The FY2014 RFE Thread

[venkat]

Thanks once again Viz. My attorney confirmed to me that my documents reached USCIS yesterday around 10am based on the USPS tracking number that he gave.

One final question and i won't bother you again. Did you receive the text/email on June 12th itself or on the 13th and if so at what time?

I haven't received the email/text yet and my online status still says "Initial Review" .




Got a text and email with status change. See below. I was told by USCIS that occasionally they have system glitches with the email/text service which is why I didn't get a notification when RFE was issued.

---------

On June 12, 2014, we received your response to our request for evidence. This case is being processed at our TEXAS SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.


Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence.

---------

[SONU77]

My status changed from RFE Response review to Initial Review with following e-mail text. I know others have also reported same thing but has anyone started to see requests for another round of finger printing?

""[I][I]Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS


Your Case Status: Initial Review


On June 19, 2014, your address was changed relating to the I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.


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.


*Current processing times can be found on the USCIS website at www.uscis.gov under Check Processing Times.""

[vizcard]

Thanks once again Viz. My attorney confirmed to me that my documents reached USCIS yesterday around 10am based on the USPS tracking number that he gave.

One final question and i won't bother you again. Did you receive the text/email on June 12th itself or on the 13th and if so at what time?

I haven't received the email/text yet and my online status still says "Initial Review" .

No bother at all. That's what this forum is for - to share info and experiences. :)

My attorney (Fragomen) sent me an email on 6/11 at 8pm ET that they had filed the response. I got the USCIS email on 6/12 at 6:45pm ET. I wouldn't worry about getting a confirmation text / email. They told me that they have these email/ text glitches. I would wait till Friday and give them a call to confirm. In any case, if the parcel service tracking confirms delivery, then you should be good.

[vizcard]

My status changed from RFE Response review to Initial Review with following e-mail text. I know others have also reported same thing but has anyone started to see requests for another round of finger printing?

""[I][I]Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS


Your Case Status: Initial Review


On June 19, 2014, your address was changed relating to the I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.


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.


*Current processing times can be found on the USCIS website at www.uscis.gov under Check Processing Times.""

That is a canned statement for the "Initial Review" status. This just confirms that you changed your address. So assuming you did in fact change your address, you should be good to go.

[SONU77]

Viz,

Thanks for the quick response. I didn't change any address. Only thing that I can think of is that along with the RFE response; submitted a G-28 form; since the attorney filing the RFE response was different from the one who filed the I-485 application in January 2012.

[vizcard]

Viz,

Thanks for the quick response. I didn't change any address. Only thing that I can think of is that along with the RFE response; submitted a G-28 form; since the attorney filing the RFE response was different from the one who filed the I-485 application in January 2012.

That could very well be it.

[dreamer]

Hi Harapatta,

I am in the similar situation to yours, I received email & Txt notification on June 5th saying RFE has been sent but U have received it till date. My lawyer emailed me Jun 17th that they have recieved the RFE for medicals. My PD is 29 Sep 2008 EB2I with NSC.

I have updated address mid last year around Aug 2013 using online AR-11 with pending applications option and have got the confirmation of address change in mail back then and have seen status update about the same on USCIS Case status online. I have to call and check with USCIS as they asked me to wait for 2 weeks since I filed the application.


geevikram,

I received notification in email+text on June 4th saying RFE has been sent on June 4th. PD 15AUg2008 EB2I.NSC
I still have not received it in my mail as of June 18th.
But MY attorney received it on June 11th.

I was also very concerned. I called L2 officer and verified my address is correct since I moved but had filed AR-11 in NOv 2013. L2 said they have recieved new address.
I also contacted my current USPS office and asked what can be done to ensure I recieve mail I spoke to supervisor there who was helping people in line. But he did like me questioning such things and tols that they will deliver what they get and they dont keep anything at USPS incase it mislabelled or something. (I had previously bad experiece with USPS in 2012 when they lost my EAD card).
I also check with my old city USPS but of no use too.




My attorney sent my RFE response on June 16th. BUt I have not received any notification if they received it like what Viz said?

[harapatta2012]

Interesting.
I have already sent my RFE response even though I did not receive it directly but only my lawyer received it.
I dont think you have to wait to receive this if your lawyer already received it.

Yes calling USCIS is not an issue to confirm address.




