sriharirag
07-16 10:47 AM
Here is the full article.
>>>>>>>>>>>
U.S. to Reverse
Some Denials
Of Work Visas
By MIRIAM JORDAN
July 16, 2007; Page A2
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to compile paperwork and meet other requirements such as medical exams. Normally, eligible employment-sponsored workers wait years for their numbers to be called.
Then, July 2, as applications poured into processing centers, the State Department announced in a bulletin "update" that no employment-based immigrant visas were left for the fiscal year ending Sept. 30 because of "sudden backlog reduction" by U.S. Citizenship and Immigration Services. USCIS announced it would reject applications that it received.
People familiar with the situation say that officials are working out the final details of a plan that would at least partially rectify the problem.
It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach.
The July 2 decision provoked outrage among immigration lawyers, foreign workers and their employers. July 5, Microsoft Corp. announced that it plans soon to open a software-development center in Vancouver, Canada, with a view to "recruit and retain highly skilled people affected by immigration issues in the U.S." The announcement sent a clear signal to the government of the high-tech industry's dissatisfaction with the visa situation.
July 6, a large Chicago immigration law firm filed a lawsuit seeking class-action status against the government. Separately, the American Immigration Law Foundation, a nonprofit group, said it will file this week its own suit seeking class-action status.
Meanwhile, disgruntled green-card applicants cried foul, saying they had been unfairly treated by the government despite playing by the rules.
July 10, they registered their disappointment at the immigration system by dispatching hundreds of flower bouquets to the office of U.S. Citizenship and Immigration Services chief Emilio Gonzalez.
The next day, Rep. Zoe Lofgren (D-Calif.), whose district includes Silicon Valley, sent a letter to Secretary of Homeland Security Michael Chertoff requesting "all correspondence, emails, memoranda, notes, field guidance or other documentation" leading to the immigration system's about-face July 2.
The problem may have resulted from a communications breakdown between the State Department, which issues a monthly bulletin detailing who is eligible to file a green-card application, and USCIS, which processes the visa applications. The State Department has said that its role is to ensure that every visa slot available is used. In the past, however, the immigration agency has failed to use all of the slots.
Write to Miriam Jordan at miriam.jordan@wsj.com
>>>>>>>>>>>
U.S. to Reverse
Some Denials
Of Work Visas
By MIRIAM JORDAN
July 16, 2007; Page A2
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to compile paperwork and meet other requirements such as medical exams. Normally, eligible employment-sponsored workers wait years for their numbers to be called.
Then, July 2, as applications poured into processing centers, the State Department announced in a bulletin "update" that no employment-based immigrant visas were left for the fiscal year ending Sept. 30 because of "sudden backlog reduction" by U.S. Citizenship and Immigration Services. USCIS announced it would reject applications that it received.
People familiar with the situation say that officials are working out the final details of a plan that would at least partially rectify the problem.
It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach.
The July 2 decision provoked outrage among immigration lawyers, foreign workers and their employers. July 5, Microsoft Corp. announced that it plans soon to open a software-development center in Vancouver, Canada, with a view to "recruit and retain highly skilled people affected by immigration issues in the U.S." The announcement sent a clear signal to the government of the high-tech industry's dissatisfaction with the visa situation.
July 6, a large Chicago immigration law firm filed a lawsuit seeking class-action status against the government. Separately, the American Immigration Law Foundation, a nonprofit group, said it will file this week its own suit seeking class-action status.
Meanwhile, disgruntled green-card applicants cried foul, saying they had been unfairly treated by the government despite playing by the rules.
July 10, they registered their disappointment at the immigration system by dispatching hundreds of flower bouquets to the office of U.S. Citizenship and Immigration Services chief Emilio Gonzalez.
The next day, Rep. Zoe Lofgren (D-Calif.), whose district includes Silicon Valley, sent a letter to Secretary of Homeland Security Michael Chertoff requesting "all correspondence, emails, memoranda, notes, field guidance or other documentation" leading to the immigration system's about-face July 2.
The problem may have resulted from a communications breakdown between the State Department, which issues a monthly bulletin detailing who is eligible to file a green-card application, and USCIS, which processes the visa applications. The State Department has said that its role is to ensure that every visa slot available is used. In the past, however, the immigration agency has failed to use all of the slots.
