2013 RFE Frenzy

[indiani]

Fragomen lawyers apparently confirmed again that the dates will reach feb 2008 for sure in august, everyone can start making plans and be ready for any potential RFE.

I think my GC will be issed in just 1st week of august and will be a Free man.

I will start my own business in few weeks and will be ready to employ people.

Once I have my GC , I will spend almost my entire free time to lobby for CIR, I know Rubio ( personally met him once ) and will almost meet my local rep who is opponent for amnesty and can be persuaded.

I took care of his relative in hospital and he thanked me for it .

By the way if you meet rubio you will like him more , very pragmatic and decent man.

I urge all floridians try meeting rubio's office and go there and try to make a case.

[gclabor07]

Q, Spec, Matt, Indiani and Others:

Thanks for all you do to bring clarity to the visa date movements.

I've a minor situation and need to get advice from experts. My priority date is July 2007. I applied for I-485 in November 2011. I received RFE requesting my birth certificate in December 2012, which I promptly provided. Not sure why they have asked because I provided it the first time around. But, I resent anyway; the officer may not have seen it in the original bunch.

The case status since December says RFE Response Review. Nothing has changed since then. Is this pretty normal for RFE cases? Does this mean that my application is not yet pre-adjudicated?

I've been sitting tight as the dates so far have been retrogressed. I thought not to call USCIS because I've seen in various forums depending on the CSR, they simply create a SR, which then simply gets answered as dates are not yet current. In short, I didn't want my application to get bumped down in the queue because of the SR or some internal process. It could also result in getting some visibility conversely. I just don't know if I should try to find out now or wait until dates become current and then try all avenues of L2 officer, Infopass, congressman etc. It is a dilemma.

Any advice based on your experience?

[Kanmani]

Q, Spec, Matt, Indiani and Others:

Thanks for all you do to bring clarity to the visa date movements.

I've a minor situation and need to get advice from experts. My priority date is July 2007. I applied for I-485 in November 2011. I received RFE requesting my birth certificate in December 2012, which I promptly provided. Not sure why they have asked because I provided it the first time around. But, I resent anyway; the officer may not have seen it in the original bunch.

The case status since December says RFE Response Review. Nothing has changed since then. Is this pretty normal for RFE cases? Does this mean that my application is not yet pre-adjudicated?

I've been sitting tight as the dates so far have been retrogressed. I thought not to call USCIS because I've seen in various forums depending on the CSR, they simply create a SR, which then simply gets answered as dates are not yet current. In short, I didn't want my application to get bumped down in the queue because of the SR or some internal process. It could also result in getting some visibility conversely. I just don't know if I should try to find out now or wait until dates become current and then try all avenues of L2 officer, Infopass, congressman etc. It is a dilemma.

Any advice based on your experience?

'RFE response review' status is very much normal to pending cases, I have a similar case status message with an SR reply too.

Once your dates are current, check trackitt for the approval of similar cases as yours with same receipt date etc, if you find your case is still pending, at that time try with the congressman route.

[Eb2_Dec07]

Folks , my EB2 - I ; Dec 4th 2007 PD ; 485 filed in Dec 2011 and got RFE in March 2012 , responded and the status changed to " RFE Response review " , since it has been over 15 months , is it safe to assume the case is adjudicated , I called the service center thrice and was only told that once the RFE response is received it will go for adjudication , but no mention whether it indeed is adjudicated .

If it becomes current in the next bulletin , how long does it take to get picked for applying the Visa # to the A# . Anyone has seen any cases like this .

[indiani]

Folks , my EB2 - I ; Dec 4th 2007 PD ; 485 filed in Dec 2011 and got RFE in March 2012 , responded and the status changed to " RFE Response review " , since it has been over 15 months , is it safe to assume the case is adjudicated , I called the service center thrice and was only told that once the RFE response is received it will go for adjudication , but no mention whether it indeed is adjudicated .

If it becomes current in the next bulletin , how long does it take to get picked for applying the Visa # to the A# . Anyone has seen any cases like this .

If there was problem with RFE you would have been denied by now. ( Denial doen't require dates to be current, however approval does )

The online status is not always reliable.

Mine is still in RFE state , you are atleast lucky that they changed to response review.

when I raised SR they said that as dates aren't current the case cannot be processed further.

i am also wondering when will my case gets picked up once date are current but no precise law regarding it and simple answer no one exactly can say

[Eb2_Dec07]

LOl..almost everyone hope atleast their dates are covered,

not to discourage you but if you read murthy's flashing news Feb 2008 is "Best case scenario" .

Just sit tight and wait, my gut feeling is you will be current as CO never gives a date thats is unrealistic as he knows that the worst thing he can do.

I know, I've been personally keeping myself detached for a longtime not to get caught in the web of mystery. As the year end draws closer and talk of SO and official predictions come in , naturally excitement and nervousness set in . Regarding my understanding of RFE , I believe once an RFE response is received they do take the file out and bring up and advance it in the que . I hope it is a goodthing that the RFE is received and therefore the visibility reigns.

[ragx08]

Whether or not you pick a different lawyer depends on two things - who is paying for the lawyer and your experience with the current lawyers. Keep that in mind.

Very true! Just make sure you are dealing with a good lawyer. Personally I would not hesitate to pay from my pocket to hire a good one - if the employer provided lawyer is not good enough. Given the current situation, it makes a hell of a difference; An RFE (due to bad filing) could easily put you back by 2-3years!!!

[gclabor07]

@Kanmani Thanks for your reply. I'll wait until the dates become current.


'RFE response review' status is very much normal to pending cases, I have a similar case status message with an SR reply too.

Once your dates are current, check trackitt for the approval of similar cases as yours with same receipt date etc, if you find your case is still pending, at that time try with the congressman route.

[dec2007]

Q,
Even if SO can be applied quarterly to EB2 categories, It is not possible to calculate for DHS/USCIS right away and then apply in first 2 quarters. As we have seen it depends on so many variables (not talking about porting) to exactly calculate SO.
eg FB visas only become available in the 5th month of FY 13. It is not wisely to give SO in first 2 quarters and run empty handed in last quarter like CO did in 2012 for EB2-ROW.

just thought will let u know all, i received 2nd rfe today on my 1-485, do not know the reason yet. waiting for official package.
first rfe was back in may 2012. read my footnotes for details.

so it is confirmed they are working on applications with PD dec 2007.

[SmileBaba]

Okey, lets get back to the topic.
Guru's could you pls let me know when FEB2008(Or NOV2007) will become COD, is that in next bulletin? or in SeptVB? I need to plan myself to bring in my spouse when dates are current. I want to bring in if am sure dates are current next month otherwise I can plan to bring in Aug month.
Although what you are trying to do is legal, but expect to get RFE on your or your wife's 485 to prove "Bonafide Marriage". You might want to have her name included in your bank records and your residential lease etc. A joint income tax filing will also come handy.

[SmileBaba]

just thought will let u know all, i received 2nd rfe today on my 1-485, do not know the reason yet. waiting for official package.
first rfe was back in may 2012. read my footnotes for details.

so it is confirmed they are working on applications with PD dec 2007.
Please share 2nd rfe details when you get it. Hopefully it will be something minor. It's a good sign though..

Can you please elaborate on your 1st rfe?

[dec2007]

Please share 2nd rfe details when you get it. Hopefully it will be something minor. It's a good sign though..

Can you please elaborate on your 1st rfe?
Theyasked for proof of continuous employment after my oversease trip. I gave 797 approval.
Im assuming 2nd rfe is similar to 1st, may be Proof of employment since my first rfe.

Will post once i receive it.

[Spectator]

A couple of things that might be noteworthy (or not).

a) Several EB2-I applicants with 2007 PD are receiving RFE today. Edit:- Some with 2008 PD as well now.

Some have previously received RFE, so I am going to guess the new RFE is for EVL. A lot of people (generally) seem to have used AC21 portability after 180 days, so it makes some kind of sense to check that applicants are still working in a job that meets the requirements.

At least USCIS are raising the RFE now so, when the dates become Current, they can be approved immediately.

b) A couple of new application EB3-ROW have been approved. One had an April RD and the other a May RD. I suspect they may be outliers, but it seems USCIS are working quite fast on these applications. It increases the chance that sufficient can probably be approved to use all the visas available to EB3-ROW and lessens the chance of any Fall Across to EB3-I.

[gclabor07]

Yes, I can confirm that me and my wife both have received RFE emails. Priority date: July 2007. I have received RFE requesting birth certificate in December, which I replied to and was in RFE Review Status until this morning. I'm still with the same employer.


A couple of things that might be noteworthy (or not).

a) Several EB2-I applicants with 2007 PD are receiving RFE today. Edit:- Some with 2008 PD as well now.

Some have previously received RFE, so I am going to guess the new RFE is for EVL. A lot of people (generally) seem to have used AC21 portability after 180 days, so it makes some kind of sense to check that applicants are still working in a job that meets the requirements.

At least USCIS are raising the RFE now so, when the dates become Current, they can be approved immediately.

b) A couple of new application EB3-ROW have been approved. One had an April RD and the other a May RD. I suspect they may be outliers, but it seems USCIS are working quite fast on these applications. It increases the chance that sufficient can probably be approved to use all the visas available to EB3-ROW and lessens the chance of any Fall Across to EB3-I.

[kumar19]

my PD : 07/31/2007 EB2I. I and my wife both received RFE emails this morning. Called USCIS to know whats the RFE for.. but they said simply wait until I receive mail.

[Kanmani]

Trackitt update: One June 2008 PD has received RFE today

[GCKnowHow]

my PD : 07/31/2007 EB2I. I and my wife both received RFE emails this morning. Called USCIS to know whats the RFE for.. but they said simply wait until I receive mail.

Looks like USCIS is getting ready for a busy August.

[pseudonym]

My PD is March 2008 (EB2I) and my case status on the USCIS website states that an RFE was mailed out to me today. No other details on what the RFE is about.

Question to the experts: does an RFE mean that they expect this PD to become current? Or are they sending mass RFEs out just in case, even though they might not become current?

[Stemcell]

Got a RFE today for me and my spouse. PD October 2007.
RFE mailed date 6/14/13.

Although have not posted here in a long time, still actively following the forum.....Any idea what the RFE's are all about?

[indiani]

Got a RFE today for me and my spouse. PD October 2007.
RFE mailed date 6/14/13.

Although have not posted here in a long time, still actively following the forum.....Any idea what the RFE's are all about?

my PD nov 2007, my case status changed to RFE issued today.

I check on trackitt and almost everyone who have pending 485 with PD around this time is getting RFE.

Literally anywhere from several hundreds to perhaps majority of applicants with PD aournd that time got RFE.

1. It could be a system glitch, in that case it should change to someother status soon.

2. They might have just decided to update EVL's or something of that sort as its very unlikely they just must have found something wrong with almost everyone's birth certificate etc.

3. I am yet to find someone who has PD around the period of Dec 2007 and hasn't had the RFE status online just change today

[Teja9999]

didn't recieve a mail/text however my online status says sent an email


Category: EB2 India
Priority Date: Dec 2007
Filing Date: Jan 2011
First time RFE: Yes
RFEs for Pri/Sec Applicants: Yes
Service Center: Texas

[indiani]

same here, no email/text, I logged in after I saw everyone's status change I checked mine and realised that mine changed too.

what are the odds that uscis somehow decided to issue RFE for several thousand people ( atleast that seems to the high end ).

my suspicion and hope is it is a system glitch.

Please see if anyone out there who could check their online status and have anything other than RFE mailed on june 14th.

[honesdirec]

Got an RFE email this morning. Our priority date is July 2007. Did anyone getting the RFE's get the letter.

[honesdirec]

We also called the phone number and the service representative conformed that RFE was issued we should receive a letter within 15 days with details about the RFE. He could not tell what the RFE was about.

[indiani]

[QUOTE= Did anyone getting the RFE's get the letter.[/QUOTE]

Sorry, can you re-phrase it, I cannot understand what you wanted to ask.

please go through all previous posts and you will see literally everyone has got the same status online

service representative willl just read what you already can see online , L2 officer might be bit more useful

[druvraj]

Got a RFE today for me and my spouse. PD October 2007.
RFE mailed date 6/14/13.

Although have not posted here in a long time, still actively following the forum.....Any idea what the RFE's are all about?

Same here I have a PD of Feb 2008 and USCIS case status says that my wife and I have a RFE. Does anyone know what it is regarding. I guess who so ever it gets the mail first should report although I agree that every case is different.

[bieber]

There was a post regarding some user in trackitt with July 2008 PD who received RFE last week. Kanmani/Spec do you guys know anything about that?

[indiani]

Same here I have a PD of Feb 2008 and USCIS case status says that my wife and I have a RFE. Does anyone know what it is regarding. I guess who so ever it gets the mail first should report although I agree that every case is different.

I have never seen anytime before that everyone (literally thousands ) being sent an RFE on exactly the same day, somehow I am only the one that thinks that it "COULD" be a system glitch and everyone else is eagerly waiting for the letter to be mailed.

[yank]

Same here I have a PD of Feb 2008 and USCIS case status says that my wife and I have a RFE. Does anyone know what it is regarding. I guess who so ever it gets the mail first should report although I agree that every case is different.

