A reader came across my blog and sent me a question about birth certificate.  I got her permission to post follow-up between her lawyer and us and hopefully it will benefit other readers.  I will keep you posted for the outcome.

Question: “A month ago I gave my lawyer my birth certificate issued by the hospital (and it’s in English) where I was born, but today they told me that usually a certificate issued by the hospital is NOT accepted by USCIS. But from your website you wrote that people can either use the certificate from the hospital or from the government.  My mom is gonna try to get one translated and notarized ASAP since we need to get the whole thing filed by 8/17 (and might not be able to make it)”

My response: ” I do use a birth certificate issued by a Taiwan hospital and I got my 485 approved in 3 months. I have read a lot of discussion about birth certificate on immigration forums and those having trouble with birth certificate from hospital are all from India.  Apparently USCIS does not trust the rural healthcare system in India.  I have not seen or heard anyone from Taiwan having trouble with the certificate issued by either
government or a hospital.

Anyways, I think that even if your government one cannot be ready by 8/17 deadline, you can still file with the hospital one.  The worst case you will get a RFE (request for evidence) and you should be able to reply that pretty soon and move your case forward.”

Email from her lawyer: “It’s your call.  The issue has nothing to do with whether you are from Taiwan or India; I have had hospital birth certificates from other countries rejected.  USCIS wants an official record of birth issued by a government agency.  Ultimately, however, whether a document is accepted depends on the particular examiner looking at the case.  So it is always possible that, even though a document does not exactly satisfy the requirement, it will still get accepted.  The examiner might make a mistake, might decide that the document is good enough, etc.  As I said in my previous e-mail, it is likely that, if we use the hospital document, all that will happen is that a request for evidence will be issued.  That would occur several months in the future.”
 

I recently start to refresh my C++ programming skill because I am going to switch team. To practice, I wrote a simple program to compute the price of European Call and Put price using Black-Scholes formula. Surprisingly it took me less time to write this program then to setup VS2005

BS.h

class BS
{
public:
BS(void);
public:
~BS(void);
public:
double BS_Std_Call(double spot, double strike, double time, double interestrate, double rho);
double BS_Std_Put(double spot, double strike, double time, double interestrate, double rho);
};

BS.Cpp

#include “BS.h”
#include “math.h”
#include “normDist.h”
#include < iostream >
using namespace std;
BS::BS(void) { }
BS::~BS(void) { }
double BS::BS_Std_Call(double spot, double strike, double time, double interestrate, double rho)
{
double result = 0;
double d1 = (log(spot/strike) + interestrate + rho*rho/2)/(rho* sqrt(time));
double d2 = d1 - (rho* sqrt(time));
result = spot * normDist::ncd(d1) - strike*exp(interestrate*time*-1)*normDist::ncd(d2);
return result;
}
double BS::BS_Std_Put(double spot, double strike, double time, double interestrate, double rho)
{
double result = 0;
double d1 = (log(spot/strike) + interestrate + rho*rho/2)/(rho* sqrt(time));
double d2 = d1 - (rho* sqrt(time));
result = strike*exp(interestrate*time*-1)*normDist::ncd(-d2) - spot * normDist::ncd(-d1);
return result;
}
void main() {
BS *pbs = new BS();
cout << "enter spot, strike, time (year), interest rate, variance" << endl;
double a,b,c,d,e;
cin >> a >> b >> c >> d >> e;
cout << "Call option price: " << pbs->BS_Std_Call(a, b, c, d, e) << endl;
cout << "Put option price: " << pbs->BS_Std_Put(e, b, c, d, e) << endl;
delete (pbs);
}

normDist.h 

class normDist
{
public:
normDist(void);
virtual ~normDist(void);

//return normal distrbution density function
static double ndf (double t);

//standard normal cumulative distribution function
static double ncd(double x);
};

normDist.cpp

//This class is adopted from the following website:
//http://www.mathfinance.de/ 

#include “normDist.h”
#include “math.h”
normDist::normDist(void) { }
normDist::~normDist(void) { }
double normDist::ndf(double t)
{
return 0.398942280401433 * exp (-t*t/2);
}
double normDist::ncd(double x)
{
double result;
if (x<-7.) result = ndf(x)/sqrt(1.+x*x);
else if (x>7.) result = 1. - ncd(-x);
else
{
result = 0.2316419;
static double a[5] = {0.31938153,-0.356563782,1.781477937,-1.821255978,1.330274429};
result=1./(1+result*fabs(x));
result=1-ndf(x)*(result*(a[0]+result*(a[1]+result*(a[2]+result*(a[3]+result*a[4])))));
if (x<=0.) result=1.-result;
}
return result;
}

I finally finished migrating my site from Blogger to Wordpress.  Wordpress has better UI and several awesome features, including much needed Categories.  I have tried several workaround for Categories in Blogger, but none satisfied me.  Hope everyone enjoy the new site!