Write to Miriam Jordan at miriam.jordan@wsj.com
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paskal
08-22 11:32 PM
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We are happy to provide you all the info and include you in planning the trip.
Please click on the link in my signature below for the iv-mn-mw chapter
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Jaime
09-06 04:42 PM
UK and other countries in Europe must be smoking pot to think that they tap into the pool of skilled migrant workers returning from US. These people are returning back to their home countries primarily due to the recent advancements in their own countries, and to some extent due to the GC & visa mess in US.
The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).
Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.
You are right, but the point here is not whether kicked out U.S. PhDs want to leave the U.S. for Europe, the point is that those PhDs ARE WANTED everywhere, except in the U.S. (regardless of where they choose to settle, which will probably be, like you rightly stated their home countries, where the opportunities are the best)
The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).
Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.
You are right, but the point here is not whether kicked out U.S. PhDs want to leave the U.S. for Europe, the point is that those PhDs ARE WANTED everywhere, except in the U.S. (regardless of where they choose to settle, which will probably be, like you rightly stated their home countries, where the opportunities are the best)
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manderson
04-18 08:08 AM
if u like to pay for it, there's already an option for u: EB5. price tag: $500K minimum!
more...
adibhatla
05-04 03:51 PM
I recently traveled (2 weeks ago) via Frankfurt to India and back from Dallas. It is more than enough time. Also Lufthansa does a good job of on-time arrivals and departures. I would say it should not be a problem at all.
Cheers!
MA
Cheers!
MA
waitingnwaiting
05-20 01:32 PM
"We are beneficiaries of an EB3 petition"
Isn't that the biggest issue with several of us! :)
Beneficiary of EB3????? OP is making a cruel joke too aside from starting a game seeking smart guys for a date
Has anyone benefitted from filing in EB3?
Victims of EB3 petition is correct.
Isn't that the biggest issue with several of us! :)
Beneficiary of EB3????? OP is making a cruel joke too aside from starting a game seeking smart guys for a date
Has anyone benefitted from filing in EB3?
Victims of EB3 petition is correct.
more...
nixstor
02-13 10:58 AM
i spent around 3000$ for studies, could get only 2000$ under lifetime...
is there anyway i can claim the entire 3000?
Yes, if you are married filing jointly and your combined income is less than 130,000 you can claim a tuition deduction of 4000USD. If you are above 130K but less than 160K your deduction is 2000USD. If you are around borderline for 130K, just buy a traditional IRA which reduces your AGI. Read this part of Pub 970 if you need more help
http://www.irs.gov/publications/p970/ch06.html#d0e5975
is there anyway i can claim the entire 3000?
Yes, if you are married filing jointly and your combined income is less than 130,000 you can claim a tuition deduction of 4000USD. If you are above 130K but less than 160K your deduction is 2000USD. If you are around borderline for 130K, just buy a traditional IRA which reduces your AGI. Read this part of Pub 970 if you need more help
http://www.irs.gov/publications/p970/ch06.html#d0e5975
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vxg
03-26 12:38 PM
I filed last week using USPS. I added the service where in the mailed you a signed receipt that it was received basically you fill a pre paid postcard with your address for the receiver to sign and send back to you. I received that back from TSC it is signed by some one with a TSC stamp. USPS delivered it in two days and only cost about $6 ( I used priority mail).
Need advise - bumping this up...
Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?
I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.
Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?
Also, whether some kind of delivery tracking can be done on PO box addresses?
Please advise folks... Thanks in advance for your help!
Need advise - bumping this up...
Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?
I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.
Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?
Also, whether some kind of delivery tracking can be done on PO box addresses?
Please advise folks... Thanks in advance for your help!
more...
kiran_k02
12-05 09:36 AM
I wonder with so many layoffs in US, how much support will H-1B quota increase lobbying group get from the congress?
I think H-1B quote increase issue might be on back-burner for now and most likely they will concentrate on getting comprehensive immigration reform bill passed by middle of next year.