Please post if you case is from TSC or NSC. I believe all TSC cases are getting RFE.

[longwait100]

Guys, count me in....the massive nature of these RFEs suggests it could be EVL related...waiting anxiously for the actual letter.

[indiani]

Please post if you case is from TSC or NSC. I believe all TSC cases are getting RFE.

you made a good point, everyone who has case at TSC getting RFE, I mean literally everyone.

I am yet to see anyone who thinks it could be a system glitch

[indiani]

Guys, count me in....the massive nature of these RFEs suggests it could be EVL related...waiting anxiously for the actual letter.

we dont need to count who got RFE ( as everyone has online status changed to RFE today at TSC ), we need to look for ATLEAST ONE who did not have online case status as RFE mailed on june 14th

[bieber]

It sure looks like a glitch. If it's not then do they have capacity to process 10,000 plus cases in 1 month and issue approvals? may be they do

[indiani]

It sure looks like a glitch. If it's not then do they have capacity to process 10,000 plus cases in 1 month and issue approvals? may be they do

Thank you so much, apart from one user on trackitt, you are the only other person who atleast thinks ( like me ) that there is a POSSIBILITY of system glitch, while many are still in panic mode.

let me repeat the question i asked before, does anyone know anyone who didn't have RFE mailed on june 14th at TSC?
if answer is no, then think how it could be suddenly one day without reviewing any application USCIS decides to send RFE to thousands ( as its impossible to actaully review several thousands in just 1 hour ) as everyone had the update early this morning.

[honesdirec]

It sure looks like a glitch. If it's not then do they have capacity to process 10,000 plus cases in 1 month and issue approvals? may be they do

In our case only the primary applicants status showing as RFE.

[Pedro Gonzales]

No RFE here. Mine was a TSC application that was moved to NSC in February.

[NOV2007]

Looking at RFE's people are recieving, I guess COD will reach between Mar2008 to Jun2008 in AUG2013 VB itself. I guess, time to respond RFE will be around 15 days so if you all guys get RFE letter by end of this month, then you have a time untill July15th to respond and August1st they start sending out GC physical cards.



In our case only the primary applicants status showing as RFE.

[indiani]

No RFE here. Mine was a TSC application that was moved to NSC in February.

I believe only TSC applicants receiving it.

[indiani]

In our case only the primary applicants status showing as RFE.

Yours is the first ever where there is no RFE for dependent ( I suspect the dependent is under TSC, correct me if I am wrong ).

Hopefully if in fact its not a glitch we will find the RFE in mail within a week.

[ontheedge]

I received emails for all three pending I-485s (primary and two dependents) this morning. Somehow I cant believe that my daughter is being requested to produce an EVL :) Our PD is March 2008. I hope to God that this is an indication of date movement in the coming months!!!

[RRRRRR]

Yours is the first ever where there is no RFE for dependent ( I suspect the dependent is under TSC, correct me if I am wrong ).

Hopefully if in fact its not a glitch we will find the RFE in mail within a week.

I also received an email this morning regarding the RFE for myself and spouse and i am from TSC with Sep 2007. It is kind of strange that only TSC people are getting it and which makes me think it is a system glitch and the add on it is the fact that most of them go tit on Jun 14th. I am just curious how long it takes to get this and does it normally comes to us or to our lawyers.

I hope if this is not s system glitch then it is as simple as EVL. Thanks once again to everyone for contributing to this forum and i guess it will be great if we can share the information as we stat receiving the RFE in mail.

[kpt112107]

Got RFE for myself & dependent as well. I will post the reason for RFE once after I received notice.

FYI: Got first RFE on 2 Mar 2012 (for BC, even we kept all documents with application itself) and replied on 23 Mar 2012. Status changed to "Response under review". All of sudden we got RFE today again.

[Kanmani]

Please post if you case is from TSC or NSC. I believe all TSC cases are getting RFE.

All EB I-485 applications with a non-current Priority Date must be sent to Texas Service centre, after completing all processing procedures including interviews if any (otherwise called pre-adjudication).

Later, Texas Service center would send a visa request as non-current case to add the cases together under DoS pending list.

http://www.uscis.gov/USCIS/Outreach/Interim%20Guidance%20for%20Comment/regressed-visa-12-15-10.pdf

Irrespective of wherever you file your case, the current location is TSC

[indiani]

I received emails for all three pending I-485s (primary and two dependents) this morning. Somehow I cant believe that my daughter is being requested to produce an EVL :) Our PD is March 2008. I hope to God that this is an indication of date movement in the coming months!!!

1. can't be EVL , as you said ( as almost all dependents also got RFe today with exception of one ).

2. can't be date of birth as its unlikely so many date of birth certificates can have something wrong ( which happen to be realised on friday morning )

3. Repeat Finger prints will be difficult to process on massive scale especially with cutoff dates looming

4. whatever it may be , i hope atleast someone would reach out to L2 officer and find out ( not service representative as they just read what we already can see).

5. some update on medicals? unless there is some internal memo about new requirement what could be wrong with so many medicals?

any other thoughts?

[pseudonym]

Yours is the first ever where there is no RFE for dependent ( I suspect the dependent is under TSC, correct me if I am wrong ).

Hopefully if in fact its not a glitch we will find the RFE in mail within a week.


I have received an RFE today (primary), but my wife has not. I don't think everyone is receiving RFEs.

On a related note, a Google docs spreadsheet is being maintained by Trackitt users on those who have received RFEs here:

https://docs.google.com/spreadsheet/ccc?key=0Ar6Dprt7VeZzdEhBcGwzc1pkMUtaLVF4SjQ2MTVZd mc#gid=0

[Spectator]

All EB I-485 applications with a non-current Priority Date must be sent to Texas Service centre, after completing all processing procedures including interviews if any (otherwise called pre-adjudication).

Later, Texas Service center would send a visa request as non-current case to add the cases together under DoS pending list.

http://www.uscis.gov/USCIS/Outreach/Interim%20Guidance%20for%20Comment/regressed-visa-12-15-10.pdf

Irrespective of wherever you file your case, the current location is TSCKanmani,

The title of the Memo is Interim Memo SUBJECT: Instructions for Handling Regressed Visa Number (Employment-Based and Family-Based) Adjustment of Status Cases Interviewed at USCIS Field Offices

As I read that Memo it only applies to cases that were at Field Offices and had an interview.

It does not appear to apply to Service Centers. There is no requirement for NSC to transfer pre-adjudicated cases to TSC (at least not in this memo).

[indiani]

I have received an RFE today (primary), but my wife has not. I don't think everyone is receiving RFEs.

On a related note, a Google docs spreadsheet is being maintained by Trackitt users on those who have received RFEs here:

https://docs.google.com/spreadsheet/ccc?key=0Ar6Dprt7VeZzdEhBcGwzc1pkMUtaLVF4SjQ2MTVZd mc#gid=0

Thanks for the link I updated mine, its fascinating to see its filling almost continuosly.

[Kanmani]

Spec,

Thank you once again. Nowadays, I am misreading a lot. This is what uscis follows,

"If the adjudication of your Form I-485 will not require an in-person interview at a USCIS office, then your case will be held at the USCIS Service Center where you initially filed your application."

[drysnow]

Received RFE emails today for all of my family (1+1+2) from TSC.

[drysnow]

Exactly one year ago, the same June month, same third week, most people from TSC got their LUD updated to 6/11/2012.

[Eb2_Dec07]

my PD nov 2007, my case status changed to RFE issued today.

I check on trackitt and almost everyone who have pending 485 with PD around this time is getting RFE.

Literally anywhere from several hundreds to perhaps majority of applicants with PD aournd that time got RFE.

1. It could be a system glitch, in that case it should change to someother status soon.

2. They might have just decided to update EVL's or something of that sort as its very unlikely they just must have found something wrong with almost everyone's birth certificate etc.

3. I am yet to find someone who has PD around the period of Dec 2007 and hasn't had the RFE status online just change today

Indiani, my PD is EB2-I Dec 2007 , and I have not received any new RFE or seen a status change . My first RFE that came in March 2012 had been responded to and the status is RFE response review

[ontheedge]

Exactly one year ago, the same June month, same third week, most people from TSC got their LUD updated to 6/11/2012.

Oh boy...I hope its not an annual beginning of summer carnival for TSC...where they do a mass update, and sit back and enjoy the panic on the forums :D

[ontheedge]

Excellent infograph Spec! Somebody with an October 08 PD just reported receiving an RFE. The June 08 and Oct 08 guys seem to be the two outliers.

[Spectator]

This is the latest distribution of EB2 PD for 2007 or later that have received RFE today from the Trackitt thread.

442

This replaces the earlier post (which I have deleted).

[pdmay2008]

I see one from Dec 08 receiving RFE in the spread sheet. What a deep mess we are in?.. People are feeling happy about getting RFEs, and tracking dates for them to predict something out of it.

[honesdirec]

Yours is the first ever where there is no RFE for dependent ( I suspect the dependent is under TSC, correct me if I am wrong ).

Hopefully if in fact its not a glitch we will find the RFE in mail within a week.

Both primary and dependent applications are at TSC.

[KKKKKK]

My PD is Mar 2008. My wife has received RFE but not for my application

[march272010]

My PD March 2010, got RFE on May end as my old employer revoked my 140 and new employer filed AC21..asking my entire Employment history along with wages and roles & responsibilities and New employment letter proving stating perm certification still exist.

[GCKnowHow]

let me repeat the question i asked before, does anyone know anyone who didn't have RFE mailed on june 14th at TSC?

No change in my status. Still in Acceptance.

[Oranguttan]

After months of no movement, for a priority date of August 2007 with the I 485 filed on Nov 17, 2011 with TSC, both of us got RFE email alerts today morning from USCIS.

[longwait100]

we dont need to count who got RFE ( as everyone has online status changed to RFE today at TSC ), we need to look for ATLEAST ONE who did not have online case status as RFE mailed on june 14th

I was not responding to your question.....just posting my case status on the forum.

BTW could this be a finger printing/photo RFE for everybody, where USCIS wants to get the latest photos/prints before approving the currently pre-adjudicated cases..Q, Spec, or Mat, what is your take on this?

[MATT2012]

I have never seen these many RFE generated in one day, so will wait until we figure out more. Moreover some individuals mentioned, L-2 officers were not able to confirm the issuance of RFE.

[indiani]

I have never seen these many RFE generated in one day, so will wait until we figure out more. Moreover some individuals mentioned, L-2 officers were not able to confirm the issuance of RFE.

I have raised the same suspicion of possible system glitch when i saw these many RFEs.

The way i understand about RFE is , once IO is reviewing a case, if they need additional information or if something is missing, they request "additional evidence" therefore the RFE.

Its very hard to imagine that several thousands of applications somehow got looked into on friday morning and RFE's issued or somehow they just realised that they need some evidence which they already don't have from almost literally several hundreds and possibly few thousand applicants.

Moreover once RFE'e issued they are not "pre-adjudicated" until they receive response. so they cannot be reflected in DD.

Unfortunately as this is a weekend, the mystery will only solve when either the actaul "RFe" is received in mail or else an announcement that its a system glitch ( the latter is more likely )

[jackbrown_890]

I m tsc applicant and no RFE for me but my wife status s showing RFE issued on 14th.
BTW my PD s sept. 09.



No change in my status. Still in Acceptance.

[indiani]

after looking at almost 95% of the people who got RFE status, it appears that they are the ones who in fact were supposed to be current in august,

so this is one of my theories:

internally they wanted to "pre-adjudicate" and remove the files from "cold storage" and keep them ready to be assigned for GC in aug ,somehow by mistake they all would have changed status to "RFE mailed"

so everyone who saw message today might never actually receive RFE and directly instead get GC in the 1st week of august.

Please note that this is one of the possibilities and I strongly advice everyone ( obviously ) to be looking for mail in their mailbox unless they are notified otherwise in email or online status changes to something else.

[qesehmk]

longwait - my take is that - it has been over 6 years for people with PD of 2007 now. So USCIS may want to make sure that applicants are in good standing from job offer stand point. They are within their right to issue RFEs. So people upto mid 2008 be prepared for RFEs.
Q, Spec, or Mat, what is your take on this?

[indiani]

Q,

if you look at the RFE's most of them are from applicants who have PD late 2007 and early 2008 and they have applied 1.5 years ago and moreover some of us (including me) have already send EVL as recent as 6 months ago.
so the EVL's aren't really several years ago and moreover many dependents also got same day

[qesehmk]

thx indiani. in that case these rfes indeed r strange. beats me.
Q,

if you look at the RFE's most of them are from applicants who have PD late 2007 and early 2008 and they have applied 1.5 years ago and moreover some of us (including me) have already send EVL as recent as 6 months ago.
so the EVL's aren't really several years ago and moreover many dependents also got same day

[longwait100]

I have never seen these many RFE generated in one day, so will wait until we figure out more. Moreover some individuals mentioned, L-2 officers were not able to confirm the issuance of RFE.

L2 not able to see the RFE in their system...hmm...sounds interesting...I guess things should become clear by Wed or so...

