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RFEs and specific queries RFEs and specific queries during Labor certification stage.

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  #1  
Old 08-31-2008, 02:08 PM
pzl007 pzl007 is offline
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Default Birth Certificate RFE

Hi,

I received an RFE on Aug 15 requesting to submit a copy of birth certificate showing my parentage, and in the absence of birth certificate, to submit non-availability certificate. I didn't have my BC when I filed 485, so I submitted two affidavits from my mom and one of our relatives, for the date shown on my school/college/passport documents.

Now on approaching the civil authorities in India, I found that there is a record in their database and that date is a month older than what is stated on all my school/college/passport documents. So civil authorities have denied a non-availability certificate (it can be given only if there is no record over one full year, for the year of birth), and for the first time I received my BC with the date registered with civil authorities.

My BC affidavits were given for the date given on my school records. It is almost not possible to get a non-availability certificate as there is a record in the database in the year of my birth.

Also, my attorney says the BC from Indian Consulate may not be accepted.

I have just two weeks to respond.

Would it help, if I now submit the birth certificate issued by the civil authorities, with the date different from the one shown on school records/passport and explain that date on that BC was wrong? Would it be considered towards just proving my parentage?

Would it help to provide any school,college records that have reference to my parents names and my birth date, and not to bring up the BC with the wrong the date at all?

Are there any other options? Any suggestions, ideas is appreciated.

Thanks!
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  #2  
Old 08-31-2008, 02:20 PM
gveerab gveerab is offline
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Default better to get NC from India

I am not a lawyer, but one thing is sure don't confuse USCIS. They asked you to provide non-availability, if you can get one from India just submit that.
One thing you can do in India is submit an application with your DOB, parents name etc. Local Authorities can search the records and say no records available for this date for this guy. It's a logic they follow, but you know you need to manage the authorities in different way. Local officer can issue the certificate based on the logic, but you need to motivate somehow:-)


Quote:
Originally Posted by pzl007 View Post
Hi,

I received an RFE on Aug 15 requesting to submit a copy of birth certificate showing my parentage, and in the absence of birth certificate, to submit non-availability certificate. I didn't have my BC when I filed 485, so I submitted two affidavits from my mom and one of our relatives, for the date shown on my school/college/passport documents.

Now on approaching the civil authorities in India, I found that there is a record in their database and that date is a month older than what is stated on all my school/college/passport documents. So civil authorities have denied a non-availability certificate (it can be given only if there is no record over one full year, for the year of birth), and for the first time I received my BC with the date registered with civil authorities.

My BC affidavits were given for the date given on my school records. It is almost not possible to get a non-availability certificate as there is a record in the database in the year of my birth.

Also, my attorney says the BC from Indian Consulate may not be accepted.

I have just two weeks to respond.

Would it help, if I now submit the birth certificate issued by the civil authorities, with the date different from the one shown on school records/passport and explain that date on that BC was wrong? Would it be considered towards just proving my parentage?

Would it help to provide any school,college records that have reference to my parents names and my birth date, and not to bring up the BC with the wrong the date at all?

Are there any other options? Any suggestions, ideas is appreciated.

Thanks!
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  #3  
Old 08-31-2008, 03:23 PM
insbaby insbaby is offline
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Default Search more...

Mm. Its a real confusion. Before you submit, you have to consult an expert, otherwise USCIS will be confused. Because upon request you are giving a BC with a different date.

Then the question will be popping why it was different in certificates OR how did your mom and a relative gave affidavits on a wrong date? The credibility of affidavits will be questioned.

We all know this is very common, as BCs were not given much importance by our parents 25 years back, so the dates going back and forth. But in this country everything goes by paper and evidence.

You have to search more and more on how to handle the situation.
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Last edited by insbaby; 09-01-2008 at 02:08 AM.
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  #4  
Old 08-31-2008, 04:51 PM
srkamath srkamath is offline
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Default dishonesty or inaccuracy?

withdrawn..............
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Last edited by srkamath; 09-02-2008 at 06:15 PM.
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  #5  
Old 08-31-2008, 07:17 PM
meridiani.planum meridiani.planum is offline
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Default

Quote:
Originally Posted by srkamath View Post
Many friends of mine for reasons i cannot understand have two different birth dates??? Especially people from one particular state in india. One is their real birth date, the other is a fake date on their birth cert and some school records??

