Help on Reference for I - 485 ( Jan. - 2001 ND)

H

hari13

Registered Users (C)
Hello everyone

 This is second time I am posting message. First time, I posted the message when my I-140 got approved. Here are my details:

EB1,RD:12/28/00,ND:1/5/01,FP:5/9/01,EAC-01-073-XXXXX (Ph.d.in CSC from one of IITs in India)

I have been issued a reference on 9/27/01 and I received copy of reference by mail on 10/4/01 through my attorney. The reference wording is as follows:

 1) Submit evidence you are still engaged in the occupation on which your National Interest Waiver is based.

   - When I applied my GC then I was with company "x" working as Software engineer. Now, I am with company "y" also working as software engineer. I changed job 2 months back.

  - So, my question is what kind of proof should I send to INS?

2) Birth certificate:

 - I submitted birth certificate obtained from Indian Consulate NY. But, INS is saying either submit the Birth Certificate or submit two affidavits with reason that why birth certificate is not available.

 - I was born in a small village in India and there is no concept of birth certificate till today.

 - What should I do in this case?

Thanks for help in advance.

Hari13
 
I can answer partly..

1. I dont have the answer

2. You can get the affidavit from your parents(mother and father one each) or two of your close relatives or friends. Affidavit samples you can get at www.immihelp.com. Look at the top left.. "sample affidavit".

Good luck.
 
about birth cert

even small village will fall under a district headquarter where there is a office called \'registrar of births and death\'. He should be able to issue a cert.
Alternatively , get 2 affidavits from ur parents and a non-availability cert from above said office.

Its not necessary that ur birth was registered when u were born, You can send ur parents to get ur birth registered as of today and get the cert. cert from NY consulate is of no use.

instead of paying $25 to NY consulate , u could have paid Rs1000 to someone in india to get the above said thing done.
 
No Title

To question 1: What kind of EB-1 I-140 petition did you have: i.e.
a. Extraordinary ability(self sponsored) or b. company sponsored.
If a., then just send a letter form the company about your job description and pay stubs (~3).
If b., then you will need to use AC21 i.e. your 485 should have been pending for 180 days before you switched and send the above.

Key to both the above is that job description should match the one based on which your I-140 was approved.
Hope this helps.

Question 2 is welll answered by the others
 
No Title

My I-140 was also NIW, so maybe I can tell you something for the first question. I think it doesn\'t matter whether you changed your job or not as long as you prove the following things:

employment letter that describes your title, dates of employment, salary, intention to the continuous employment, job description and responsibility. Especially you need to show the special expertise and contributions that made your NIW petition approved in the SAME field is being used, made and continued. This is the key point.

Hope this helps.
 
No Title

I really appreciate everyone quick response. Thank you very much everyone. My application is self sponsored not employee sponsored. Moreover, I applied my application based on the EB-1 (Extraordinary ability) but it seems that reference has been issued based on the National Interest Waiver (EB-2).
 
Reg. Birth cert

It is better to get one from your mother or father and the 2nd one from your relatives who are atleast 20 years older than you. They can go to the notary with the copy of your passports or school/college transfer certificate and it takes 2 hours to get the affidavits.
 
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