I-485 RFE Received - Please advice

I

IL_LABOR

Registered Users (C)
Gurus,
My lawyer received an RFE from USCIS stating:

submit a currently dated letter from your prospective employer describing your present job duties and position in the organization, your proferred position( if different from the current one) and the offered salary. The letter must also indicate whether the terms and conditions of your employment based visa petition continue to exist.

-- What needs to be written to show that whether the terms and conditions of your employment based visa petition continue to exist.??

Submit the following evidence to verify the birth and parentage of Suman Kumar as the documnet submitted is a late registered document.
if the birth certificate does not list the names of both mother and father, secondary evidence must be submitted to establish parentage. Secondary evidence includes but is not limited to medical records, school records, census records, government issued identity card, church records and / or affidavits. The oldest available evidence that lists the names of both parents should be submitted.

-- Does this mean if the high school certifciate doesn't mention the name of both parents will an affidavit work? my 10th standard certificate has the heading in Hindi but the data is eneteted with Computer in ENGLISH. the birth date is shown in letters like NINETEENTH APRIL NINETEEN HUNDRED SEVENTY SEVEN is that okay or do I need to get it translated in english?

Submit a current photo identity document such as a passport showing your picture, name and date of birthl; a driver's license, or other type of photo id, issued by government agency, showing your picture, name and date of birth; a birth certificate with photo id or a national identification documnet with photo and or fingerprint. The identity document must clearly show the facial features of the applicant and the biographical information.

Consulate issued passports are acceptable identification documents.

-- will a US driver's licence suffice for this requirement along with the passport that is Indian Goverment Issued?

Thanks
 
I think you need to do a lot of work here. From what you have written here it looks like you did not submit your original birth certificate.

1. Get a letter from your employer stating that you are currently a fulltime employee of <your company name>, you are working as <designation> since <employment date> and you employment wil continue as per the employment contract established between you and your employer. The second paragraph should state that "As a <designation> you are involved in <... job duties ...>", last line should state that "For any questions regarding Mr. <your name>'s employment please contact the undersigned. Signed by the HR rep.

Here you should take care of one aspect that is the Job Position and more importantly Job Duties mentioned in this letter should be as close as possible to the Job Position and Duties mentioned in your Labor petition (I think). USCIS usually does not care much about the salary; but the salary mentioned in this letter should not be less than the one promised in labor petition.

2. Try to get the original birth certificates, in case you cannot get these then have someone go to the depertment of birth and death registration and get the certificate of registered records. What it means is that the registrar will issue a certificate (very similar to the original birth certificate) stating that as per the registrar office records the date of birth of so and so is <DOB> and it will also state Father and Mother's name and their occupations at the time of your birth.

3. Send copies of all pages of your passport, and US drivers license as identification.

I hope that this information is helpful.

PS: Please use this information on your own risk. I'm not an attorney or immigration specialist. My comments are based purely on my experience and knowledge and I may be wrong.

Thanks
 
2. Try to get the original birth certificates, in case you cannot get these then have someone go to the depertment of birth and death registration and get the certificate of registered records. What it means is that the registrar will issue a certificate (very similar to the original birth certificate) stating that as per the registrar office records the date of birth of so and so is <DOB> and it will also state Father and Mother's name and their occupations at the time of your birth.

[/QUOTE]

Along with this I have heard from others that a notarized affidavit from the parents is also helpful. Just my two cents.
 
Thank You guys for this valuable response. At this time when I needed this advice from my lawyer , he is not even willing to take a look at the RFE , that's why I had to post this question on this board. The thing that hurts the most is even after taking so much money from us these lawyers don't want to give time to look at the RFE. At situations like this this forum has been the best to everyone of us.

Thanks once again
 
Guys if my lawyer doen't respond to the RFE in a professional manner can I respond to USCIS with the RFE on my own with the required documents? What needs to be done if I want to respond to this RFE on my own? With EB2 going in retrogression from september, I wanted the lawyer to respond to the RFE quickly but it seems he is planning to respond it by the dead line. After coming so far I feel like I can't take it any more...
 
Getting a birth certificate may not be sufficient because it will be post dated document. I had submitted a birth certificate that was issued couple of years. I got an RFE saying that the birth certificate was post dated and they needed more evidence, such as school certificate and/or affidavit etc. I just sent in high school certificate which has my DOB. I am waiting to see if that will suffice. I am not sure why USCIS needs so many document to prove your date of birth!
 
I have got High School Certificate that shows the date of birth in english alphabets but the certificate is in Hindi . Can you guys suggest me if I need to get it translated. Because I saw this on USCIS website:

http://uscis.gov/graphics/fieldoffices/scnational/index.htm.

Junkoo,
Did you send the certificate in english?

I also have affidavit of birth from my parents but is dated 2 years ago. Is is true that Affidavits need to be from the date they are requested?

If I want to change this lawyer at this point what needs to be done so a new lawyer can reply the RFE.?

