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11-10 03:40 AM
AILA provided a very important update from the State Department, we wish to share with our readers.
The Department of State has issued comprehensive new policy guidance on the use of DNA testing in the visa application process. This new guidance is set forth in a new set of extensive Notes to 9 FAM 42.44.
In this new guidance, the State Department declares DNA technology to be the only acceptable non-documentary method for proving a biological relationship. The preferred specimen collection technique for DNA testing is by buccal (cheek or mouth cavity) swab.
According to the Department, DNA testing is expensive, complex and time consuming and thus should be recommended only if no other credible proof of the claimed relationship exists. Consular officers should treat DNA testing as a last resort: all other possible methods for confirming the existence of a biological relationship must be exhausted before recommending this course of action. Even then, DNA testing may only be recommended, but never required by the consular officer.
Consular officers may recommend DNA testing solely to prove a relationship; they may never recommend DNA testing in an attempt to disprove a relationship. Only DNA test results reporting a 99.5 percent or greater degree of certainty as proof of a biological relationship between a parent and child may be accepted in visa cases.
The Department clarifies that consular officers adjudicating Form I-130 Alien Relative petitions (http://www.h1b.biz/lawyer-attorney-1132137.html)are not authorized to approve the petition if DNA test results are the sole evidence of the claimed biological relationship. Such cases are not "clearly approvable" per the provisions of 9 FAM 42.41 N4.2-3; accordingly, they must be forwarded to USCIS for adjudication. Parenthetically, USCIS is authorized to approve I-130 petitions supported solely on DNA testing.
More... (http://www.visalawyerblog.com/2009/11/i130_alien_relative_petitions.html)
The Department of State has issued comprehensive new policy guidance on the use of DNA testing in the visa application process. This new guidance is set forth in a new set of extensive Notes to 9 FAM 42.44.
In this new guidance, the State Department declares DNA technology to be the only acceptable non-documentary method for proving a biological relationship. The preferred specimen collection technique for DNA testing is by buccal (cheek or mouth cavity) swab.
According to the Department, DNA testing is expensive, complex and time consuming and thus should be recommended only if no other credible proof of the claimed relationship exists. Consular officers should treat DNA testing as a last resort: all other possible methods for confirming the existence of a biological relationship must be exhausted before recommending this course of action. Even then, DNA testing may only be recommended, but never required by the consular officer.
Consular officers may recommend DNA testing solely to prove a relationship; they may never recommend DNA testing in an attempt to disprove a relationship. Only DNA test results reporting a 99.5 percent or greater degree of certainty as proof of a biological relationship between a parent and child may be accepted in visa cases.
The Department clarifies that consular officers adjudicating Form I-130 Alien Relative petitions (http://www.h1b.biz/lawyer-attorney-1132137.html)are not authorized to approve the petition if DNA test results are the sole evidence of the claimed biological relationship. Such cases are not "clearly approvable" per the provisions of 9 FAM 42.41 N4.2-3; accordingly, they must be forwarded to USCIS for adjudication. Parenthetically, USCIS is authorized to approve I-130 petitions supported solely on DNA testing.
More... (http://www.visalawyerblog.com/2009/11/i130_alien_relative_petitions.html)
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ski_dude12
04-15 12:47 AM
You need to bring more clarity in your questions. Has your GC been approved and you are waiting for it to arrive in mail? or it is still pending approval. You do not need any visa to leave US. You will need it to get back in.
Be more clear in your questions and someone will reply.
Be more clear in your questions and someone will reply.
munch_042
04-15 08:11 AM
Are there instances where the processing time before interview will exceed to more than 3 mos? Is it also true that during the embassy interview, you are currently working? I am a nurse and my agency told me that I should still be practicing as a nurse during the time my packet 4 comes.
I'm really having some problems because I am intending to go to Ireland by June. But now here comes the Mar 1, 06 PD. What if it would take me again another year to wait for my US visa. I am really sick of waiting.
I'm really having some problems because I am intending to go to Ireland by June. But now here comes the Mar 1, 06 PD. What if it would take me again another year to wait for my US visa. I am really sick of waiting.
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Bodran
08-11 01:00 PM
my attorney asked me to sign
Are you 16 or under? Were you applying with your parents?
Are you 16 or under? Were you applying with your parents?
more...
