just ask for oldest available evidence of parentage with both parents names and give you options of school records, medical records, hospital records...

Many people get these but sometime do not have document with, say, mother's name. This was my situation. My BC was registered way too late and none my documents have mother's name. I even got my elementary school registration record and even that did not have mother's name on it. I was advised by folks to get at least two affidavits from relatives to testify for my parentage. That's what I did. I jst sent in copies of those affidavits.

I came across an instance where someone else posted the wording of their rfe and it was identical to mine. They also ended up sending affidavits.

I did not feel like sending the originals without being sure.
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Posted in I-485 Forum on 03 Oct 2008
Topic: Birth Certificate RFE: Must we submit affidavits from parents?

T.

Sound advice.

I did mean the originals of the affidavits, though. I did not want to send in the originals of affidavits unless that was required. Off course, I would not send in original BC.

You probably will also get an RFE. However, as I see it, you all set. Good luck.
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Posted in I-485 Forum on 03 Oct 2008
Topic: Birth Certificate RFE: Must we submit affidavits from parents?

Trackbuzz

Thanks.

My RFE response was received by the USCIS a couple days ago and the status changed to "RFE response received, case processing has resumed". I am waiting.

I must add that I had asked around on forums about affidavits and got the info that only copies need sent. I just submitted copied of affidavits. Now I am beginning to get the feeling that perhaps I needed to send originals? Or is it that you send in originals of affidavits only if they ask? My general impression has always been that we should not send them originals unless they specifically ask for then. Would I get another RFE to send the originals? Regards.
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Posted in I-485 Forum on 03 Oct 2008
Topic: Birth Certificate RFE: Must we submit affidavits from parents?


S, AFIAK u r ok..dont sweat it..were u able u find out if they had ur currect CC?



Trackbuzz

Good advice.

Just out of curiosity, what is "CC" (as in current CC, in your post)?
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