On an exhausting Monday afternoon, after 4 meetings I finally had chance to open my hotmail inbox at 7pm, May 22nd, 2006. I got an email from USCIS:

——————- Application Type: I485 , Application to Register Permanent Residence or to Adjust Status Current Status: This case has been approved. On May 22, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours. ——————-

The thrill ran down my spine and “Holy c**p,” I said, “this is not possible.” After all, I just submitted my Labor certificate on Dec 22, 2005, merely 5 months ago. Couple of days later, I received the physical card in mail. It is official now.

Q: I did not turn in my I-94 when I left the U.S., what should I do?

A: In short, you should sent your I-94 along with any documentation that proves you left the U.S. to ACS Inc.1084 South Laurel Rd.London Kentucky 40744 Documentation to prove your departure can include the boarding pass from your flight and copy of your passport stamp when you enter your home or another country. You should bring copies of those documents with you when you enter US next time. For more information, please refer to U.S. Customs and Border Protection FAQ Here.

(modified on 09/07/2006) 

Phase 1: Labor certificate From your former employer:

#Certificate of severance
#Employment verification letter – It should mention your skills learned in the job related to the job that you apply for Labor certification. Please consult your immigration lawyer before you send it to your former employer for signature.

Phase 2: I-140: For I-140 we do not need anything from Taiwan.

Phase 3: I-485 or Consular process

If you go for I-485, you need:

# Birth certificate – you can get it either from the hospital you were born, or from local government (household registration office). If that is in Chinese, you need to get it translated and notarized. You need to submit both Chinese and English version. You only need to submit photo copies.
#Marriage certificate – as birth certificate, you need either an official English version, or a Chinese version plus notarized English translation.
# Immunization record – This is not mandatory but it can save you some money (you need to take medical exam for I-485, and if you do not have pervious immunization record you need to take shots.

If you go for consular process:

In addition to things you need for I-485, since you are going to have an interview in AIT, there are some extra things you need:
# you need to take medical exam in Taiwan
# you need to get the criminal record from Taiwan police department
# you need to get military record if you are male.

• 05/22/2006: Both I-140 and I-485 approved at the same day
• 04/25/2006 AP approved
• 04/14/2006: EAD approved
• 03/15/2006: Code 3 Biometrics (finger printing & picture)
• 02/14/2006: ND (notification date) of I-140 and I-485
• 02/08/2006: I-140 and I-485 filed concurrenly
• 1/13/2006: My lawyer received certified Labor Certificate. Now I have to choose between Consular Process and Adjust of Status.
• 1/12/2006: My HR informed me that he got a letter saying the certified copy was sent.
• 12/23/2005: PERM filed!!
• 12/9/2005: Finalized PERM filing
• 11/7/2005: Draft PERM filing (ETA Form 9089) 10/2005: Pushed my filing category from EB-3 to EB-2
• 8/2005: Our in-house lawyer moved to an outside law firm.
• 07/30: The company started posting ADs. 12/22/2004: Submit finalized documents and employment verification letter to the lawyer.
• 11/17/2004: Submit draft documents to our in-house lawyer.

Modified on 12/1/05

After discuss with my friend I think it is not appropriate to disclose how much did Lawyer charge in actual case. I just list the filing fees here:

• $190 base Filing Fee for H1b (I-129)
• $1,500 (>25 employees) or $750 (<= 25 employees) American Competitiveness and Workforce Improvement Act (ACWIA) fee. For a Non-profit employer, this fee is waived.
• $500 Fraud Prevention and Detection Fee
• $1,000 Premium processing (optional).

You can do it by yourself (I have a friend did that and got his H1b) or find a immigration lawyer. Lawyers usually charge a flat fee. A cheaper alternative might be looking for immigration lawyer from internet. A site claims that it charges $695 for new H1b filing. I will discuss how much does it cost to file Employment-based Green card next time.

Update: Starting from 2002, if the visa number is current, one can file I-140 (stage 2) and I-485 (stage 3) at the same time, which is called concurrent filing. This will greatly decrease the over length of GC processing. Also, USCIS is working on fasten the processing speed of I-485. What I hear from my lawyer is that right now it takes about 1 to 1.5 years.

I guess one of the most frequented asked question about employment-based green card is: How long will it take? Simply put, it depends. Here is an overview of process flow and average process time:

• Stage 1: Labor Certificate (LC)

What is it – Employer needs to get a permanent labor certification issued by the Department of Labor (DOL) to hire us h1bees to work permanently in the US.