[indiasunil]

GOT RFE on 06/14. Waiting for mail from USCIS

(PD-Jan15th2008)

[sandyn16]

I got RFE on 14th. What I Found interesting is my case is eb3 India aug 2003

My wife has 140 approved eb2 July 2006

We are waiting for her date To be current to inter file.

Somehow I thought uscis wouldn't count this until we inter file

[indiani]

One of the possibilities for the RFE ( apart from being a technical glitch ) is FP.
There isn't any other reason which will be common across so many applicants.

on Monday I will try to talk to L2 and I hope others will try to talk to L2 too.

so far applicants who got RFE on 14th and spoke to L2 were told that there was no RFE.

Murthy has article saying feb 2013 is best case scenario again

Ohio law firm on 15th wrote an article saying august 2013 is a possibility ( they said unconfirmed reports ) - their estimate or news is much different from fragomen and murthy both of whom in fact directly communicated with CO

[longwait100]

In my opinion, hundreds or even thousands cannot get an RFE on the same day for EVL or BC or legal status or medicals.

I have narrowed it down to either a system glitch or an updated FP/photo RFE....will know for sure next week.

[indiani]

In my opinion, hundreds or even thousands cannot get an RFE on the same day for EVL or BC or legal status or medicals.

I have narrowed it down to either a system glitch or an updated FP/photo RFE....will know for sure next week.

I feel the exactly same thing and you are very articulate in expressing.

Moreover on monday lets try talking to L2 and get more clarity on this.

Even if the RFE's are in fact true and not glitch, almost certainly all of them must have similar requirements like the ones you mentioned.

[honesdirec]

I feel the exactly same thing and you are very articulate in expressing.

Moreover on monday lets try talking to L2 and get more clarity on this.

Even if the RFE's are in fact true and not glitch, almost certainly all of them must have similar requirements like the ones you mentioned.

I think RFE's are because of new FP notices. It seems it has also happened in the past. System probably generated new FP notices for everyone who is expected to be current in the next 2 bulletins and sent an RFE email out.

This link was posted in trackitt.
http://www.trackitt.com/usa-discussion-forums/i485-eb/267751381/second-fingerprint-after-15-months/page/3

In my case I got RFE only for the primary applicant. Not sure why that is the case. Do your dependents 485 receipt show the actual priority date. In my base it is showing the notice date. I had enquired about it and my attorney told me that was how it would be for the dependents. Can you please check your dependents 485 receipts and let me know if thats how its in yours all well. Thanks.

[jackbrown_890]

longwait - my take is that - it has
been over 6 years for people with PD of 2007 now. So USCIS may want to make sure that applicants are in good standing from job offer stand point. They are within their right to issue RFEs. So people upto mid 2008 be prepared for RFEs.
Is there any case like mine? Sept..2009 PD.. And only Dependant got rfe on 14th. Also strangely my wife EAD was renewed for only 1 year this time.. And mine was renewed for 2..we sent the renewal application together in one single mail. I can't think of any logical explanation than a glitch in the s system.. Let's see next week what do they want in RFE..

[indiani]

I think RFE's are because of new FP notices. It seems it has also happened in the past. System probably generated new FP notices for everyone who is expected to be current in the next 2 bulletins and sent an RFE email out.

This link was posted in trackitt.
http://www.trackitt.com/usa-discussion-forums/i485-eb/267751381/second-fingerprint-after-15-months/page/3

In my case I got RFE only for the primary applicant. Not sure why that is the case. Do your dependents 485 receipt show the actual priority date. In my base it is showing the notice date. I had enquired about it and my attorney told me that was how it would be for the dependents. Can you please check your dependents 485 receipts and let me know if thats how its in yours all well. Thanks.

If in fact it turns out to be that everyone needs to give FP again it might lead to somewhat risky situation if especially the appointment cannot be obtained in time.
1 week for RFE to arrive then about 1 month to schedule for FP ( or much longer as thousands got RFE same time). NOt sure how long it will take to check background again of all the applicants .)
How can they issue GC to anyone in august if that is the case and moreover dont you think some might miss the boat again as the window of oppurtunity this time is much less than last time.
My hunch is still that this is a glitch but I know its wishful thinking and it just might turn out to be FP ( which i personally think is one of the most time consuming one ), I jsut hope its something like updated photo ( within 6 months ) or something much quicker and easier to reply.

addendum: just heard that someone got RFE in dallas already for updated EVL, EAD/797 etc., I hope by monday all the dust will settle and we will have clear view about whats going on.

[Spectator]

addendum: just heard that someone got RFE in dallas already for updated EVL, EAD/797 etc., I hope by monday all the dust will settle and we will have clear view about whats going on.Another trackit user, gcvegas, has received the exact same RFE http://www.trackitt.com/usa-discussion-forums/i485-eb/1248341837/rfe-evl-from-i-140-employer/page/last_page


RFE Received States

- You are an Employment-Based Principal Applicant

First, please submit proof of your continuous employment authorization in US from the date you filed your form I-485 to the present.
- EAD(s)
- I 797 approval notices
- I 94

Secondly, you must submit a currently dated letter from your petitioning (Form I 140) employer, verifying that their job offer to you continues to exist.

[kd2008]

Another trackit user, gcvegas, has received the exact same RFE http://www.trackitt.com/usa-discussion-forums/i485-eb/1248341837/rfe-evl-from-i-140-employer/page/last_page

Spec, I am thinking out loud here. PLease let me know what you think of it.

Last time, when dates moved a lot, USCIS simply sent out the green cards. Some went to the attorneys on file. These attorneys found out that the applicants were no longer even in the US. Some attorneys mailed GCs to them. Some folks had their friends collect it for them. This caused great anguish to folks that missed out on getting Gcs. It must have been brought to USCIS' attention that they are bunch of morons for simply sending out GCs like that without verifying. Now bitten once, they are making their darnest best to not repeat previous mistakes.

[longwait100]

Spec, I am thinking out loud here. PLease let me know what you think of it.

Last time, when dates moved a lot, USCIS simply sent out the green cards. Some went to the attorneys on file. These attorneys found out that the applicants were no longer even in the US. Some attorneys mailed GCs to them. Some folks had their friends collect it for them. This caused great anguish to folks that missed out on getting Gcs. It must have been brought to USCIS' attention that they are bunch of morons for simply sending out GCs like that without verifying. Now bitten once, they are making their darnest best to not repeat previous mistakes.

kd2008, good point!....if majority of these RFEs turn out to be EVL type along with a proof of legal stay from the date of I-485 application, it indicates that USCIS is just double checking if an approv-able case is still alive and legal before they put their formal stamp of approval on it.

[natvyas]

What beats me is that its just TSC sending RFE. Not a single RFE for applicants whose service center is NSC.

[Spectator]

Spec, I am thinking out loud here. PLease let me know what you think of it.

Last time, when dates moved a lot, USCIS simply sent out the green cards. Some went to the attorneys on file. These attorneys found out that the applicants were no longer even in the US. Some attorneys mailed GCs to them. Some folks had their friends collect it for them. This caused great anguish to folks that missed out on getting Gcs. It must have been brought to USCIS' attention that they are bunch of morons for simply sending out GCs like that without verifying. Now bitten once, they are making their darnest best to not repeat previous mistakes.kd,

Could be. It is possible. I want to see if the pattern continues. It certainly would weed those cases out.

Also thinking out loud, Indian EB jobs are concentrated in IT fields and within that concentrated in the consultancy model.

Lay offs and especially employer changes seem to be especially prevalent in that area (almost part of the job). USCIS must also be aware that large numbers of people are using the AC21 I-140 portability law to change employer.

Unapproved cases filed in October 2011 to April 2012 will be 15-20 months old when they become current again and a lot may have happened in that time span.

I realise that sounds very much like profiling and I am not sure whether that is something USCIS do. They have appeared to use certain indicators in the past on other areas to use resource "effectively".

Alternatively, it may be a policy change and we will see the same repeated in the future for EB3-ROW cases that do not get approved this FY. That is also a strong possibility and may be more likely. It may be relevant that it has happened immediately after the final RFE/NOID memo was published. It just happens that the pending EB2-I cases are the first to feel the effect. I did notice that some EB3-I cases that are about to become current have also received RFE.

I do wish USCIS or SCOPS would work in a consistent manner. It may change, but currently this appears to be a TSC only initiative.

If the RFE phenomenon is real and not simply a system glitch, then at least USCIS have approached it in a manner that allows 45 days before the dates become current again. Employment Authorization and EVL information is not particularly onerous to obtain and everybody has the chance to respond well before the dates become current again. It should not delay any approvals at all unless RFEs start to involve biometric appointments in large numbers.

What is a little strange at the moment is the number of Dependents receiving RFE requests, some of which already seem inappropriate.

As I said, I would prefer to see

a) That this is not a system glitch at TSC.
b) What the pattern of RFE requests is.

It is definitely an interesting development. It is perhaps too early to analyse it, but human nature does not allow that! :) So apologies for the rather rambling post. It's difficult to understand what USCIS do and why.

[vizcard]

To me the question is if CO aware that these RFEs are being sent out ? Assuming it is not a glitch, there has to be some historic stats on response time, response accuracy %, etc. This will drive how far in the future the COD will move. If the response accuracy is 75%, for example, that will have a major implication than if it was 90%.

[indiani]

kd,

Could be. It is possible. I want to see if the pattern continues. It certainly would weed those cases out.

Also thinking out loud, Indian EB jobs are concentrated in IT fields and within that concentrated in the consultancy model.

Lay offs and especially employer changes seem to be especially prevalent in that area (almost part of the job). USCIS must also be aware that large numbers of people are using the AC21 I-140 portability law to change employer.

Unapproved cases filed in October 2011 to April 2012 will be 15-20 months old when they become current again and a lot may have happened in that time span.

I realise that sounds very much like profiling and I am not sure whether that is something USCIS do. They have appeared to use certain indicators in the past on other areas to use resource "effectively".

Alternatively, it may be a policy change and we will see the same repeated in the future for EB3-ROW cases that do not get approved this FY. That is also a strong possibility and may be more likely. It may be relevant that it has happened immediately after the final RFE/NOID memo was published. It just happens that the pending EB2-I cases are the first to feel the effect. I did notice that some EB3-I cases that are about to become current have also received RFE.

I do wish USCIS or SCOPS would work in a consistent manner. It may change, but currently this appears to be a TSC only initiative.

If the RFE phenomenon is real and not simply a system glitch, then at least USCIS have approached it in a manner that allows 45 days before the dates become current again. Employment Authorization and EVL information is not particularly onerous to obtain and everybody has the chance to respond before the dates become current again. It should not delay any approvals at all unless RFEs start to involve biometric appointments in large numbers.

What is a little strange at the moment is the number of Dependents receiving RFE requests, some of which already seem inappropriate.

As I said, I would prefer to see

a) That this is not a system glitch at TSC.
b) What the pattern of RFE requests is.

It is definitely an interesting development. It is perhaps too early to analyse it, but human nature does not allow that! :) So apologies for the rather rambling post. It's difficult to understand what USCIS do and why.

You are spot on spec, even though my intial inclination and hope was possible system glitch, now as we saw atleast 2 RFEs in mail already asking EAD/ EVL, it might be related to new guidelines to have everything uptodate.

I think there is still plenty of time as most wouldn't need more than a week to respond.

all these applications are no longer "pre-adjudicated" and CO will not know the exact DD until the responses are received, so i am wondering how the COD for august bulletin will play out?

[vizcard]

all these applications are no longer "pre-adjudicated" and CO will not know the exact DD until the responses are received, so i am wondering how the COD for august bulletin will play out?

These applications are definitely in the demand data but theoretically they are getting pulled out of "demand" and back in to "pending inventory". If that's the case, then assignment of SOFAD will be tricky and the COD will move further ahead than if CO was doing a straight demand data-based movement. this can be a total cluster as FIFO might be lost in this scenario as people without RFEs will automatically jump ahead of those with RFEs when dates become current regardless of PD.

[indiani]

These applications are definitely in the demand data but theoretically they are getting pulled out of "demand" and back in to "pending inventory". If that's the case, then assignment of SOFAD will be tricky and the COD will move further ahead than if CO was doing a straight demand data-based movement. this can be a total cluster as FIFO might be lost in this scenario as people without RFEs will automatically jump ahead of those with RFEs when dates become current regardless of PD.

As several thousands of RFE responses needs to be looked at , there might be a chance that all these won't be processed in time and by sept bulletin CO might decide to move it way further into late 2008.

FIFO of course cannot be implemented in the current scenario.

I think CO might be thinking " I am giving X number to India" but not necessarily care whether a 2007 PD applicant gets GC before late 2008 applicant.

If we "2007 PD" folks miss again even if we do everything the right way, it will be another disaster for us.

[Kanmani]

Viz, these cases in the DD are already existing in the pending inventory as well. As you suggest the RFE response accuracy % would make an impact in the wastage .

Spec has the most reasonable point, shooting RFEs ahead would reduce the wastage % giving ample time to respond or else reallocate the visa to someone.

[vizcard]

Viz, these cases in the DD are already existing in the pending inventory as well. As you suggest the RFE response accuracy % would make an impact in the wastage .