LookingForGC
12-17 12:46 PM
Interesting... let us see what they are going to say.
ajaygc
09-24 07:06 PM
Hi Sunofeast
when we go for finger printing will they ask for the A#. If so, do we need to provide the one with the 0 that is on the FP notice or the one with out the 0 (this is on the 485 receipt)
-Ajaygc
when we go for finger printing will they ask for the A#. If so, do we need to provide the one with the 0 that is on the FP notice or the one with out the 0 (this is on the 485 receipt)
-Ajaygc
more...
marco
08-20 08:25 PM
Do you have seperate last names?
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pointlesswait
07-23 02:40 PM
hello..
My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)
Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?
Is it illegal to stay on expired i-94..but witha valid H1?????????
what are my options..
cheers
My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)
Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?
Is it illegal to stay on expired i-94..but witha valid H1?????????
what are my options..
cheers
more...
GetGC08
09-17 12:51 PM
Hello,
I got RFE on I-140 for EB2 India.
Following are the details of RFE.
Item 1.) provide list of receipt numbers of all petitions filled by company in 2007.
Item 2.) Provide proffered wage of each beneficiary & evidence of any wages paid to those beneficiaries.
Item 3.) My W2 for 2007.
Item 4.) Provide evidence of companies ability to pay(A2P) each beneficiaryincluding those who have already been approved. Such evidence must include companies federal tax return, audited financial statements or annual reports.
Item 5.) degree evaluation. (I am holding masters in computer science degree from India. Total 6 years of education after school. 12 + 3 years BS in Computers + 3 Years MCA = 18)
Following are the Labor(PERM) details:
1. labor has been approved.
2. Mentioned Masters degree required in computer science.
3. Foreign degree is acceptable.
4. 18 months of experience required.(I already have 18 months of experience when I filled labor)
5. Alternate is not acceptable e.g. BS + 5 years.
Following will be submitted.
1. I submitted my 2007 W2 with latest paystub which includes year to date details.(for Item# 3)
2. Degree evaluation.(for Item# 5)
3. I am going to provide companies federal tax return & audited financial statements for RFE item numbers 1,2 & 4(As mentied above)
My question, is it sufficient to provide companies federal tax return & audited financial statements for RFE item number 1,2 & 4(As mentioned above) ?
Company details:
Morethan 120 employees & $24 million turn over in 2007.
How serious this RFE is?
I will really appreciate your response.
Thanks.
I got RFE on I-140 for EB2 India.
Following are the details of RFE.
Item 1.) provide list of receipt numbers of all petitions filled by company in 2007.
Item 2.) Provide proffered wage of each beneficiary & evidence of any wages paid to those beneficiaries.
Item 3.) My W2 for 2007.
Item 4.) Provide evidence of companies ability to pay(A2P) each beneficiaryincluding those who have already been approved. Such evidence must include companies federal tax return, audited financial statements or annual reports.
Item 5.) degree evaluation. (I am holding masters in computer science degree from India. Total 6 years of education after school. 12 + 3 years BS in Computers + 3 Years MCA = 18)
Following are the Labor(PERM) details:
1. labor has been approved.
2. Mentioned Masters degree required in computer science.
3. Foreign degree is acceptable.
4. 18 months of experience required.(I already have 18 months of experience when I filled labor)
5. Alternate is not acceptable e.g. BS + 5 years.
Following will be submitted.
1. I submitted my 2007 W2 with latest paystub which includes year to date details.(for Item# 3)
2. Degree evaluation.(for Item# 5)
3. I am going to provide companies federal tax return & audited financial statements for RFE item numbers 1,2 & 4(As mentied above)
My question, is it sufficient to provide companies federal tax return & audited financial statements for RFE item number 1,2 & 4(As mentioned above) ?
Company details:
Morethan 120 employees & $24 million turn over in 2007.
How serious this RFE is?
I will really appreciate your response.
Thanks.
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sgorla
06-21 03:19 PM
My attorney sent me G-325A to fill up. It has 4 similar pages, where you need to enter your information. Now, my question is do I need to fill out all four pages with my information, and then fill out another 4 pages with my wife's info?
Please advise me if anyone has filled out thi s form.
Thanks!
Please advise me if anyone has filled out thi s form.