I think H-1B quote increase issue might be on back-burner for now and most likely they will concentrate on getting comprehensive immigration reform bill passed by middle of next year.
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raysaikat
11-14 10:57 PM
i am not a lawyer and may be mistaken, but i was told that if one's spouse is using EAD, then you must be in EAD status and cannot be in H1 status (since then dependent spouse would be in H4 status and cannot work).
Can anyone confirm this?
best,
-andy
It is the other way.
If the spouse has EAD and wishes to be in AOS, then the primary applicant can be either on H1-B or on EAD; it does not matter.
If the spouse has no EAD (so that s/he has to be on H-4), or for whatever reason wants to remain in H-4, then the primary applicant must be on H1-B.
Can anyone confirm this?
best,
-andy
It is the other way.
If the spouse has EAD and wishes to be in AOS, then the primary applicant can be either on H1-B or on EAD; it does not matter.
If the spouse has no EAD (so that s/he has to be on H-4), or for whatever reason wants to remain in H-4, then the primary applicant must be on H1-B.
more...
funny
08-13 01:19 PM
Hi Funny,
When were your respective I140s approved ? Were they with the same or different employer ?
Same employer, both of them were approved around mid 2007.
When were your respective I140s approved ? Were they with the same or different employer ?
Same employer, both of them were approved around mid 2007.
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for_gc
08-13 01:03 PM
Hi Funny,
When were your respective I140s approved ? Were they with the same or different employer ?
When were your respective I140s approved ? Were they with the same or different employer ?
more...
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syendu1
06-27 12:23 PM
My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?
I got my approval online but not yet received any notices!! This happened yesterday and my RD is Dec 2006. What is yours??
Did anyone else encounter this?
I got my approval online but not yet received any notices!! This happened yesterday and my RD is Dec 2006. What is yours??
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uma001
11-16 04:57 PM
Hi,
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
Is your green card filed under EB2 or EB3?
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
Is your green card filed under EB2 or EB3?
more...
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vinabath
07-02 03:01 PM
USCIS and DOS played ping pong on us.
USCIS played June Fool.
We are panned.
I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.
I planned to leave my company in 6 months. Now again I am struck.
I decided to marry a girl just because the dates are current. Now I am struck.
Oh USCIS(GOD)!!, Why did you do this me?
USCIS played June Fool.
We are panned.
I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.
I planned to leave my company in 6 months. Now again I am struck.
I decided to marry a girl just because the dates are current. Now I am struck.
Oh USCIS(GOD)!!, Why did you do this me?
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wandmaker
11-07 03:41 PM
Address Change Online: 24x7 & Calling USCIS : Mon - Fri
Can I do it over the weekend?
Thank you.
Can I do it over the weekend?
Thank you.
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nousername
11-11 07:05 PM
1. Logically HUD document should work but again we are talking about Indian government so not sure. Insurance document might not work and I'm almost certain about it.
2. Notarizing: If the website says "Photocopy of all supporting documents including Photo should be notarized and attached to the application" then yes..
Not sure where you live but if it is driving distance then I suggest you go there.. Leave early and park on the north side of the street (it is free).
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
2. Notarizing: If the website says "Photocopy of all supporting documents including Photo should be notarized and attached to the application" then yes..
Not sure where you live but if it is driving distance then I suggest you go there.. Leave early and park on the north side of the street (it is free).
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
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Asfandyar
08-22 06:10 PM
SKIL Bill--S-2611--Introduced to the House, May Raise H-1B, EB Quotas
The SKIL Bill has been introduced to the House of Represenatives by nine congressmen, all Republicans. (The acronym stands for "Securing Knowledge Innovation and Leadership.") If passed into law, S-2611 would raise the H-1B cap to 115,000 and the EB quota to 290,000. It would also exempt spouses and children from the quota, which would certainly eliminate the current 5-year backlog in the EB-3 category. Many agree that the SKIL Bill is important to the U.S. economy.
SKIL Bill: Who, What, Why?
The SKIL Bill would help programs bring well-educated foreign talent together with U.S. employers who say they are suffering a shortage of skilled workers.