Spec has the most reasonable point, shooting RFEs ahead would reduce the wastage % giving ample time to respond or else reallocate the visa to someone.

Sorry for the confusion - what i meant was that they are taken out of Demand i.e pre-adjudicated and back in "pending" i.e. not pre-adjudicated ... not specifically referring to the documents.

The response accuracy % (or some better term for it) won't affect consumption of visas ... it'll affect who consumes them though. For example,

Demand up to March 2008 - 10000 (made up numbers). If you go by straight demand, if you have 10000 spillover, people up to March 2008 will get visas.
Now assume 50% of the people get RFEs and 80% of those people will respond and their responses will get processed in time. True demand that'll consumer spillover reduces to 9000. that'll mean there will be 1000 visas for folks post March 2008.

That's why % of RFEs sent out and % processed are all both items (I've lumped them together as response accuracy %). This is not a new phenomenon but its especially relevant this year due to the wide range of spillover projections and the timing for releasing those.

[indiani]

Sorry for the confusion - what i meant was that they are taken out of Demand i.e pre-adjudicated and back in "pending" i.e. not pre-adjudicated ... not specifically referring to the documents.

The response accuracy % (or some better term for it) won't affect consumption of visas ... it'll affect who consumes them though. For example,

Demand up to March 2008 - 10000 (made up numbers). If you go by straight demand, if you have 10000 spillover, people up to March 2008 will get visas.
Now assume 50% of the people get RFEs and 80% of those people will respond and their responses will get processed in time. True demand that'll consumer spillover reduces to 9000. that'll mean there will be 1000 visas for folks post March 2008.

That's why % of RFEs sent out and % processed are all both items (I've lumped them together as response accuracy %). This is not a new phenomenon but its especially relevant this year due to the wide range of spillover projections and the timing for releasing those.

I think you described the scenario well.

The following is not in response to your post but my unfortunate situation which i share with few thousands of late 2007 and early 2008 ( original EB2 applicants )

The RFE's gives a hope for people who have PD in mid to late 2008, at the same time some anxiety to folks in late 2007 ( including me ).

There is always some degree of anxiety whenever RFE is sent no matter how straight forward it is, as i don't know whether the IO will pick up my file "pre-adjudicate" and issue a GC or else perhaps issue to later PD and pick up the file after dates retrogressed.

This time around when the dates become current, i will certainly keep calling L2 and if needed local congressman/ senator's office as it has become almost decades long journey of uncertainity. ( BTW: I came to this country in 2001 as a physician and didn't have a clue what I was getting into )


My cousin who has B.com from india ( anyone form india understand how easy it is to finish one ) came 1 yr ago in 2012 on L1 ( hardly can speak english ) got GC in EB1C and I know someone who has EB2 2010 PD got GC last year.

[jackbrown_890]

i am not if anyone posted about this memo...if someone has,, let me know ,,i will delete this post..ty
http://www.uscis.gov/USCIS/Laws/Memoranda/2013/June%202013/Requests%20for%20Evidence%20(Final).pdf

[indiani]

i am not if anyone posted about this memo...if someone has,, let me know ,,i will delete this post..ty
http://www.uscis.gov/USCIS/Laws/Memoranda/2013/June%202013/Requests%20for%20Evidence%20(Final).pdf

I think I saw this on trackitt/ this forum recently but no need to delete it as its useful info.

I think this memo in fact tilts the tendency towards issuance of RFE where "eligibility" is of concern. But it does not mandate RFE's

what bothers me is that it was done one on such a massive scale on the same day without merits of each individual case. let me give my example, anyone with any amount of general knowledge in this country knows that a doctor will have the oppurtunity to work in "same/similar" job, so sending RFE to me is just waste of time and money to Govt. and me ( as RFE's consume time for govt. without generating new revenue and by doing that they are not gaining any "useful additional information" )

The point I was trying to make is that even though my profession is perhaps not even as intellectual as other IT jobs etc., it is just a fact that the jobs for us are there everywhere in the country and i guess almost all IO officers will be aware of this ( i understand for the requirement of all basic documents but repeat EVL's is waste of time as I ahve sent one 6 months ago )

I think we just have to deal with this as it comes at us for the timebeing until CIR pased then the entire issue of COD might be an issue of the past (especially with recapture of visas ).

[Spectator]

Indiani, I can understand your concern about an applicant with a later PD getting GC before an applicant that has an earlier PD (I've been through it myself last year), but isn't the new memo applicable to all applications from now onwards?.... so even if CO decides to move dates aggressively in Sep bulletin, the RFE rule would still apply to the later PDs that would become current in that bulletin.
By sending out RFEs to applicants with PDs upto late 2008, looks like USCIS is ensuring they have enough applications ready in the pipeline for final approval in August & September even though the real supply from the SO numbers may only suffice demand upto Feb 2008 as mentioned in the earlier communications with Fragomen.longwait,

I suppose in many ways it depends on what you mean by "move the dates aggressively". Personally, I think a move to the end of August 2008 would be very aggressive.

The difference in number for a date in February (CO's most favourable date) and the end of August is 8-9k.

8-9k would be a sizable % of the total number of visas available to EB2-I IMO (perhaps 50% or more).

If 50% more cases are "ready to go" and the dates move to the end of August, the chances of approval drop to 67%. A fair number of people with earlier PD would likely lose out again as later PD were approved and the visa numbers were exhausted.

But quite apart from that, I do not know where or how Oh Law Firm have reached the conclusion about August 2008.

I've integrated the data I had before from Trackitt with the googledocs document (before someone "helpfully" deleted the information in the sheet).

444

That data still doesn't suggest that RFEs in any great quantity have been received beyond March 2008 as far I can interpret it.

Quite where Oh get an August 2008 date is quite beyond me. They do not say how they arrived at that conclusion.

[vizcard]

Agreed partially.

You are calling it as a theoretical process ( pre-adj to non pre-adj for sometime) , with an assumption that this is a behind the scene procedure carried out without affecting the Demand Data , Do you agree that the DoS is uninformed of this final stage verification ?

If the answer is 'Yes' , then the DoS would assign visa numbers as per their protocol (Visa Number to Alien Number basis from the existing DD) on 1st August including the RFE cases .

The USCIS must hold the visa number of the RFE recipients at least for 84 days to return them to DoS , Meanwhile the sept bulletin is due which would make the DoS to move the dates as per their data not including the potential returns from the uscis.

As per your example, my claim is that those 1000 will still be on hold at least until september 5th to 10th approx , will not impact the Sept visa bulletin .

Then there's a significant risk of wastage because Sept 10 would be the the OCt VB i.e. next fiscal year. So he would almost need to move it ahead another couple of months just in case.. no?

[Kanmani]

Trackitt update

Few EB3I also received RFE emails on June 14th. Recipients' PDs are in Feb 2003 while the cut off date as of July 1st is 22nd Jan 2003.

Looks like the RFEs are genuine! (?)

[bieber]

Based on early Trackitt responses, It seems the RFEs are not a system glitch. So far it's about EVL in all the 3 cases.

[bieber]

This is very informative, would like to see Q/Spec/Kanmani's analysis. This is turning out dramatic, if everbody is not going to get RFE and they are sent out while the dates are not current, then there won't be automatic assigning of visa number for these cases.

REQUEST FOR EVIDENCE
On January1 1,2011., USCIS issued a Policy Memorandum directing Service Centers processing certain
visa-retrogressed applications for adjustment of status to request additional information prior to a final
decision. This policy is reflected in Chapter 23.5(t)(4) of the Adjudicator's Field Manual (AFM).
Specifically, review of your application shows that:
- You are an Employment-Based Principal Applicant
- An immigrant visa is not immediately available, and
- A valid job offer may be required for your adjustment.
First, please submit proof of your continuous employment authorization in the U.S. from the date you
filed your Form I-485 to the present. Such evidence may include copies of:
- Employment Authorization Documents (EADs, Forms I-688 or I-766) granted to you by USCIS
- Form l-797 approval notices, showing you were granted status in an employment-authorized
nonimmigrant classification, or
- Copies of Form I-94 Arrival Departure Records showing you were admitted to the U.S. in an
employment-authorized nonimmigrant status.
Second, you must submit a currently dated letter from your petitioning (Form I-140) employer, verifying
that their job offer to you continues to exist. If their job offer no longer exists or you no longer intend to
work for the original I-140 employer, you may be eligible to adjust pursuant to visa portability under
section 204() of the Immigration and Nationality Act if:
- Your Form I-485 application has been pending for 180 days or more, AND
- Your new intended permanent employment is in the same or similar occupational classification
as the original Form I-140 job.

Note that the current job offer letter from your original or new employer must state the title an( duties
of the offered position, the minimum educational training requirement the-date you began ( or will
begin) employment and the offered salary or wage. This letter should be on company letterhead and
signed, in the original, by a person authorized by the organization to make or confirm an offer of
permanent employment.
Failure to submit a response is grounds for the denial of your application. A response is required
regardless of whether an immigrant visa is currently available to you. Your case must remain pending
until a visa becomes available to you as per the U.S. Department of State's monthly Visa Bulletin,
available online at www.travel.state.gov under 'Visas'.

[Kanmani]

tackle's attorney has received the RFE physical copy....http://www.qesehmk.org/forums/showthread.php/2136-Received-another-RFE?p=36377#post36377

[Kanmani]

Bieber,

I don't see a (t) sub-division under chapter 23.5 of AFM , the chapter ends with a (p), but nowadays am misreading too. Without that I can't understand the circumstances/necessity of this RFE format being printed in the AFM itself.

Moreover I have not seen the substance of the RFEs that were issued during PDs 2006-2007 clearance. Q/Spec might have a informations of those RFEs.

[Spectator]

beiber,

That's quite interesting. What was the source?

There is no 23.5(t) section in the publicly available AFM (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=afm). The last section is (p).

A quick bit of research makes me think it is actually Chapter 23.5(f)(4) of the Adjudicator's Field Manual (AFM). http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-31.html


PM-602-0026 -- AD10-44 (1/11/2011) -- Chapter 23.5(f)(4) -- This memorandum revises the AFM by adding Chapter 23.5(f)(4) to clarify the Evidence of Compliance with Employment Requirement Prior to Final Adjudication of Employment-Based Adjustment of Status Application.

Interestingly that is not in the publicly available version of the AFM either, nor can I find it by searching. It does not appear in the Policy and Procedural Memoranda section on the USCIS website.

Perhaps someone else might have better luck, but I suspect it may be a redacted section. The AFM has been updated since the Memo above.

As far as the RFE content, my take is:


REQUEST FOR EVIDENCE
On January1 1,2011., USCIS issued a Policy Memorandum directing Service Centers processing certain
visa-retrogressed applications for adjustment of status to request additional information prior to a final
decision. This policy is reflected in Chapter 23.5(t)(4) of the Adjudicator's Field Manual (AFM).
Specifically, review of your application shows that:
- You are an Employment-Based Principal Applicant
- An immigrant visa is not immediately available, and
- A valid job offer may be required for your adjustment.
First, please submit proof of your continuous employment authorization in the U.S. from the date you
filed your Form I-485 to the present. Such evidence may include copies of:
- Employment Authorization Documents (EADs, Forms I-688 or I-766) granted to you by USCIS
- Form l-797 approval notices, showing you were granted status in an employment-authorized
nonimmigrant classification, or
- Copies of Form I-94 Arrival Departure Records showing you were admitted to the U.S. in an
employment-authorized nonimmigrant status.

They are checking that the applicant has not accumulated more Unauthorized Employment than 245(k) would allow for.

Second, you must submit a currently dated letter from your petitioning (Form I-140) employer, verifying
that their job offer to you continues to exist.

They are checking a valid job continues to exist.

If their job offer no longer exists or you no longer intend to
work for the original I-140 employer, you may be eligible to adjust pursuant to visa portability under
section 204() of the Immigration and Nationality Act if:
- Your Form I-485 application has been pending for 180 days or more, AND
- Your new intended permanent employment is in the same or similar occupational classification
as the original Form I-140 job.

A reminder of the AC21 I-140 portability rules.

Note that the current job offer letter from your original or new employer must state the title an( duties
of the offered position, the minimum educational training requirement the-date you began ( or will
begin) employment and the offered salary or wage. This letter should be on company letterhead and
signed, in the original, by a person authorized by the organization to make or confirm an offer of
permanent employment.
Failure to submit a response is grounds for the denial of your application. A response is required
regardless of whether an immigrant visa is currently available to you. Your case must remain pending
until a visa becomes available to you as per the U.S. Department of State's monthly Visa Bulletin,
available online at www.travel.state.gov under 'Visas'.

Some more detail on the information required in the EVL.

Since it may well be a different job to that in the approved I-140, they are also checking that it "same or similar" and fulfills the criteria for the Category the applicant is applying under. e.g. an applicant couldn't be approved under EB2, if the job that was going to be performed would only qualify under EB3.

