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Hi all,

[cross-posted to "ask attorney section" as well]

My spouse (Indian citizen) has received an RFE for her derivative I485 application.

Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.

The RFE states:

"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".

We now plan to submit the following:

1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.

Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?

2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.

Will that count as sufficient "registration with civil authority"?

I would appreciate if someone who has gone through this issue would comment on the proper ways of addressing this.

thanks!
Anand

seach on the forum..this discussion has occurred upteen # of times ....

Technology/SKILL SET: .NET (ASP.NET)
Hourly Rate/Salary per Annum: 40 per hour
Location: Richmond/VA
Year of Experience: 6

Very nice photo, great composition. Depressing view though.

My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775

-------

If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to follow-to-join, then the date on which the derivative will be considered to have sought LPR status for purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary within one year of a visa becoming available (i.e., within one year of the case becoming current or petition approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485

(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?

given the priority date and the processing dates i want to understand how the uscis will process our applications

now the Nebraska service center is processing June 8, 2008. so based on the priority date it is processing all the applications that are current and have been filed before June 8th. Now let us say they take an application and start processing it and suddenly the PD goes back and I am not current any more - what do USCIS do. Do they just stack it back or what do they do. any thoughts.

Hi nburch!
That is a request that I have heard plenty about. I will try my best to find some time to create some examples of all this, and it is very unfortunate that we haven't documented some of these cool things properly.

Cheers!
Kirupa

Kirupa,

Thanks for all the work you do here. I am certain all of this keeps you extraordinarily busy. I appreciate the follow up and look forward to your demos.

I had a lot of emotional and financial distress upon my graduation and I didn't get to apply for OPT. What do I do?
I mean I know I need to go speak with the dept that handles intl students in my school?
But, like, any pointers or information to please assist me?
Any constructive information/help, will be useful!
Also, I am looking into getting into graduate school within the next yr to yr and half!

If you graduated 1 year ago and was no longer a student in this last year, and did not apply for OPT before graduation, then you are already out of status - your F1 status ceased when you graduated. Moreover, your I-94 most likely said D/S. So the I-94 covered your stay only during the time you maintained F1 status. So you have been accruing illegal presence time. 6 month of illegal presence would trigger 3 year ban on reentering US; and 1 year or more would trigger a 10 year ban.

The prudent thing for you to do is to go back to your home country, and come back with a proper VISA.

I got my passport renewed in 2005 as my old one was expiring. I had to send my original passport to the Consulate. They sent the new passport with the old one attached to it.

bumping..

I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
1. WIthdraw application - not sure repurcussion of this.
2. Respond to RFE with mentioned reason which can have following outcomes
a) Appoved - (good i will be more than happy)
b) Approved with consular processing - (I dont want to travel at this point of time outside US)
c) denied - (not sure)
3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?

Here are my questions
1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
2. Senario 2.c. If I get "Denied" what will be my current status?
3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
4. Scenario 3, Can this happen?

Any response will be appreciated. Thanks!

ps57002 ... mytimeline is very similar.
there is really no rhyme/reason - as to what/why/how/when uscis is doing anything !! (Atleast I dont get it)

This means "big brother" watching.....

I applied for H1B as a Software Test Engineer and my LCA is applied with the same job description. Now i wish to work as Programmer Analyst in the same location specified in the LCA. will i need to amend my LCA or H1B or is it fine to continue with the same LCA. Are there any chances of my LCA getting denied and how long will it take to get the new LCA. Thanking you in advance.

Fun fun. Congrats man! That contest was pretty fun. Good job everyone on all the smileys, thanks to all the judges and people that voted me in the top 3 and thanks to Kirupa for the contest.

what does it mean? If you apply your 485 on July 2nd, within 6 months time (by Jan 2nd) you will get 485 approved?

agarwa4,

It is very important to keep your salary/wage consistent with what's in your approved Labor/I-140.

If you accept the employment with lower salary using AC-21 and if any RFE comes for Employment verification then you will not be able to respond to the satisafaction of USCIS on why you are working on the lower wages.

Hope this helps you understand the importance of keeping job position and slary level consistent with what its in your approved labor.

another option is to start the process all over again with lower salary, but with onging PERM/I-140 backlogs who wants to go thro' this hell again???

Bottomline stay with your consulting employer, why in the world you want to accept the lower salary???

You are EB-2 and the way dates are moving now for EB-2 you might get your GC soon....if the client is forcing you to come on board as PERM try to convince him that its a matter of another 5-6 months before you get GC and then you can accept his offer if you are looking for the job stability versus wokring for a consulting employer.

My wife came to USA in 2002 on H4.She changed from H4 to H1 in 2004 Nov.Since then she worked continuously till now (Jan 2009).Now she's planning to take a break and change back to H4.If she wants to work again sometime in future maybe after a couple of years will she come under quota?Does she have to apply for a new H1 or can she work the remaining 2 yrs left on her H1?We missed the bus and could not apply for 485 in July.

Thanks to any suggestions.

If new position is similar in responsibilities, then no effect. but if the responsibilities are changing, I would recommend talking to your immigration lawyer about it

As do i, font is a tad blurry though....

Does anybody know if original first passport needs to be sent.

Thanks.