Is this just a clerical error or is this dishonesty?? If your parents were dishonest - you have to pay for it now. Unfair but - it is NOT YOUR FAULT.

Remember in your defense - YOUR PARENTS CHEATED NOT YOU.

Your birth-date is what your patents declared. All the best fixing it.
why does it matter at this point if it is dishonesty or inaccuracy?? OP is facing a problem, has a 2-week deadline to respond to an RFE. Either you should provide suggestions and solutions, or just ignore this thread if you cant contribute +vely to it.

Quote:
.... Especially people from one particular state in india.....
...YOUR PARENTS CHEATED NOT YOU...
comments like that are useless (or blatant attempt at trolling for flames)... Either help the poster, or keep quiet.. no need to show your supposed superior integrity here.
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  #6  
Old 08-31-2008, 11:02 PM
bombaysardar bombaysardar is offline
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Default

Quote:
Originally Posted by srkamath View Post
Many friends of mine for reasons i cannot understand have two different birth dates??? Especially people from one particular state in india. One is their real birth date, the other is a fake date on their birth cert and some school records??

Is this just a clerical error or is this dishonesty?? If your parents were dishonest - you have to pay for it now. Unfair but - it is NOT YOUR FAULT.

Remember in your defense - YOUR PARENTS CHEATED NOT YOU.

Your birth-date is what your patents declared. All the best fixing it.
Let's try to offer some constructive suggestions to a fellow IV ite...
Your remark "Especially people from one particular state in india." is uncalled for...
Peace
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  #7  
Old 09-01-2008, 02:20 AM
insbaby insbaby is offline
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Default Ignorance

Quote:
Originally Posted by srkamath View Post
Remember in your defense - YOUR PARENTS CHEATED NOT YOU.
NO PARENTS IN THIS WORLD CHEAT THEIR CHILD,
whether it is from your state or any where in this world.

EVERY ACTION THEY TAKE IS TOWARDS THEIR CHILDREN WELFARE.

Don't advice anyone to TRADE PARENTS LOVE FOR A PIECE OF PLASTIC CARD.
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  #8  
Old 09-01-2008, 08:27 AM
kevinkris kevinkris is offline
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Default Don't complicate.. get Non-Availability Certificate ASAP..

Hi pzl007,

Just ask for Non availability as the birth date is wrong.
Don't complicate the matter by taking wrong certificate.

Good luck.

kevinkris

Quote:
Originally Posted by pzl007 View Post
Hi,

I received an RFE on Aug 15 requesting to submit a copy of birth certificate showing my parentage, and in the absence of birth certificate, to submit non-availability certificate. I didn't have my BC when I filed 485, so I submitted two affidavits from my mom and one of our relatives, for the date shown on my school/college/passport documents.

Now on approaching the civil authorities in India, I found that there is a record in their database and that date is a month older than what is stated on all my school/college/passport documents. So civil authorities have denied a non-availability certificate (it can be given only if there is no record over one full year, for the year of birth), and for the first time I received my BC with the date registered with civil authorities.

My BC affidavits were given for the date given on my school records. It is almost not possible to get a non-availability certificate as there is a record in the database in the year of my birth.

Also, my attorney says the BC from Indian Consulate may not be accepted.

I have just two weeks to respond.

Would it help, if I now submit the birth certificate issued by the civil authorities, with the date different from the one shown on school records/passport and explain that date on that BC was wrong? Would it be considered towards just proving my parentage?

Would it help to provide any school,college records that have reference to my parents names and my birth date, and not to bring up the BC with the wrong the date at all?

Are there any other options? Any suggestions, ideas is appreciated.

Thanks!
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  #9  
Old 09-01-2008, 03:09 PM
srkamath srkamath is offline
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Default

Sorry to have fueled some fire here - my post was badly written.

Here's what i meant.....
If you get an RFE for this ... don't worry, you are not at fault.
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----------------

Last edited by srkamath; 09-01-2008 at 03:28 PM.
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  #10  
Old 09-01-2008, 03:12 PM
srkamath srkamath is offline
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Default

Quote:
Originally Posted by bombaysardar View Post
Let's try to offer some constructive suggestions to a fellow IV ite...
Your remark "Especially people from one particular state in india." is uncalled for...
Peace
Sorry, I didn't realize it was a nationwide problem.