[bieber]

Spec, Kanmani

I copied it from Trackitt, It looks like user just posted the content of RFE

[bvsamrat]

It appears to a standard format that would be followed in times to come. One more blow to legal Ebs to tie them in knots. No doubt RFEs will have to be replied reviwed and decided and all takes time. I do not know if it is tied with any profiling(cases with AC21's or any sepcific sector)


Spec, Kanmani

I copied it from Trackitt, It looks like user just posted the content of RFE

[indiani]

can USCIS process 10,000 plus additional application in 2 months?

If not is there a chance of wastage or leaving some 2007 applicants again as they somehow can't get to the application before the dates retrogress?

I already was worried about some kind of nightmare scenario when the dates were held up that long back.

Now GC looks up purely luck based for indians (coming here on EB ) unless EB1 .

what if lets say they don't get to an applicant on time and they wait another year and another RFE and possibly missing again ( even though this is a far-fetched scenario ) ?

I think this might in all likelyhood just profiling. there are folks who has just sent proof of employment as recent as couple of months ago and they still got RFE in this massive, unprecendent, illogical ( or may be they found logic in profiling indians) way.

I wish Murthy or someone would have interest in calling out USCIS on this but I think they will also have more business as atleats some applicants will use their service to reply.

[yank]

Gurus,

Why only TSC filers are getting RFE's. My case is with NSC. PD is Jan 2008. Do we need to wait few more days?

Thanks

[dec2007]

Spec, Kanmani

I copied it from Trackitt, It looks like user just posted the content of RFE

My RFE is to confirm that I'm still employed, in the same job, offer is still open, etc.

Attorney is in process of responding.

[jackbrown_890]

can USCIS process 10,000 plus additional application in 2 months?

If not is there a chance of wastage or leaving some 2007 applicants again as they somehow can't get to the application before the dates retrogress?

I already was worried about some kind of nightmare scenario when the dates were held up that long back.

Now GC looks up purely luck based for indians (coming here on EB ) unless EB1 .

what if lets say they don't get to an applicant on time and they wait another year and another RFE and possibly missing again ( even though this is a far-fetched scenario ) ?

I think this might in all likelyhood just profiling. there are folks who has just sent proof of employment as recent as couple of months ago and they still got RFE in this massive, unprecendent, illogical ( or may be they found logic in profiling indians) way.

I wish Murthy or someone would have interest in calling out USCIS on this but I think they will also have more business as atleats some applicants will use their service to reply.

I don't think Murthy alone can or would want to do anything if there is a hint of profiling. I think it would have to come from an organization like ** or actual applicants. all would have to contact/request their reps./senators to inquire on this issue. It will be hard to prove it too. So far trackitt data shows, more thn 95% (that is big number) RFEs were issued to Indians in EB category.. still no RFEs at this scale shows up on any other categories on and around June 14. no rfes for FB so far on Trackitt.. need more data to support profiling,,

[indiani]

I don't think Murthy alone can or would want to do anything if there is a hint of profiling. I think it would have to come from an organization like ** or actual applicants. all would have to contact/request their reps./senators to inquire on this issue. It will be hard to prove it too. So far trackitt data shows, more thn 95% (that is big number) RFEs were issued to Indians in EB category.. still no RFEs at this scale shows up on any other categories on and around June 14. no rfes for FB so far on Trackitt.. need more data to support profiling,,

I agree with you on almost every point you made.

This issue is somewhat hard to prove that they intentionally profiled but whatever their rationale was , to most logical minds this appears rather illogical ( not illegal) ,

even in the case of IRS scandal, no one knew about it until there was a whistleblower, Teaparty is one of the most powerful lobby group and still almost every official involved denied that they profiled saying they acted within the law.

Thats why I think too many unnecessary rules will lead to rather abuse, here in this case its not only applicants waste their time, its several hundreds of hours of federal employees also waste their time.

This time around once its current even for 1 day, i will reach out to rubio's office or Ross's office in FL and will be following with several calls.

[Spectator]

It would help if the AFM section mentioned was available.

Without knowing what that says, it is pointless to speculate, but the title of the Memo suggests it is applicable to everyone.

[bieber]

Other users on Trackitt confirmed the same RFE content. The glitch scenario can be ruled out at this point.

Outstanding questions
What % of EB2I in the date range received the RFE
Why NSC not issued any RFEs yet

[indiani]

I had only online status changed to RFE but did not receive text / email alert, I tried to call L2 officer but it was late so i was told by L1 to call in the morning again to be able to be transferred live to L2 as it will take 2-3 hrs to be transferred.

another option was to leave L2 a message and wait for response 3-4 days later,
it might not help as they might just indicate what is already stated online and moreover I might receive actual RFE by then.

Even though my immdediate reaction and hope was a glitch scenario, that possibility is ruled out and appears that almost everyone ( atleast so far that what appears to be the case ) received EVL/ EADor 797 requirements.

My i-94 which was given at port of entry has expiration date of june 2013 but I have new concurrent H-1 ( with current employer ) which is valid for another year and also i have EAD. EVL might take few days but I should not have a problem to get it.

Overall this is another rather unpredictable and somewhat unfortunate incident this fiscal year for EB2 folks who were ignored last fiscal year.
Not sure if atleast 2007 folks will get some relief by september

[jackbrown_890]

My lawyer also received rfe for my wife today. My status still says Acceptance. And they are asking same information for my wife.. Evl.. 94 .. Ead..etc. I can get everything else for my wife but how do I get evl for dependent. Any suggestions on what to do? My lawyer has asked for my evl in anticipation of rfe in my case. But my online status hasn't changed as of r
Today.

[gcq]

My Speculations:
#1.
USCIS officers has ran out of work. In these times of "spending cuts", they fear that that they maybe laid off. So they found themselves some work at the expense of hapless applicants.

#2.
In context of recent heavy EB1 usage, they suspect a lot of EB2 ers got ported to EB1. They want to make sure the EB2 applications that are likely to be approved in near future are real cases. That way they won't waste those visa numbers.

[erikbond101]

Can anyone tell me if porters (filed I-485 in EB3I prior to July 2007) to EB2I are also getting RFE or is it just people who have pending I-485 from EB2I. This can tell us if porters are getting counted?

[indiani]

I have EVL format which is from sept 2012 ( had RFe about it then ), I think once RFE is confirmed that it is infact is about EVL and copies of status ( which i think either EAD or 797 ) then
I will just change the date of the EVL letter get it signed again and send copies of EAD and 797 ( i-94 not sure whether to add, this i obtained at POE and its expiry date is june 2013 )
I think they are asking copy of one of the documents and not all of them.

[indiani]

I think there is a good reason to believe that every RFE will look like the ones which are already posted like the EVL etc.,
not sure how long it might take to reach FL

[tackle]

can USCIS process 10,000 plus additional application in 2 months?

If not is there a chance of wastage or leaving some 2007 applicants again as they somehow can't get to the application before the dates retrogress?


This has been a concern of mine too. There is a definite chance that some RFE responses end up in someone's desk who just sits on it until dates retrogress.

[indiani]

This has been a concern of mine too. There is a definite chance that some RFE responses end up in someone's desk who just sits on it until dates retrogress.[/QUOTE]

several things should happen for the application to be adjudicated when dates become current.
The applicant should receive the RFE ( USCIS is not known to be 100% competent).
The RFE is able to be sent back on time ( getting hold of employer's signature might take sometime for few not all ).
The RFE sent back should reach them ( not so difficult when we fedex)
The RFE should be satisfactory ( burden is on us and it depends on the interpretation of IO )
The file should be picked up among several thousands when dates become current ( history tells us FIFO won't be followed )

Bottomline: This RFE- frenzy surely was not something that anyone anticipated or enjoying

[indiani]

RFE went to attorney and they have sent me a copy in email ( which was scanned so can't cut and paste ) but it is exactly the same as everyone else previously posted.

So please check with your attroney as USCIS may just send to attorney and you might get it later or never.

I am preparing on a "war-footing" and plan to send it within a week.

Attorney said everyone of their clients from TSC got exactly same RFE and no other service centers have sent RFE. ( USCIS not following uniform procedures and rules )

[longwait100]

Just saw this on Murthy, looks like they are also puzzled about the employment authorization requirement for dependents.

http://www.murthy.com/2013/06/17/newsflash-uscis-issues-multitude-of-identical-i-485-rfes/

[druvraj]

Just saw this on Murthy, looks like they are also puzzled about the employment authorization requirement for dependents.

http://www.murthy.com/2013/06/17/newsflash-uscis-issues-multitude-of-identical-i-485-rfes/

Since RFE are issued only for TSC applicants is this a way to make sure that all NSC applications are cleared on the first day. Hence RFE for people with PDs in late 2008 are also issued. I remember NSC were ahead in issuing FP notces as well.

Dependents requiring EVL will be hard one for the lawyers to solve. FL lawyers got the RFE. Neither my lawyer not I have still not received the RFE yet.

[indiani]

anyone want to post a generic EVL with all the requirements asked in the current RFE, i am planning to prepare one with help of paralegal today. also sending EAD/797 both.

[Eb2_Dec07]

Guys, EB2-Ind, Dec 07 PD NSC , earlier case status online was RFE response review ( RFE responded to in April 2012 ) , past week I changed address on pending 485 case and this week the status changed to " Initial Review " . Is this normal , does it mean earlier RFE is now processed and does it imply case has been pre-adjudicated

[username]

My lawyer also received rfe for my wife today. My status still says Acceptance. And they are asking same information for my wife.. Evl.. 94 .. Ead..etc. I can get everything else for my wife but how do I get evl for dependent. Any suggestions on what to do? My lawyer has asked for my evl in anticipation of rfe in my case. But my online status hasn't changed as of r
Today.

Ditto!!! I am also in same situation as you are (dependent wife received rfe not primary application).

[username]

Can anyone tell me if porters (filed I-485 in EB3I prior to July 2007) to EB2I are also getting RFE or is it just people who have pending I-485 from EB2I. This can tell us if porters are getting counted?

I am porter and did not receive any rfe so far but my wife (dependent) received rfe.

[bvsamrat]

But RFE may cause worry to some people who might be on EAD shifting jobs as consultants (such as company A to B to C etc.) and may not be in a position to provide EVL in time and some may be out of USA also.
It all depends on how many% and these might include porters also ? and these might determine the COD progression beyond expected dates in September VB


Thanks Kanmani, I remember your earlier post.

So your thought is these RFE cases will stay in demand and visa office will allocate visa when PD gets current as the case is pre-adjudicated. USCIS will wait until the end of response time which is 87 days( somewhere close to Sep mid)/ RFE response. if RFE response is satisfactory GC will be issued. Sounds logical to me, and the timing of mid Sep also is molding really well. I hope that is the case. As majority of the cases are EVL, the replies will be really fast except attorney delay.

[GCKnowHow]

I don't think Murthy alone can or would want to do anything if there is a hint of profiling. I think it would have to come from an organization like ** or actual applicants. all would have to contact/request their reps./senators to inquire on this issue. It will be hard to prove it too. So far trackitt data shows, more thn 95% (that is big number) RFEs were issued to Indians in EB category.. still no RFEs at this scale shows up on any other categories on and around June 14. no rfes for FB so far on Trackitt.. need more data to support profiling,,

I'm not sure if its anything to profiling, I see it as Indians are the only EB2 category who has any dates before Aug 2008 and they would be getting most/all of the spill overs. The RFEs are issued over 45 days in advances so it will be replied before that and will be ready for allocating visa number. I rather see this as a positive move as they issued RFE well in advance else so many would have missed the boat. Its just my perspective.

[sandyn16]

With my application I am a bit confused. Any suggestions will be appreciated

I got RFE but for my wife, have not received letter yet.

My priority date is eb3 2003

A same time my wife has her 140 eb2 pd July 2006 approved and going to interfile wiith mine once bulletin out and assume dates get current.

So now if the RFE is like what others have received like EVL , then what do I show for dependent

Show my EVL or hers from her company

[indiani]

several PD april 2008 and beyond TSC applicants didnt get RFE, so I guess no GC for them this fiscal year.

This is one of the very few times in uscis history where RFE is "some good news" .

I am not making any conclusion but trying to see logic behind why only until march 2008 for RFE's.

[GCKnowHow]

With my application I am a bit confused. Any suggestions will be appreciated

I got RFE but for my wife, have not received letter yet.

My priority date is eb3 2003

A same time my wife has her 140 eb2 pd July 2006 approved and going to interfile wiith mine once bulletin out and assume dates get current.

So now if the RFE is like what others have received like EVL , then what do I show for dependent

Show my EVL or hers from her company

In your case you will be the dependent and she will be the primary. It doesn't matter whether you have a job or not. So you should use your wifes EVL as she will be replying RFE on her pending I-485. Once the her PD is current then you can send in yours.

[sandyn16]

I forgot to mention that she is also dependent in my 485 application and the RFE is on her dependent application not on her eb2

[SmileBaba]

I forgot to mention that she is also dependent in my 485 application and the RFE is on her dependent application not on her eb2
Your situation needs professional help. Consult a good Attorney.

[SmileBaba]

I am porter and did not receive any rfe so far but my wife (dependent) received rfe.

Hi! Shouldn't year of activity "USCIS issued new (notice of approval) I140 with EB2 category and PD Dec/21/2007" in your signature be 2012? Just wondering..:)

[jackbrown_890]

AILA posted this today:
AILA Liaison is aware that TSC began issuing boilerplate RFEs on employment-based I-485 applicants in mid-June. AILA Liaison has contacted TSC for clarification and will post any additional information received to InfoNet.
AILA Doc. No. 13061843.

