H1 B extension RFE for NSEERS

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malavikanambiar

Registered Users (C)
I had given my H1B extension for premium processing and recieved a RFE regarding NSEERS registration. I am an indian citizen but was born in UAE. I do not hold citizenship or passport of any country other than INDIA. I was not aware of NSEERS itself till this RFE. The Last time I entered US was on Feb 22 2003 on L1 and have never left the country since. I was not notified then by the Immigration personnel about NSEERS. After that I applied for H1 in 2004 and got it approved without any problems.

Unfortunately my H1-B expires on Sept 30th. If anyone is aware of this please let me know ASAP. Thanks in advance.

The RFE states the following

Submit Evidence that <<name>> has registered in NSEERS.Evidence should include but is not limited to a legible photocopy of both sides of Form I-94 (Arrival-Departure record) and united states visa. Please note the photocopies that were submitted with filling did not show evidence that compliance with NSEERS has been met.

IF <<NAME>> believes he is not subject to this requirement, submit an explanation accompanied by supporting evidence. Evidence may include

Documentaion from the relevant embassy demonstarting that <<name>> is not a citizen or national of said country.

Copies of relevant statues or constitutional provisions (with certified translations) of the sid country which clearly show <<name>> is not a citizen or national.
 
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How to resolve NSEERS RFE

Malav,
This is from a personne who went through this just recently.
This is a classical response from CIS to people who they believe they are required to do the special registration or NSEERS. In response to this RFE, You need to explain carefully your case as you explained above stating you haven't been aware of this special registration even when you got your H1B in 2004 approved despite that this regulation was enforced since 2003. State that you aren't from any of the countries whose citizens are required to do NSEERS (the list is available in www.ice.org or CIS website, they are 4 group issued one after another by CIS since 2003) but your parents were residing temporally in emirate and you were born there that time. End your statement saying "if CIS believes I am required to register, then I am willing to do so provided that ICE give me an opportunity to comply with this rule.
Please understand that only "willfull neglect of this rule is deportable", but if you show in good faith that you didn't know about this rule, there is no probleme. What CIS does in this case is they issue a second RFE called INTENT TO DENY" and that is what you NEED to get an interview with ICE. ICE takes your fingerprints, ask you questions and responds under oath. ICE writes then a FIN number (fingerprint identification #) on the back of your I-94. ICE doesn't give interview unless you receive intent to deny".
You send a copy of your I-94 both sides with the second RFE and normally your H1B issue will be resolved. Remember to have ID and all critical documents with you for ICE interview including a recent bill justifiying your address.
Good thing is you do not have to pay for this!

Good luck
 
Thank you med7ar. Do you have the actual reply fomat of what he sent to USCIS. If so could you please post it here. I would really appreciate it.
 
thank you everyone

I got my case approved today

I submitted a letter from the Indian counsulate confirming my nationality along with an affidavit from me as a response.
 
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