Again - I'm only venting as i've been at the receiving end of this kind of a problem .. my school principal changed my middle NAME and my parent's middle names in my school records. Just because he thought it would benefit me......His intentions were good. i've been through a fair bit of problems because of this... I do sympathize with all those going through such issues.
__________________
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EB2-IN,
PD : Oct-28-05, TSC from NSC
RD : July-02-07
Online RD : Aug-23-07
LUD 10-27-07
NC not cleared as of July08 - Source INFOPASS
----------------

Last edited by srkamath; 09-01-2008 at 03:24 PM.
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  #11  
Old 09-04-2008, 09:26 PM
MYGC2008 MYGC2008 is offline
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Default

Hello pzl007.

I am also in the same boat. I just got RFE on birth certificate.The RFE is for Non Availability of Birth Certificate.My birth Date on School certificates and Passport is different than what is shown on the Actual Birth Certificate. My parents are saying that they are not able to get the Non-Availability Certificate. Indian Officials are denying to issue non availablity certificate. What needs to be done? I need to respond within 20 days.
Could you able tell what did you do about your case? This will be helpful.
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  #12  
Old 09-05-2008, 01:27 AM
kumarc123 kumarc123 is offline
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Thumbs up same problem

Quote:
Originally Posted by pzl007 View Post
Hi,

I received an RFE on Aug 15 requesting to submit a copy of birth certificate showing my parentage, and in the absence of birth certificate, to submit non-availability certificate. I didn't have my BC when I filed 485, so I submitted two affidavits from my mom and one of our relatives, for the date shown on my school/college/passport documents.

Now on approaching the civil authorities in India, I found that there is a record in their database and that date is a month older than what is stated on all my school/college/passport documents. So civil authorities have denied a non-availability certificate (it can be given only if there is no record over one full year, for the year of birth), and for the first time I received my BC with the date registered with civil authorities.

My BC affidavits were given for the date given on my school records. It is almost not possible to get a non-availability certificate as there is a record in the database in the year of my birth.

Also, my attorney says the BC from Indian Consulate may not be accepted.

I have just two weeks to respond.

Would it help, if I now submit the birth certificate issued by the civil authorities, with the date different from the one shown on school records/passport and explain that date on that BC was wrong? Would it be considered towards just proving my parentage?

Would it help to provide any school,college records that have reference to my parents names and my birth date, and not to bring up the BC with the wrong the date at all?

Are there any other options? Any suggestions, ideas is appreciated.

Thanks!


I had a similar problem, goto this webiste--- yourmaninindia.com


This was suggested to me by my lawyer, these people are local companies, who collect some information from you, they go to the specific department in India and get a copy issued for the birth certificate.
This website and the resources employed are honest and efficient, they charge about 100$.

Hope it helps
Good Luck
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  #13  
Old 09-05-2008, 10:12 AM
friend99 friend99 is offline
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Default

Hi Kumarc123,

What should we ask the people at yourmanindia.com as we already got the BC which has one DOB and rest of all the documents from school certificate to visa have a different date, How did you solve your problem?

Thanks,
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  #14  
Old 09-06-2008, 01:50 PM
immitul immitul is offline
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Default RFE for oldest available Birth reference...

Hi,

I got an RFE on my wife's case for producing the "oldest available evidence which establishes the birth and parentage".

We have submitted the BC that we took from Indian office last year, but seems USCIS is asking for the oldest available reference document. And obviously we all do not generally have the oldest BCs (at the time of birth etc.,).

Is any one on the same boat, and handled this issue ? Can u provide some inputs ?

Thanks.
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  #15  
Old 09-06-2008, 02:51 PM
RockyRocky RockyRocky is offline
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Default

Quote:
Originally Posted by immitul View Post
Hi,

I got an RFE on my wife's case for producing the "oldest available evidence which establishes the birth and parentage".

We have submitted the BC that we took from Indian office last year, but seems USCIS is asking for the oldest available reference document. And obviously we all do not generally have the oldest BCs (at the time of birth etc.,).

Is any one on the same boat, and handled this issue ? Can u provide some inputs ?

Thanks.

Send the school records(7th,10th grade marks sheet all you could ), Affidavicts from parents and relatives.
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