Does anyone know an attorney who has access to this document or any future posts?
ty

[rajkraj]

RFE --- Sample document

http://www.laborimmigration.com/wp-content/uploads/2013/06/Sample-I-485-RFE-Redacted.pdf

[bvsamrat]

I agree. The language in the letter stresses this - replying soon will help if visas are available.
But the fear psychosis is too much - I see the list of documents to be sent - all most evry thing?


several PD april 2008 and beyond TSC applicants didnt get RFE, so I guess no GC for them this fiscal year.

This is one of the very few times in uscis history where RFE is "some good news" .

I am not making any conclusion but trying to see logic behind why only until march 2008 for RFE's.

[desitiger]

If the dates are going to move "best case" to Feb 2008 then why issue RFE's for any date beyond Feb 2008. Is it random or is there any logic behind it?

[gcq]

But RFE may cause worry to some people who might be on EAD shifting jobs as consultants (such as company A to B to C etc.) and may not be in a position to provide EVL in time and some may be out of USA also.
It all depends on how many% and these might include porters also ? and these might determine the COD progression beyond expected dates in September VB
You seem to be focusing all the time on consultants. Get over it. What a fancy speculation !

[longwait100]

Finally our law firm has received the RFE letters....hurray!....now the difficult part...pushing them to respond ASAP...lot of inertia you know since they are one of biggest immigration law firms in the world!

[vizcard]

Not sure what the breakdown is between pre-March 2008 and March+Post March 2008 cases that have received RFE. The sample set that is available to us is from trackitt or this forum, which may or may not be right representation of the complete set. I am not trying to argue for the dates to move beyond March, I would love if they go beyond march but I am just trying to understand the logic that why would someone issue an RFE beyond x date when you know that x is the max you can go to. I understand x+1 move to build up some buffer in case all RFE's dont get a response but dont understand why would you do x+10. This gives me two indications:
1) The automated system that is or was generating the RFEs was not given a End date and was only given some other parameters/conditions.
2) There is something missing that we dont understand.

The automated system does notification...its the processing officer that makes the call on RFE.

As far as going beyond Feb...there was an article a while back about how the USCIS actually works...there are boxes of cases that officers pull off a shelf (literally). So there might be a few March cases in the Feb box. just another theory.

[indiani]

Sending the evidence quickly might not have an impact on the date of GC issuance, if the difference is for a few days.
I am using attorney and most likely it might be next week that attorney will be able to send the evidence,
as I think the USCIS might just pre-adj after they get response or keep the RFe response in our file and review in aug/sept.,

any advantage if we are able to send few days earlier?

even though I had everything I needed, attroney got RFE, so I asked them to send response, just to make sure I am not missing anything and also in case problems arise in aug/sept. I can have them contact uscis.

[bvsamrat]

What ever may be the reason, if there is always a chance that few % demand cases will miss bus due to delay or inability to respond in time. This would cause upward shift beyond predicted dates ie.. 2nd half of 2008.



You seem to be focusing all the time on consultants. Get over it. What a fancy speculation !

[ontheedge]

So the mass produced RFE was received today, and of course it asks for EVL for my spouse and child. A few questions -

1. Since my spouse is employed, should we send an EVL anyway?
2. Since they have requested the latest I-94s (albeit related to continuous employment which doesnt apply to her), should we wait for her to come back from a trip to India? She is leaving on 6/29 and coming back on 7/16. If we send in the current I-94, there are chances that the RFE response may not be reviewed before she comes back with a new I-94. Is that a potential RFE again?

Cancelling the trip is not a welcome option as she is travelling for a parent's surgery.

Any insight is greatly appreciated. I hope responding after 7/16 doesnt result in another inordinate wait.

[gcq]

What ever may be the reason, if there is always a chance that few % demand cases will miss bus due to delay or inability to respond in time. This would cause upward shift beyond predicted dates ie.. 2nd half of 2008.
All of these cases will respond in time and they all will be approved. Moreover 2008 is already far fetched. IMO dates won't move to 2008. I myself know lot of people from 2007 who were not approved last time due to USCIS mishandling of priority dates. There were a whole bunch of 2007 filers whose files were totally missed by USCIS. Instead they went on approving 2008 cases. So there is lot of backlog of 2007 cases.

[Kanmani]

ontheedge,

I-94 policy has been changed recently, there is no need for the CBP to handle physical I-94, If your wife submits the last I-94 on June 29, there won't be any new card delivered on her return journey at the port of entry. They are going to maintain electronically.

This policy is very recent and I have very little info, you may have to ask your attorney for further details whether this policy has significance in your case.

Note: Don't take this as a legal advice.

[Kanmani]

ontheedge,

On further digging into the matter, we should download the I-94 from the CBP website for our other purposes. No need to submit on Air/Sea departure.....https://help.cbp.gov/app/answers/detail/a_id/1688/kw/i94

For Further information find the following links

http://cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/
http://cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/interim_final_rule_update.xml

Looks like the above information is of no use in your case!

[ontheedge]

ontheedge,

On further digging into the matter, we should download the I-94 from the CBP website for our other purposes. No need to submit on Air/Sea departure.....https://help.cbp.gov/app/answers/detail/a_id/1688/kw/i94

For Further information find the following links

http://cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/
http://cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/interim_final_rule_update.xml

Looks like the above information is of no use in your case!

Thanks, Kanmani. As always, you have a wealth of information. I was aware of the new procedures, and I spoke to a lawyer who seemed to think submitting an older I-94 with the RFE, and then the officers seeing a new I-94 in the system *may* be an issue. I cannot comprehend why, though. If the RFE response is received by the Service Center before my wife travels, shouldn't it be clear that the I-94 current at the time of response was provided? I'm just leery of sending my RFE response now, and my wife and son's later. The whole dilemma is centered around the unknown - when will the RFEs be picked for processing? Immediately or in a month or so?

[indiani]

The massive RFE's are non-sensical and here is why:

1. why don't they have h-1B and EAD's issued in their system ( don't have have some sort of evidence in some govt. system when issued and then why not share? )
2. many don't need to prove again ( who send 1st RFE for EVL 6 months ago )
3. some jobs you don't need to worry abt continued eligibility for anyone with some common sense
4. identical RFE's asking 2 year old for EVL is a JOKE!!

[indiani]

I have a feeling that once RFEs are received USCIS will start clearing the cases up to Feb 2008. He has included some March cases so that in case some RFEs are not cleared no visas are wasted. I think it is a smart way to do things this time around. Nobody who is not in US for whatever reason does not get a visa at the same time all law firms are happy with more revenue(at least my law firms has clearly indicated that they would charge)

everything in this country is done to help lawyers b'cos they are the ones who make laws ( most politicians are lawyers ) and in fact all laws are written by capitol hill lawyers.

They get paid to lie sometimes, I would have spent directly and indirectly 50K+ on lawyers

[Kanmani]

Ontheedge,

From the moment I learnt the new I-94 policy to this day, until my first post, I thought there is going to be no role of I-94 in the uscis correspondences hereafter. But after gone through that download option for other purposes, concluded that they ain't going to get rid of it .

Yes you are correct, I doubt they might check the RFE response date with that of recent travel date, there are chances that they will look for the latest I-94 even though it already exists in their system. Strange procedure.

One piece of advice is send the response all at once, family files are kept together in the same box, as per the article. referred above by vizcard .

I don't know what to say, its finally your decision, but July 16 is not too late to reply, at least 2 more weeks left to reach August 1st.

[druvraj]

Indiani,

Let me try to address some of your points.

3 & 4 although correct for a customer/outsider is actually a administrative nightmare. It is easy to just send out RFE for all and when the time to issue visa comes officer can make a subjective decision like 2 yr old no EVL fine or if Doc really don't need to check continued eligibility.

on your point 1 -> you are talking about intra-department(different cities) communication and we all know how well these non-critical departments are efficient. So again in order to use all the visas effectively ask every who are within striking distance of the expected spillover prove again your credibility and we will issue you a GC.

Mind you all law firms will actually like this as this is more revenue for them when most of the work will be taken care by the paralegal and the attorney will look at 1 case for approx 2-5 mins.

[indiani]

Indiani,

Let me try to address some of your points.

3 & 4 although correct for a customer/outsider is actually a administrative nightmare. It is easy to just send out RFE for all and when the time to issue visa comes officer can make a subjective decision like 2 yr old no EVL fine or if Doc really don't need to check continued eligibility.

on your point 1 -> you are talking about intra-department(different cities) communication and we all know how well these non-critical departments are efficient. So again in order to use all the visas effectively ask every who are within striking distance of the expected spillover prove again your credibility and we will issue you a GC.

Mind you all law firms will actually like this as this is more revenue for them when most of the work will be taken care by the paralegal and the attorney will look at 1 case for approx 2-5 mins.

Everything you said make perfect sense

[kpt112107]

RFE is to prove "Continuous emplolyment. Following documents needs to be submitted.

1. All EAD cards for you and your spouse;
2. All H-1B and/or H-4 approvals for you and your spouse since date of filing 485;
3. I-94 from passport - the white card - for you and your spouse;
4. 2 recent passport size photos for you and your spouse;
5. Current home address;
6. If you travelled on AP - then All AP docs for you and your spouse;
7. If you are NOT working for the Petitioning employer - then you will need to file AC21. Please confirm whom you are employed by. AC21 requires an additional legal fee;
8. 3 recent pay stubs for you;
9. W-2 for 2011 and 2012 for you;
10. Legal fee as per the attached invoice.


Got RFE for myself & dependent as well. I will post the reason for RFE once after I received notice.

FYI: Got first RFE on 2 Mar 2012 (for BC, even we kept all documents with application itself) and replied on 23 Mar 2012. Status changed to "Response under review". All of sudden we got RFE today again.

[indiani]

RFE is to prove "Continuous emplolyment. Following documents needs to be submitted.

1. All EAD cards for you and your spouse;
2. All H-1B and/or H-4 approvals for you and your spouse since date of filing 485;
3. I-94 from passport - the white card - for you and your spouse;
4. 2 recent passport size photos for you and your spouse;
5. Current home address;
6. If you travelled on AP - then All AP docs for you and your spouse;
7. If you are NOT working for the Petitioning employer - then you will need to file AC21. Please confirm whom you are employed by. AC21 requires an additional legal fee;
8. 3 recent pay stubs for you;
9. W-2 for 2011 and 2012 for you;
10. Legal fee as per the attached invoice.

why not just send the ONLY evidence asked, why volunteer others.,

EVL+ EAD should be enough ( if H-1B is present that can be added )

[kpt112107]

I don't know. I just provided whatever list given by attorney. (One more thing is...they are going to get EVL from Employer)

why not just send the ONLY evidence asked, why volunteer others.,

EVL+ EAD should be enough ( if H-1B is present that can be added )

[san312]

Hi

Anybody in DC area or NOVA got RFE letter in mail, do I get a copy or both me and my attorney will get a copy.

Thanks

[druvraj]

I don't know. I just provided whatever list given by attorney. (One more thing is...they are going to get EVL from Employer)

Guys,

My lawyer is charging me $750 to process RFE for my wife and I. Are other lawyers charging and if they are would like to know how much if possible.

[kpt112107]

My attorny charging $250 each..

Guys,

My lawyer is charging me $750 to process RFE for my wife and I. Are other lawyers charging and if they are would like to know how much if possible.

[NOV2007]

Kpt112107,

On your first RFE why did USCIS ask you for "Photocopy of BC"? wasn't this sent for the first time when your I485 was filed?


My attorny charging $250 each..

[RRRRRR]

Hi All,

Any idea if the recently issued RFE's related to I485 come to the applicant or to the lawyer or to both. Thanks

[kpt112107]

I kept all stuff with initial applications. Still they asked for both of US. Even attorney said that "USCIS does this lot of times...but no option to us except responding." Got latest affidavits from India and submitted along with DL, PP page & 10th marks list.

Kpt112107,

On your first RFE why did USCIS ask you for "Photocopy of BC"? wasn't this sent for the first time when your I485 was filed?

[kpt112107]

In our case, both times it went to attorney only..

Hi All,

Any idea if the recently issued RFE's related to I485 come to the applicant or to the lawyer or to both. Thanks

[RRRRRR]

In our case, both times it went to attorney only..

Thank you, i am reading mix responses, sometime it goes to attorney and sometimes to both. I am not sure if it is based on the information which is needed.

[kingvish]

I go the same RFE for both me and my wife asking for continuous employment verification letter.

I have some questions:

I changed my job after I got my EAD from Employer A (I140 sponsor) - B (after 180 days pending AOS) - C (after 45 days). Currently working for Employer C using EAD. Do I need to provide a EVL for Employer B too? Should the offer letter be sufficient?

I was thinking of providing Offer letters from Employers A, B, and a EVL from C.

Also, I have received the same RFE for my wife and she does not work. What evidence should I be providing?


Thanks!

[IJune05]

RFE from NSC?