Introduced by Representative John Shadegg (R-AZ), the SKIL Bill would reform the H-1B visa system as well as the employment- based (EB visa) green card process. Cosponsors include representatives John Campbell (R-CA), K. Michael Conaway (R-TX), John T. Doolittle (R-CA), Jeff Flake (R-AZ), Peter Hoekstra (R-MI), Michael McCaul (R-TX), Mike Pence (R-IN), John Shimkus (R-IL) and Todd Tiahrt (R-KS).
The United States has found itself in a state of lacking competitiveness due to the difficulties that foreign students and workers have encountered with the U.S. visa process. The SKIL Bill's introduction to the House sends a message that the Bush Administration and the U.S. Congress alike are addressing this issue and taking it seriously.
Some of the highlights of the SKIL Bill (Securing Knowledge Innovation and Leadership) include:
-EB and H-1B cap exemptions for foreign workers educated in the United States who have earned a graduate degree. U.S. educated foreign workers with master's or higher degrees.
-Making the H-1B process and cap more flexible, based on market needs, so that U.S. employers are not severely delayed from hiring essential foreign talent for months at a time.
-Extending optional post-graduate work (practical training) from 12 months to two years, so that these highly skilled, U.S.-educated foreign workers have a better chance of attaining green card status and using their talents in the States.
-Exempting spouses and children of EB green card applicants from the annual EB immigrant visa cap, which would free up these visas for the professionals themselves.
Reasons Behind the SKIL Bill
For more extensive details, see the entire text of the SKIL bill.
http://shusterman.com/pdf/skil506.pdf
The SKIL Bill has been introduced to the House of Represenatives by nine congressmen, all Republicans. (The acronym stands for "Securing Knowledge Innovation and Leadership.") If passed into law, S-2611 would raise the H-1B cap to 115,000 and the EB quota to 290,000. It would also exempt spouses and children from the quota, which would certainly eliminate the current 5-year backlog in the EB-3 category. Many agree that the SKIL Bill is important to the U.S. economy.
SKIL Bill: Who, What, Why?
The SKIL Bill would help programs bring well-educated foreign talent together with U.S. employers who say they are suffering a shortage of skilled workers.
Introduced by Representative John Shadegg (R-AZ), the SKIL Bill would reform the H-1B visa system as well as the employment- based (EB visa) green card process. Cosponsors include representatives John Campbell (R-CA), K. Michael Conaway (R-TX), John T. Doolittle (R-CA), Jeff Flake (R-AZ), Peter Hoekstra (R-MI), Michael McCaul (R-TX), Mike Pence (R-IN), John Shimkus (R-IL) and Todd Tiahrt (R-KS).
The United States has found itself in a state of lacking competitiveness due to the difficulties that foreign students and workers have encountered with the U.S. visa process. The SKIL Bill's introduction to the House sends a message that the Bush Administration and the U.S. Congress alike are addressing this issue and taking it seriously.
Some of the highlights of the SKIL Bill (Securing Knowledge Innovation and Leadership) include:
-EB and H-1B cap exemptions for foreign workers educated in the United States who have earned a graduate degree. U.S. educated foreign workers with master's or higher degrees.
-Making the H-1B process and cap more flexible, based on market needs, so that U.S. employers are not severely delayed from hiring essential foreign talent for months at a time.
-Extending optional post-graduate work (practical training) from 12 months to two years, so that these highly skilled, U.S.-educated foreign workers have a better chance of attaining green card status and using their talents in the States.
-Exempting spouses and children of EB green card applicants from the annual EB immigrant visa cap, which would free up these visas for the professionals themselves.
Reasons Behind the SKIL Bill
For more extensive details, see the entire text of the SKIL bill.
http://shusterman.com/pdf/skil506.pdf
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05-03 09:01 AM
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rockstart
06-15 12:42 PM
Most of the info you are asking is already available on IV Wiki. Please refer the relevant sections
Dear Friends,
Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
I have some questions
1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
3. Any guidelines in order to correct the information in my original certificate.
4. Any other vital information in this regard
Thanks you all.
Zimmyneuro
Dear Friends,
Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
I have some questions
1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
3. Any guidelines in order to correct the information in my original certificate.
4. Any other vital information in this regard
Thanks you all.
Zimmyneuro