Thanks!
more...
fatboysam
09-04 08:09 PM
I am in US on h1b through change of status from l1b , i am going to India on vacations , so will have to stamp my h1b visa.
I was going through form DS160, i have some questions
1. . US point of contact information ? can i give contact of my friend or it has to be someone in my company ?
2. Monhtly salary in Local currency ? do i have to convert my current US monthly salary to Rupees ?
Thanks
I was going through form DS160, i have some questions
1. . US point of contact information ? can i give contact of my friend or it has to be someone in my company ?
2. Monhtly salary in Local currency ? do i have to convert my current US monthly salary to Rupees ?
Thanks
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sounakc
03-22 09:41 AM
thanks guys...
more...
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rajs
11-04 10:55 AM
yes was stuck in NC it got cleared 01/2008
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fasterthanlight�
04-10 01:45 PM
Holy ancient thread batman!
more...
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vaishnavilakshmi
06-20 02:02 AM
Hi,
category-eb3
pd-march2002
i-140-applied on 1st june 2007
i-140 reciept???waiting
IS anyone who has substituted labor(pd2002) and applied for i-140 and recieved the reciepts or approvals for i-140???Please update ur status here..
cheers,
vaishu
category-eb3
pd-march2002
i-140-applied on 1st june 2007
i-140 reciept???waiting
IS anyone who has substituted labor(pd2002) and applied for i-140 and recieved the reciepts or approvals for i-140???Please update ur status here..
cheers,
vaishu
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jcrajput
05-11 09:16 AM
My I-485 is pending and priority date is OCT 2006. We have EAD which expires in DEC 2010. I also have H1B visa which expires on JUN 2010 (After 3 years of extension after I-140 approval.) My question is:
1. Is it worth having H1B visa extended just in-case? Will extending H1B visa cause any problems with pending I-485?
I appriciate yr help.
Thanks
Jig.
1. Is it worth having H1B visa extended just in-case? Will extending H1B visa cause any problems with pending I-485?
I appriciate yr help.
Thanks
Jig.
more...
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arnet
11-21 03:09 PM
thanks
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elaiyam
07-16 02:05 PM
Does anyone know what the following status means for I-140:
Current Status: Document mailed to applicant.
On July 16, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Is this GOOD or BAD?
Does anyone have experiance with similar status change?
Current Status: Document mailed to applicant.
On July 16, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Is this GOOD or BAD?
Does anyone have experiance with similar status change?
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pointlesswait
09-30 02:05 AM
;-)
Since USCIS is done with all I-485 cases, should they not allow filing of I-485 when PD is not current? Or at least they should allow filing I-485 for the people who's I-140 is approved and PD is not current.
Should IV core take this up as next high priority admin fix item with USCIS?
Since USCIS is done with all I-485 cases, should they not allow filing of I-485 when PD is not current? Or at least they should allow filing I-485 for the people who's I-140 is approved and PD is not current.
Should IV core take this up as next high priority admin fix item with USCIS?
Mahatma
06-19 01:40 PM
Dear IVians,
Do I need to send my original passport for PIO application?
I am not comfortable sending out my passport. Hence, I wanted to double-check.
Your response is appreciated.
Do I need to send my original passport for PIO application?
I am not comfortable sending out my passport. Hence, I wanted to double-check.
Your response is appreciated.
gc_chahiye
06-14 09:47 AM
---I'm only talking in regards to FY-2007 in light of current development.---
Now that everything is current there would not be any need to per country quota. CORRECT?
Or since EB3 other is not current ("U") they cannot use AC21?
they have hinted retrogression in Sept for China, India, etc
Now if there is no per country quota, how can they retrogress EB for China, India, or any other country unless EB3 ROW is not current?
So unless they retrogress ROW, logically they should not retrogress at least EB2 for India, China and other countries
correct. Which means, come September EB3-ROW is also going to get retrogressed. probably to where it is now.
Now that everything is current there would not be any need to per country quota. CORRECT?
Or since EB3 other is not current ("U") they cannot use AC21?
they have hinted retrogression in Sept for China, India, etc
Now if there is no per country quota, how can they retrogress EB for China, India, or any other country unless EB3 ROW is not current?
So unless they retrogress ROW, logically they should not retrogress at least EB2 for India, China and other countries
correct. Which means, come September EB3-ROW is also going to get retrogressed. probably to where it is now.
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