Couldn't find anyone asking this question - has anyone whose AOS was originally filed in NSC got a RFE during this frenzy?

Thanks

[thallo]

I am new to this forum.
My spouse and my child (10 years) received the RFE for EVL (derivatives). Being a primary applicant so far no REE for me. Is some one is in the same situation ?
Gurus please advice me as my spouse ( working on EAD) is going to Italy for official purpose in the month of July for 10-15 days. His I-94 will change when he will be back. Should I go ahead and respond the RFE or wait for him to come back and then reply for RFE. Gurus and Pandit please respond.

Thanks

[gcq]

I go the same RFE for both me and my wife asking for continuous employment verification letter.

I have some questions:

I changed my job after I got my EAD from Employer A (I140 sponsor) - B (after 180 days pending AOS) - C (after 45 days). Currently working for Employer C using EAD. Do I need to provide a EVL for Employer B too? Should the offer letter be sufficient?

I was thinking of providing Offer letters from Employers A, B, and a EVL from C.

Also, I have received the same RFE for my wife and she does not work. What evidence should I be providing?


Thanks!
Provide only the EVL from the current employer. Past employment EVLs are not needed. When it comes to USCIS ( any other government departments ) less is always better. Don't confuse them with too much information which they don't need anyway.
The EVL requirement for GC is that you should have a "same or similar" job when the application is being approved. You could even be non-working in the past as long as you were NOT on H1.

[san312]

Lawyer got RFE yesterday asked to get
1) 797 Notice of Action
2) I-94
3) EAD/AP
4) EVL

For Secondary
1) 797 Notice of Action
2) I-94
3) EAD/AP

[thallo]

I am new to this forum.
My spouse and my child (10 years) received the RFE for EVL (derivatives). Being a primary applicant so far no REE for me. Is some one is in the same situation ?
Gurus please advice me as my spouse ( working on EAD) is going to Italy for official purpose in the month of July for 10-15 days. His I-94 will change when he will be back. Should I go ahead and respond the RFE or wait for him to come back and then reply for RFE. Gurus and Pandit please respond.

Thanks

[thallo]

Please respond

[GCKnowHow]

Please respond

check this post http://www.qesehmk.org/forums/showthread.php/2138-2013-RFE-Frenzy?p=36500#post36500
Question for this reply is available few posts above. Quite similar to your case.

[qesehmk]

It depends ..

Does your husband have any other visa to use just in case the response to RFE results into denial of 485 which would mean his AOS and AP become invalid. So consider that.

If this is not a concern and/or you can wait until he returns .. by all means wait till he comes back.


I am new to this forum.
My spouse and my child (10 years) received the RFE for EVL (derivatives). Being a primary applicant so far no REE for me. Is some one is in the same situation ?
Gurus please advice me as my spouse ( working on EAD) is going to Italy for official purpose in the month of July for 10-15 days. His I-94 will change when he will be back. Should I go ahead and respond the RFE or wait for him to come back and then reply for RFE. Gurus and Pandit please respond.

Thanks

[kingvish]

Provide only the EVL from the current employer. Past employment EVLs are not needed. When it comes to USCIS ( any other government departments ) less is always better. Don't confuse them with too much information which they don't need anyway.
The EVL requirement for GC is that you should have a "same or similar" job when the application is being approved. You could even be non-working in the past as long as you were NOT on H1.

Thanks a lot gcq!

I will just provide EVL from current employer, I797 notice of action for 485, I-94, EAD/AP

Any advice regarding my wife's RFE? Same as above except EVL as she is not working?

[druvraj]

Has anyone replied to the RFE issued on June 14?

[gcq]

Thanks a lot gcq!

I will just provide EVL from current employer, I797 notice of action for 485, I-94, EAD/AP

Any advice regarding my wife's RFE? Same as above except EVL as she is not working?

Is she purely a dependent applicant ? Has she ever worked in the past ?
If she has never worked in the past, answer is straightforward - mention that she never worked so doesn't have an EVL.
If she has worked in the past , you could provide the work authorization from the past and maybe a proof of employment. And also clearly mention that she is only a derivative on the application.

( Disclaimer: I am explaining the logic of responding, not the exact wording. I am not an attorney or even legally trained. )
I would recommend using a decent attorney to reply to this RFE. Why mess up your application for a $750 attorney fee ?

[kingvish]

Is she purely a dependent applicant ? Has she ever worked in the past ?
If she has never worked in the past, answer is straightforward - mention that she never worked so doesn't have an EVL.
If she has worked in the past , you could provide the work authorization from the past and maybe a proof of employment. And also clearly mention that she is only a derivative on the application.

( Disclaimer: I am explaining the logic of responding, not the exact wording. I am not an attorney or even legally trained. )
I would recommend using a decent attorney to reply to this RFE. Why mess up your application for a $750 attorney fee ?

Thanks again gcq!

She has never worked.

I agree with your recommendation.

[RRRRRR]

Hi All,

I got the email on 6/14 regarding RFE issuance and have not received it yet. Any idea how long it take to receive it. My lawyer says they have not received it yet and i am just wondering if there are more people on the forum who have not received it yet

Thanks

[dreamer]

RRRRRR,

I have a friend in similar situation but he is on EB3 (current as of Jun 2013 bulletin) and waiting on RFE. His lawyer is going to call USCIS to find out more details and you can ask your lawyer for the same.



Hi All,

I got the email on 6/14 regarding RFE issuance and have not received it yet. Any idea how long it take to receive it. My lawyer says they have not received it yet and i am just wondering if there are more people on the forum who have not received it yet

Thanks

[RRRRRR]

RRRRRR,

I have a friend in similar situation but he is on EB3 (current as of Jun 2013 bulletin) and waiting on RFE. His lawyer is going to call USCIS to find out more details and you can ask your lawyer for the same.

Thanks Dreamer.

[druvraj]

Has anyone filed their RFE response? am still waiting on my lawyers review.

[dreamer]

Hi Everyone,

One of my friend have got RFE on 14th June 2013 but is still waiting for more than 2 weeks to get his physcial RFE in hand and he is really getting Worried, I would really appreciate if you can provide your input on this. Please find his details below

My friend is on EB3 and his date is current as of 01 Jun 2013. Like most people, on 14th June 2013, he received email alert saying 485 RFE has been sent. He waited for a week and since he didn't get physical RFE in hand, he went to local USCIS and they said it went to his old address. Even-though he have filed AR-11 in 2012 but forgot to update on Pending 485. My friend and his attorney both moved since they filed his I-485. On 25th Jun 2013, my friend filed AR-11 along with step-2 for pending applications and his Attorney Office called USCIS office to change their address over the phone to reflect new addresses. My friend got email confirmation for address change and his online status went from RFE to Initial Review due to address change. His Attorney has filed G-28 on 25th Jun 2013 for the request to resend RFE and USCIS received on 28th June 2013. We have below question:

His status is still showing Initial review due to the address change, how can we confirm that his RFE is resent? How long will this process typically take?
What other options do we have to know content of RFE or to get RFE sooner? (My friend went to local USCIS but not luck on the RFE content)
What are the alternatives to get the missing RFE? Is anything we that have to do after filing New G-28 by attorney,AR-11, Request for resend.
Since its already 16 days and he don't RFE in his hand, what options do we have, If we get RFE and time is very short to submit all requested documents for RFE
My friend is not working for his GC sponsoring employer and didn't file AC21 when he switched to his current employer couple years back. His current employer is willing to provide supporting documents for 485, do you think we can file AC-21 along with RFE now?
Since he is on EAD, he is really getting worried what if 485 got rejected. I hope it doesn't go there, What are his options to file H1B, Request for Motion, etc?


Please respond with your inputs, any help or information in this regard is greatly appreciated.

[Kanmani]

Dreamer,

A lot more is going on in your friend's case.

1. We cannot conclude anything from the online case status , re-sending may take a week or above.

2. None.

3. Contact USCIS L-2 over phone, if possible open a service request to resend the RFE.

4. RFE not in hand for over 16 days is because of your friend's blunder as he was not reachable by uscis. I-485 related RFEs usually have 84+3 days to respond, try to get the hard copy as soon as possible by calling the uscis few times, final option is local congressman/senator.

5. Invoking AC-21 is nothing but simply sending new EVL and change of attorney (G-28). The later part is done, only EVL is left.

6. Switching to H1b is possible only before rejection.

[Umesh1209]

Hi,

May I know you mean by - Even-though he have filed AR-11 in 2012 but forgot to update on Pending 485?

I am on H1b and have EAD. I moved. I filled just one AR 11 form. May be I missed something. Can some one help me if we need to do something more?

Thanks !

[GCKnowHow]

Hi,

May I know you mean by - Even-though he have filed AR-11 in 2012 but forgot to update on Pending 485?

I am on H1b and have EAD. I moved. I filled just one AR 11 form. May be I missed something. Can some one help me if we need to do something more?

Thanks !

When you have any pending application with USCIS you have to file change of address with USCIS. Check below link
https://egov.uscis.gov/crisgwi/go?action=coa?xyzallow

[Kanmani]

Umesh,

Filing AR-11 is a two step process, upon submitting the completed form, we will be directed to update the current address on all our pending applications (if any) with USCIS.

In the above situation, the applicant completed only the first step which is mandatory for all immigrants irrespective of any pending applications.

[dreamer]

Kanmani,

Thanks a lot for your input. I really appreciate your time.

His lawyers office tried to contact USCIS today & they have asked them to contact again on Friday (07/05). Is it OK for my friend to call USCIS directly & ask for L2? What's the process to open service request?


Dreamer,

A lot more is going on in your friend's case.

1. We cannot conclude anything from the online case status , re-sending may take a week or above.

2. None.

3. Contact USCIS L-2 over phone, if possible open a service request to resend the RFE.

4. RFE not in hand for over 16 days is because of your friend's blunder as he was not reachable by uscis. I-485 related RFEs usually have 84+3 days to respond, try to get the hard copy as soon as possible by calling the uscis few times, final option is local congressman/senator.

5. Invoking AC-21 is nothing but simply sending new EVL and change of attorney (G-28). The later part is done, only EVL is left.

6. Switching to H1b is possible only before rejection.

[Kanmani]

If the attorney is putting effort into it , let them do it. They have the knack . Wait until Friday to decide further.

Service Request is done by contacting the L-2 officer, they'll fill out a form online along with our questions regarding our case, later we'll receive a formal reply letter from uscis.

[dreamer]

Thanks Kanmani!!

[dreamer]

Umesh,

As Kanmani mentioned, its two step process. After updating AR-11, you will see select pending applications as shown below, select highlighted section and enter all the pending I-485 case details. Even if you have submitted AR-11 recently, I guess you can redo AR-11 to go to this second step.

445


Hi,

May I know you mean by - Even-though he have filed AR-11 in 2012 but forgot to update on Pending 485?

I am on H1b and have EAD. I moved. I filled just one AR 11 form. May be I missed something. Can some one help me if we need to do something more?

Thanks !

[tackle]

fyi: My Lawyers received a notice (Notice date 06/26) from USCIS saying that the RFE that was sent to my wife with the text "You are an Employment-Based Principal Applicant" was sent by mistake and that we don't need to respond for it. They also mentioned that if we received any other RFEs we'll still need to respond.

[Umesh1209]

Kanmani,

Thanks a lot. I am not sure, if I did that as well. I appreciate your help. I let my attorney know that we need to call the USCIS to change the address.

Thanks !

Umesh


Umesh,

Filing AR-11 is a two step process, upon submitting the completed form, we will be directed to update the current address on all our pending applications (if any) with USCIS.

In the above situation, the applicant completed only the first step which is mandatory for all immigrants irrespective of any pending applications.

[Umesh1209]

Thanks !

If I can do it myself. I would prefer that approach

[Kanmani]

fyi: My Lawyers received a notice (Notice date 06/26) from USCIS saying that the RFE that was sent to my wife with the text "You are an Employment-Based Principal Applicant" was sent by mistake and that we don't need to respond for it. They also mentioned that if we received any other RFEs we'll still need to respond.

tackle,


I was aware of this from trackitt, that USCIS is sending followup notices and accepting its mistake , the OP was bombarded for fraudulent information.

Thank you for letting us know that the second notice is true indeed !

[indiani]

my case status changed from response review to intial review
I applied last year april and I received RFE like everyone else and once I responded , I received email about " response review ", now suddenly this email:
"

The last processing action taken on your case


Receipt Number: SRC......


Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS


Your Case Status: Initial Review


On July 2, 2013, we received your correspondence for your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS . You will receive a notice in the mail when further action is taken on this case. Please check our website at www.uscis.gov for further updates on your case. If you move, please use our Change of Address online tool to update your case with your new address.


During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.



If you have questions or concerns about your application or the case status results

listed above, or if you have not received a decision from USCIS within the current

processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
"

[indiani]

after about 80 minutes spoke to L2 regarding changing to intial review from "response review". her reply was "it is under review, thats why the status has changed".

I suspect they are either changing everyone's status to intial review (after massive RFE ) after the file is either looked by someone or some other event happening, either way I think we just have to wait until PD is current and may be after a week or 2 weeks check status if no GC yet

[san312]

Same here my case status also changed to Initial Review today.

