On Consulate Birth Certs and Using H1 vs AP

U

Upstate_NY

Registered Users (C)
Friends,

I am posting for the 1st time since browsing for a few weeks. I have seen a few mistakes users have stated as if they know the Immigration law well.

1. Consulate Birth Certs are NOT accepted by INS. You can try using it but keep in mind the time lost in RFEs. The risk of rejecting the birth cert is enormous. This statement is given to me by an experienced immigration lawyer.

2. Those who are born in India before 1970 can get a letter from the local authority stating non-availability. This is accepted by INS.

3. Previously, one cannot travel on a valid H1 visa if he/she has AP. Now you can. So those who have both, use whichever document you have, based on your lawyer's advice.

4. Once someone gets their AP/EAD, H1 DOES NOT cancel automatically. It cancels ONLY when you use EAD for work or AP for travel.

Friends, pls don't confuse those who are less knowledgeable on these issues. If you are not sure, don't state.

Thanks.
 
I also wish to state that I have been closely monitoring immigration laws for over 3 years, in close contact with immigration lawyers and have been in this country for 15+ years.

I hope I didn't offend anyone with my simple observation. I hate posting unnecessarry stuffs and taking up bandwidth but did so just to illuminate people on how easy it is to get confused with various ideas/perspectives. Thanks.
 
Upstate_NY,

What about the people born after 1970 and didn't have the birth certificate?

Not all families(even though) educated but living in small towns and villages would not register the birth of their children?

For me I was born in a small town and I was infact born in my grandparents house and they never bothered to register my birth and when I applied for 485, I typically got a Non-availability certificate from my local (muncipality) govt. and submitted affidavits from parents. Do you think that these documents suffice or should I expect any RFE in my case?

I would be thankful to any answers for this concern.

Thanks
Sunny
 
The INS keeps this criteria because the Govt of India offcially started keeping Birth Records in 1970. So anyone born in or after 1970 is expected by the INS to produce the Birth Cert from the local governing authority.

For final interpretation of the law, pls check with your attorney. All said and done, sometimes such cases may get thru unnoticed.
 
I am not sure about BC if u were born after 1970

Hi Upstate_NY,
All the posts u posted are true. But I dont believe the birth certificate issue about beorn before 1970 are true.

Because for a fact I know somebody who got their greencard (born after 1970), and they didn't have birth certificate. Instead, they submitted a affidavit (or letter from the muncipality) stating that they dont have a record.

So I dont know whats true in this case.
HTH
Sudhi
 
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