We have got the following notices from USCIS Nebraska Service Center Requesting Additional Evidence for myself and spouse with a deadline of Feb 25th, 2009 to respond. Can some one please advise.
Self
1) The documentation submitted with your application and/or a review of Service records indicates that you no longer reside in the same state or geographical location as the underlying Form I-140 immigrant visa petitioner and/or the job location specified by your intended permanent employer.
Therefore, submit a currently dated letter from your original Form I-140 employer which addresses this discrepancy. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
IMPORTANT: If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106© of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND
The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
2. To establish your nonimmigrant status, you must submit a copy of your form I-94, Nonimmigrant Arrival/Departure Record, issue to you upon your arrival to the United States. Make sure to copy both the front and back sides of Form I-94.
If your form I-94 is not available, you must explain what became of the form and submit a copy of the personal information pages from your passport and those pages endorsed by immigration officials establishing your admission(s) or parole into the United States.
If applicable, include a copy of all petition/application approval notices (Form I-797) issued to you by this Service granting extensions or changes of nonimmigrant status.
Spouse
1. You indicated on your form G-325A, Biographic Information, that you have been a Student at the New York University since August of 2005, however you have not submitted any evidence establishing that you have acquired and maintained a valid F-1 (student) status. Please submit documentary evidence of all nonimmigrant status granted to you since your last lawful admission to the U.S. on January 3, 2004. Please also submit evidence that any and all employment since your last admission has been authorized by this Service. Such evidence may include, but is not limited to:
Copies of both sides of your Form I-94 Arrival/Entry Document;
Copies of both sides of your Form I-20 A-B/I-D (F-1 students and dependents);
Copies of both sides of your Form IAP-66/DS2019 (J-1 exchange visitors and dependents);
Copies of any Form I-797 approval notice/notice of action;
Copies of the pages in your passport which show U.S. visas, Service admission stamps or other endorsements, to include the passport identity pages;
Copies of any and all Employment Authorization Documents (EADs) issued to you by this Service.
2. The birth certificate you submitted establishes that your birth was not registered at the time when you were born. Because the document was not registered at the time of the event, you must submit secondary evidence in your possession to support the information you have provided about the event. Secondary evidence will be evaluated for authenticity and credibility. Such evidence may take the form of historical evidence and must have been issued contemporaneously with the event which it documents. Such evidence may include, but is not limited to, medical records, school records, and religious documents. Affidavits may also be accepted provided that they are sworn to by persons who were born at the time of and who have personal knowledge of the event to which to which they attest. Any affidavits must contain the affiant’s full name and address, date and place of birth, relationship to the party on whose behalf they are attesting, if any, and complete details concerning how the affiant acquired knowledge of the event.
Thanks
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PD Jul 2002
Self
1) The documentation submitted with your application and/or a review of Service records indicates that you no longer reside in the same state or geographical location as the underlying Form I-140 immigrant visa petitioner and/or the job location specified by your intended permanent employer.
Therefore, submit a currently dated letter from your original Form I-140 employer which addresses this discrepancy. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
IMPORTANT: If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106© of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND
The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
2. To establish your nonimmigrant status, you must submit a copy of your form I-94, Nonimmigrant Arrival/Departure Record, issue to you upon your arrival to the United States. Make sure to copy both the front and back sides of Form I-94.
If your form I-94 is not available, you must explain what became of the form and submit a copy of the personal information pages from your passport and those pages endorsed by immigration officials establishing your admission(s) or parole into the United States.
If applicable, include a copy of all petition/application approval notices (Form I-797) issued to you by this Service granting extensions or changes of nonimmigrant status.
Spouse
1. You indicated on your form G-325A, Biographic Information, that you have been a Student at the New York University since August of 2005, however you have not submitted any evidence establishing that you have acquired and maintained a valid F-1 (student) status. Please submit documentary evidence of all nonimmigrant status granted to you since your last lawful admission to the U.S. on January 3, 2004. Please also submit evidence that any and all employment since your last admission has been authorized by this Service. Such evidence may include, but is not limited to:
Copies of both sides of your Form I-94 Arrival/Entry Document;
Copies of both sides of your Form I-20 A-B/I-D (F-1 students and dependents);
Copies of both sides of your Form IAP-66/DS2019 (J-1 exchange visitors and dependents);
Copies of any Form I-797 approval notice/notice of action;
Copies of the pages in your passport which show U.S. visas, Service admission stamps or other endorsements, to include the passport identity pages;
Copies of any and all Employment Authorization Documents (EADs) issued to you by this Service.
2. The birth certificate you submitted establishes that your birth was not registered at the time when you were born. Because the document was not registered at the time of the event, you must submit secondary evidence in your possession to support the information you have provided about the event. Secondary evidence will be evaluated for authenticity and credibility. Such evidence may take the form of historical evidence and must have been issued contemporaneously with the event which it documents. Such evidence may include, but is not limited to, medical records, school records, and religious documents. Affidavits may also be accepted provided that they are sworn to by persons who were born at the time of and who have personal knowledge of the event to which to which they attest. Any affidavits must contain the affiant’s full name and address, date and place of birth, relationship to the party on whose behalf they are attesting, if any, and complete details concerning how the affiant acquired knowledge of the event.
Thanks
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PD Jul 2002