[druvraj]

I just received a email from my attorney that RFE issued to my wife was in error. Only the principle application has received the RFE. I am yet to get the RFe letter that was issued on June 14. I am starting to get a little worried about all this.

[NOV2007]

Hi Indiani,

Do you know how much it cost for medical exam(I693) per person? If having health insurance any beneficial in this medical examination cost? And other question I have is do I need to book an appointment before hand or there plenty of surgeons available with whom I can get examination done? Thanks in advance for you quick reply.:D










my case status changed from response review to intial review
I applied last year april and I received RFE like everyone else and once I responded , I received email about " response review ", now suddenly this email:
"

The last processing action taken on your case


Receipt Number: SRC......


Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS


Your Case Status: Initial Review


On July 2, 2013, we received your correspondence for your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS . You will receive a notice in the mail when further action is taken on this case. Please check our website at www.uscis.gov for further updates on your case. If you move, please use our Change of Address online tool to update your case with your new address.


During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.



If you have questions or concerns about your application or the case status results

listed above, or if you have not received a decision from USCIS within the current

processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
"

[indiani]

Do you know how much it cost for medical exam(I693) per person?

few hundreds of dollars

If having health insurance any beneficial in this medical examination cost?

most insurances dont cover

And other question I have is do I need to book an appointment before hand or there plenty of surgeons available with whom I can get examination done?


done by pcp ( not surgeon ) and in most places they can see you in less than a week, they should have certification from govt., not any pcp is eligible to do. you should ask the office staff about this specifically before you make appointment

[indiani]

I just received a email from my attorney that RFE issued to my wife was in error. Only the principle application has received the RFE. I am yet to get the RFe letter that was issued on June 14. I am starting to get a little worried about all this.

nothing to worry, usics is fixing the problem they creating by sending wrong RFE to derivatives

[tackle]

My case status is still "Request for Evidence Response Review". I notice some of you have seen it change to "Initial Review". Is that the norm? Does that mean, they have not processed my RFE response yet?

[TeddyKoochu]

My case status is still "Request for Evidence Response Review". I notice some of you have seen it change to "Initial Review". Is that the norm? Does that mean, they have not processed my RFE response yet?

Response Review is fine they will review your case after 1st Aug when your date becomes current and hopefully it will change to card production ordered.

[tackle]

Response Review is fine they will review your case after 1st Aug when your date becomes current and hopefully it will change to card production ordered.

Thanks Teddy. Good to see you here after a long time.

[tackle]

I got sms notifications for both the cases (primary & dependent) just a few minutes back. It said my case status has changed. But I checked status online and there hasn't been any change. LUD on both the cases is still Jun 21 2013.

[RRRRRR]

I got sms notifications for both the cases (primary & dependent) just a few minutes back. It said my case status has changed. But I checked status online and there hasn't been any change. LUD on both the cases is still Jun 21 2013.

I also received the SMS notification although the last updated date remains 06/14/2013. I am not sure what is the significance of this SMS. Thanks

[RRRRRR]

I also received the SMS notification although the last updated date remains 06/14/2013. I am not sure what is the significance of this SMS. Thanks

Hi Teddy / All,

Its been a week that my RFE response was received by USCIS and the status on the website still says RFE issued on 6/14/2013. I spoke to a L2 officer regarding this and he said sometimes it takes time to get the status update but he was not able to tell if they have received the Response or not. Although i do have the delivery confirmation which shows that the rfe response was delivered.

I guess if they are reviewing the RFE irrespective of the online status then i am ok but if in case they are not going to look at rfe until it gets entered into the system then it is a problem.

Four of my colleagues which had the same rfe and was sent on the same day, received the notification within the 24 hours and there status also got changed online.

Please suggest what can be done in this case, shall i request my lawyer to send another response or this may make the things complicated.

[RRRRRR]

Hi All,

Its been a week that my RFE response was received by USCIS and the status on the website still says RFE issued on 6/14/2013. I spoke to a L2 officer regarding this and he said, it takes sometime to get the status update but he was not able to tell if they have received the Response or not. Although i do have the delivery confirmation which shows that the RFE response was delivered and was signed by them.

I guess if they are reviewing the RFE irrespective of the online status then i am ok but if in case they are not going to look at rfe until it gets entered into the system then it is a problem.

Four of my colleagues which had the same rfe and was sent on the same day, received the notification within the 24 hours and there status also got changed online.

Please suggest what can be done in this case, shall i request my lawyer to send another response or this may make the things complicated. May be i need to wait little bit longer although my dates is getting current from 08/01. Thank you

Hi Moderators,

I posted this on the RFE thread by haven't received any response and I am posting it on this thread as it may get quick attention from all the Guru's. Please delete move it once answered or when you feel appropriate. Thanks

[vizcard]

Hi All,

Its been a week that my RFE response was received by USCIS and the status on the website still says RFE issued on 6/14/2013. I spoke to a L2 officer regarding this and he said, it takes sometime to get the status update but he was not able to tell if they have received the Response or not. Although i do have the delivery confirmation which shows that the RFE response was delivered and was signed by them.

I guess if they are reviewing the RFE irrespective of the online status then i am ok but if in case they are not going to look at rfe until it gets entered into the system then it is a problem.

Four of my colleagues which had the same rfe and was sent on the same day, received the notification within the 24 hours and there status also got changed online.

Please suggest what can be done in this case, shall i request my lawyer to send another response or this may make the things complicated. May be i need to wait little bit longer although my dates is getting current from 08/01. Thank you

Hi Moderators,

I posted this on the RFE thread by haven't received any response and I am posting it on this thread as it may get quick attention from all the Guru's. Please delete move it once answered or when you feel appropriate. Thanks

The online statuses are a little weird. I'd inform the lawyer that the online status has not changed. Get his/her opinion on what to do next. I would wait another week or so and call the L2 again.

[RRRRRR]

The online statuses are a little weird. I'd inform the lawyer that the online status has not changed. Get his/her opinion on what to do next. I would wait another week or so and call the L2 again.

Thanks Vizcard, I will check with the lawyer on this.

[GCKnowHow]

Hi Teddy / All,

Its been a week that my RFE response was received by USCIS and the status on the website still says RFE issued on 6/14/2013. I spoke to a L2 officer regarding this and he said sometimes it takes time to get the status update but he was not able to tell if they have received the Response or not. Although i do have the delivery confirmation which shows that the rfe response was delivered.

USCIS status is not very reliable last year we have seen so many cases moving from Acceptance to Card production directly.

[tech2gb]

Sorry to side track this thread - Just wanted to respond to RRRRRR that I have the same issue - Received the June 14th mass RFE (attorney received it, not me), attorney responded to RFE on July 5th - 10 business days complete now since we have responded - LUD has not changed. Informed attorney about this - None of his clients who are in the same boat as us have received an update - Keeping fingers crossed.

[kumar19]

Both me and my wife received RFE on 06/14. My attorney mentioned that USCIS notified him that RFE in my wife's case is a mistake and the Attorney responded to RFE on my case alone. My question is " my wife's case status is still showing RFE issued on 06/14. If we don't provide response to USCIS, is there any possibility that USCIS leaves the case as it is in SUSPEND mode and reject after the date to respond expired". I am planning to call USCIS and ask the same question but would like to hear from others who are in the same boat.

Thank you in advance.

[RRRRRR]

Both me and my wife received RFE on 06/14. My attorney mentioned that USCIS notified him that RFE in my wife's case is a mistake and the Attorney responded to RFE on my case alone. My question is " my wife's case status is still showing RFE issued on 06/14. If we don't provide response to USCIS, is there any possibility that USCIS leaves the case as it is in SUSPEND mode and reject after the date to respond expired". I am planning to call USCIS and ask the same question but would like to hear from others who are in the same boat.

Thank you in advance.

Hi Kumar,

Please request for the copy of notice which your lawyer got for your wife, if i remember it correctly it clearly mentioned in that notice by USCIS that the RFE was meant only for the principal applicant and we do not need to respond to that RFE and not responding to that RFE will not cause any delays.

Regarding Online case status, it i linked with your case, once your case gets approved, it will automatically get approved.


Thanks

[RRRRRR]

Please share your Suggestions based on your experience regarding this RFE issue.


Thanks Vizcard, I will check with the lawyer on this.

[RRRRRR]

USCIS status is not very reliable last year we have seen so many cases moving from Acceptance to Card production directly.

Thanks GCknowHow, changing from acceptance to card production is quiet normal. My only worry is if it's not entered into the system then there is a possibility that package is lying out there and will never be reviewed. I am not sure how it works.

[RRRRRR]

Sorry to side track this thread - Just wanted to respond to RRRRRR that I have the same issue - Received the June 14th mass RFE (attorney received it, not me), attorney responded to RFE on July 5th - 10 business days complete now since we have responded - LUD has not changed. Informed attorney about this - None of his clients who are in the same boat as us have received an update - Keeping fingers crossed.


Hi Tech2GB,

Thanks for your response and seems like we have more people like us which are having the same issue. i requested my lawyer to follow up ans she is going to do that sometime next week.

I read on some thread that USCIS kept on saying that online status is not reliable and they finally said they have not received the response(and this was couple of years back) . If something like this happens with anyone of us then it becomes a big problem. Also i guess they it take 60 days or so to follow up in case we open a SR and by that time the dates may retrogress.

Let me know how it goes.

Thanks

[tech2gb]

RRRRRR, You are right, none of us want to miss this chance of getting the cards before dates retrogress. Checked with attorney, got the tracking number, USPS site shows that it was delivered at Mesquite TX on July 10th (5 business days complete now), praying that the online status gets changed. In the meanwhile, if you guys have ideas - call L2 or whomever to get the status changed/updated, keep sharing.

Good luck.

[RRRRRR]

RRRRRR, You are right, none of us want to miss this chance of getting the cards before dates retrogress. Checked with attorney, got the tracking number, USPS site shows that it was delivered at Mesquite TX on July 10th (5 business days complete now), praying that the online status gets changed. In the meanwhile, if you guys have ideas - call L2 or whomever to get the status changed/updated, keep sharing.

Good luck.

response
Update from my end is that my lawyer is going to follow up with USCIS sometime next week, although I have to request them that once they speak to L1//L2 then they need to make sure to get the status update in written(say for example if USCIS confirms that they have received the RFE) irrespective of the status which is being shown online. The reason i am requesting this is because of the following link. I will update you once I hear back from them.


http://****************.org/forum/archive/index.php/t-1043121.html

[RRRRRR]

Hi Tech2B,


Any updates on your status. Thanks

Hi All,

Do we have more people in a similar situation where RFE has been sent and received and the online status still shows RFE issued. Thanks

[tech2gb]

Yes sir, small update - called USCIS L1 - reached L2 to validate address - long waiting line - so left a call back number on L2 - L2 called back within a couple of hrs - confirmed that the address in the system is right, said my case is "Pre-adjudicated-under-review", asked me to wait one more week for online status change (then call again) - me tried to question more - if anything else in my case that he could see - he said "Pre-adjudicated-under-review" and that online status do not get updated sometimes (consolation) - he was nice, polite, patient - same procedure - spouse called L1/L2- case is "Pre-adjudicated" (no under review) and updated to "No RFE required" in the system - will wait and see and call after Aug 1st

[RRRRRR]

Yes sir, small update - called USCIS L1 - reached L2 to validate address - long waiting line - so left a call back number on L2 - L2 called back within a couple of hrs - confirmed that the address in the system is right, said my case is "Pre-adjudicated-under-review", asked me to wait one more week for online status change (then call again) - me tried to question more - if anything else in my case that he could see - he said "Pre-adjudicated-under-review" and that online status do not get updated sometimes (consolation) - he was nice, polite, patient - same procedure - spouse called L1/L2- case is "Pre-adjudicated" (no under review) and updated to "No RFE required" in the system - will wait and see and call after Aug 1st

Thanks you Sir. coincidentally I also spoke to the L2 officer in the evening, he said the only thing i see is the RFE was issued in 06/14/2013 and they are waiting for the response. I told him that the package was delivered approx two weeks back and then he kept me on a brief hold and said he is going to open a ticket with the TSC service center to locate the package. He said it may take two weeks before i hear back from them. I offered him to give him the fed ex number but he said he does not need it and it will not help as according to him they will be able to track it by name.

I am not sure if opening this ticket will help but i am hoping for the best.

[tech2gb]

RRRRRR - just checking, any update from your side - I have resent the RFE response package again today to Mesquite address (will probably reach tomorrow).

[RRRRRR]

RRRRRR - just checking, any update from your side - I have resent the RFE response package again today to Mesquite address (will probably reach tomorrow).


Mine got updated on 08/05, saying Response under review. Good luck.

[RRRRRR]

RRRRRR - just checking, any update from your side - I have resent the RFE response package again today to Mesquite address (will probably reach tomorrow).

Hi Tech2b,

just an update i received the CPO emails yesterday, Thank you for all your help.

[tech2gb]

Hi Tech2b,

just an update i received the CPO emails yesterday, Thank you for all your help.

Congratulations RRRRRR, Just wanted to circle back and let you know that I got the physical cards yesterday. Thanks to everybody in the forum for their help.