Thanks
 
Yes. My certificate was in English. My lawyer was Ok with sending it. I am trusting her judgement on this.
 
Can someone please clarify if the question
"indicate whether the terms and conditions of your employment based visa petition continue to exist." relates to H1 ( non immigrant visa petition or immigrant visa petition)?

Thanks a lot
 
1.To get the translation done is very cheap. Do the translation yourself on a piece of paper and send it to the trustforte corporation. For a charge of 25 dollars they will certify and attest the document.
We are spending a lot of time and money on the GC process so if we have any doubts we should probably do the best thing possible.

2.Getting an original Birth certificate is going to take a lot of time. What I would suggest is going in for an affidavit.Also we can take a copy of our rationcards where we would have our parents names and get it notarised.
 
junkoo said:
Getting a birth certificate may not be sufficient because it will be post dated document. I had submitted a birth certificate that was issued couple of years. I got an RFE saying that the birth certificate was post dated and they needed more evidence, such as school certificate and/or affidavit etc. I just sent in high school certificate which has my DOB. I am waiting to see if that will suffice. I am not sure why USCIS needs so many document to prove your date of birth!
Click to expand...

I got a post-dated birth certificate as well (issued a couple of years back, like you). I think most people do that for their 485s. Is it a common thng to get a RFE like you did? Also, which service center did you file you application at?

Thanks much for the info!
 
IL_Labor,

In my point of view the requirement for "terms and conditions of your employment exists ..." should suffice with the letter from your employer as I mentioned above. More so for your second part of the question these terms and conditions are not as per your H1b petition but for the Labor Certificate petition.

Thanks
 
sensat said:
1.To get the translation done is very cheap. Do the translation yourself on a piece of paper and send it to the trustforte corporation. For a charge of 25 dollars they will certify and attest the document.
Click to expand...
I translated all my documents myself and asked friend to sign translation. Something like

"I, <Name>, certify that this translation is complete and accurate and that I am competent to translate from <foreign language> into English."
Signatute and date

It was enough for H1, EAD, AP, 140... Also I always send a copy of original document with translation.

No need to spend more time and money.
 
Draft employment verification letter in response to RFE

This is a draft of the employer letter that is for responding to question 1 of the rfe.

<<submit a currently dated letter from your prospective employer describing your present job duties and position in the organization, your proferred position( if different from the current one) and the offered salary. The letter must also indicate whether the terms and conditions of your employment based visa petition continue to exist. >>>

Please let me know if this is sufficient to satisfy this rfe. My case is a AC-21 case. My new job position is similar and description is 99% same as in LC.
If you feel we need to add any thing else to elaborate on "whether the terms and conditions of your employment based visa petition" , please suggest me the same.

Thank You very much for your input.

*******************--------------***************************
This letter is to confirm that Mr. xxx has been employed with us as a Database Administrator (DOT#: 039.162-010) on a full time, permanent basis since Feb 15, 2004. In his capacity as a Database Administrator, Mr. xxx presently receives an annual base salary of $xx,xxx. The terms and conditions of Mr. xxx’s employment based visa petition continue to exist since Mr. xxx joined us in Feb 2004.

YYY Inc., established in 1997, provides professional technical services, including management consulting and system design, development and implementation. We provide expert services nationwide to Fortune 500 companies and other private and public organizations in the United States. We employ more than fifty-five IT professionals in the United States and our gross revenues exceed $5.5 million.

Mr. XXX's duties include the following: < duites are 99% same as in Labor >
Please feel free to contact us if your office requires any further information.

Sincerely,

YYY, INC.

XXX VVV
Vice President
YYY, Inc.
 
Certificate translation

I do not recommend you translating the certificate yourself.
go to http://www.proz.com and list this translation project. Many certified translators will contact you from India and would probably do it for around $20 or less. Many can do it for you within 24 hours. (you can specify all these requirements when u list the project. Ask for a certified translator)

Get for a seperate statement as well from your translator attesting that the translation is done with accuracy based upon the document presented. They will date and sign in this document and provide full contact details here. IF you have time, you can wait for them to mail you the document. If you dont, ask them to do electronic signature and email it to you.

All this can be done electronically, meaning...u can scan and send the translator ur birthcert.

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On a seperate note, I got an RFE for my 140 about employment similar to what they are asking you. This is how we responded. You might want to elaborate a little more as my RFE just asked whether my job is permanent or not.
***************************************************

U.S. Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 82521
Lincoln, NE 68501

Re: Immigrant Petition for XXXXXX
File No. LIN-05-015-YYYYY

Dear Sir or Madam:

This will confirm the University’s offer of employment to XXXXXX in the position of Instructor, Computer Science. This position is permanent and full-time and the University seeks Mr. XXXX’s services to fill the position. The yearly salary is $MXMXMX.

All of the terms of the employment petition filed for Mr. XXX continue to exist.

Sincerely,


Signature of Dean and title

*****************************************
Please note that these comments are just my 2 cents.
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