How long will it take: 2 days to 6 months. Before 3/28/2005, the length of this stage is the most unpredictable one. Now under the new process (PERM), the timeframe is shorter and more predictable. Even if you get rejected, you can simply file again using slightly different terms. Who does not need it: People who file GC under EB-1 or EB-2 with National Interest Waiver (NIW) do not need LC.

• Stage 2: Form I-140, Immigrant Petition for Alien Worker

What is it – Employer has to file I-140 on behalf of us H1bees to petition to become a permanent resident in the US.

How long will it take: average 11 months. (Modified on 09/07/2006: Currently what I heard about I-140 processing time is about 6 months.  Also USCIS starts premium processing of I-140 for EB-3 on Aug 28, 2006). Generally speaking, if there is no visa retrogression (see stage 3), one can file I-140 and I-485 (stage 3) concurrently and further shorten the process time.

• Stage 3: Form I-485, Application to Register Permanent Residence or Adjust Status

What is it – We h1bees file I-485 to adjust our non-immigrant status (H1b, L-1, etc) to Lawful Permanent Resident.

How long will it take: average 23 months (without retrogression). (Modified on 09/07/2006: Currently the I-485 processing time is much shorter.  I myself get it in 3 months.  From most sources I heard now it is between 6 months to 1 year, if you do not get stuck in name check or Request of Further Evidence (RFE)) At this stage we can apply EAD/Advanced Parole thus eliminate the need of H1b. Also, after filing I-485 for 180 days, we can switch to another employer if you are going to do the same kind of job.

• What is visa retrogression?

In short, U.S. gives 140,000 visa numbers to employment based green card applicants. And, each country (depends on you Place of Birth – not your nationality) cannot use more than 7%. Therefore, people born in some countries like China or India have to wait before they can file I-485. When they can file it depends on their Priority Date (PD) – the date they applied for Labor Certificate. You can find these cut-off dates in the most recent Visa Bulletin in Department of State or Murthy.com. “C” means “current” and one can file I-485 no matter when did he file LC. Note: Taiwan does NOT count as china. Therefore, as of dec 05′, Taiwanese only has retrogression in EB-3 Category and the cut-off date is 15 MAR 01. We will get into details of different stages in later series. Related blog: Willie’s Green Card for Dummies (1) - EB? What is EB? –Employment-Based Green Card Category

Ok, first off, green card is not green. A Lawful Permanent Resident (LPR) alien living in the United States may carry a card that is not green, but refers to it as a “green card (GC)”. There was one time that the card was actually green, but the color and pattern changes from time to time for security reason. Here is a picture of the plastic card: For us H1bees, the most direct way to get LPR status is through Employment-Based (EB) GC. Other ways are Family-based GC, GC Lottery, etc. Each year the United States issues 140,000 visa numbers for employment-based GC. In short, there are Five (5) categories of Employment-Based Green Card:

EB-1: Employment Based First Preference Extraordinary Ability, Outstanding Professor or Researcher, Multinational Executive or Manager: In short, most likely you need to be a scholar, Noble Prize winner, PGA Championship, VP in Microsoft, or something like that to qualify this category. Getting a Phd and then working as a professor probably is the easiest way. The good thing about EB-1 category is that you do not need a Labor Certificate (LC)—which takes extra time.

EB-2: Employment Based Second Preference – “For “members of the professions holding advanced degrees,” and “aliens of exceptional ability.”: In short, you need at least a Master degree, or in some cases Bachelor’s degree plus 5 years of relevant experience. My case is going to be filed under this category on December, 2005 (hope so).

EB-3: Employment Based Third Preference – This is probably the category most people applied. Professionals: Applicants must demonstrate the accomplishment of at least a U.S. or aboard baccalaureate degree to be classified as “professional” for the third-preference category. Qualifying jobs for EB-2 are similar to the specialty occupation for H-1B. Skilled Workers/Other Workers: We H1bess do not care about this category. By the way, there is a special EB-3 category for nurse and physical therapist (and there is no retrogression now!! – I will get into GC retrogression in later series.)

EB-4: Employment Based Fourth PreferenceFor “special immigrants” - including religious ministers, certain long-time employees of the U.S. government etc.

EB-5: Employment-Based Fifth Preference (EB5)For those who invest one million dollars in a new enterprise – If you are that rich, you are probably not on h1b now:). Most H1bess, especially high-tech workers, go for EB-2 or EB-3. Please notice that which category you are going to file depends on job itself, not your credentials. For example, if you have a Phd but your Job description requires only a BS with 1 yr experience, then you have to file under EB-3. We will get into the process/stages of applying Green Card in next blog. A good website to get latest immigration is Murthy.com.