Hi Harapatta,

I am in the similar situation to yours, I received email & Txt notification on June 5th saying RFE has been sent but U have received it till date. My lawyer emailed me Jun 17th that they have recieved the RFE for medicals. My PD is 29 Sep 2008 EB2I with NSC.

I have updated address mid last year around Aug 2013 using online AR-11 with pending applications option and have got the confirmation of address change in mail back then and have seen status update about the same on USCIS Case status online. I have to call and check with USCIS as they asked me to wait for 2 weeks since I filed the application.

[RoosterC]

I sent in the RFE response on Monday and USCIS status changed from "RFE sent" to "RFE Response review" on Tuesday. Approximately how long does it take for the USCIS to review the RFE response. Will there be a status change again if the USCIS has reviewed the response and is satisfied?

[dreamer]

I have got Medical RFE, got an appointment with civil surgeon in my area and will be sending them out soon to my lawyer. I will call USCIS to confirm address soon so that there will be no issues in the future. If you don't mind please let me know if you have any updates and I'll do the same.


Interesting.
I have already sent my RFE response even though I did not receive it directly but only my lawyer received it.
I dont think you have to wait to receive this if your lawyer already received it.

Yes calling USCIS is not an issue to confirm address.

[qbloguser]

Got RFE today for myself and dependent- case status updated but don't know what is it about. They are looking at my file..whoo!!

[vizcard]

I sent in the RFE response on Monday and USCIS status changed from "RFE sent" to "RFE Response review" on Tuesday. Approximately how long does it take for the USCIS to review the RFE response. Will there be a status change again if the USCIS has reviewed the response and is satisfied?

That status is "Decision". Essentially there are 3 ways it could go now. They could ask for more info (another RFE), Approve or send a Notice to Deny. 99.9% likelihood will be Approval.

[Sirisha]

I got RFE for employment letter along with medical report



his policy is reflected in Chapter 23.5(f)(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 1-485 to the present. Such evidence may include copies of:
- Employment Authorization Documents (EADs, Forms 1-688 or 1-766) granted to you by USCIS
- Form 1-797 approval notices, showing you were granted status in an employment-authorized
nonimmigrant classification, or
- Copies of Form 1-94 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 1-140) 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 1-140 employer, you may be eligible to adjust pursuant to visa portability under
section 204(j) of the Immigration and Nationality Act if:
- Your Form 1-485 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 1-140 job.

Note that the current job offer letter from your original or new employer must state the title and duties
of the offered position, the minimum educational or training requirements, 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 Welcome to Travel.State.Gov under 'Visas'. Even though you have 87 days to respond to this
Request for Evidence, the sooner you respond the sooner USCIS may be able to finalize your case if and
when a visa becomes immediately available to you.

I changed company and filed AC 21, so my attorney is sending these:
1) Employment letter
2)My EAD Cards and I797
3) my H1 797
4)Medical forms

[venkat]

You were spot on Viz. I got the 'RFE Response Received' status email at 7pm ET today. But I didn't get the text but that's ok :cool:



No bother at all. That's what this forum is for - to share info and experiences. :)

My attorney (Fragomen) sent me an email on 6/11 at 8pm ET that they had filed the response. I got the USCIS email on 6/12 at 6:45pm ET. I wouldn't worry about getting a confirmation text / email. They told me that they have these email/ text glitches. I would wait till Friday and give them a call to confirm. In any case, if the parcel service tracking confirms delivery, then you should be good.

[venkat]

Its boilerplate RFE that everyone is receiving nowadays. I'm surprised when people say don't know what it is about :)

[RMS_V13]

Lawyers sent the RFE response yesterday. Today, status changed to RFE Response Review...On pins and needles. How long would it take now? Does this mean someone is actually physically reviewing our response or is this a standard update?

VIZCARD, Since your's was sent a week ago, did you receive your decision or is it still Review status?


That status is "Decision". Essentially there are 3 ways it could go now. They could ask for more info (another RFE), Approve or send a Notice to Deny. 99.9% likelihood will be Approval.

[suninphx]

Lawyers sent the RFE response yesterday. Today, status changed to RFE Response Review...On pins and needles. How long would it take now? Does this mean someone is actually physically reviewing our response or is this a standard update?

VIZCARD, Since your's was sent a week ago, did you receive your decision or is it still Review status?

RMZ- to get decision date needs to be current. just few more weeks :)

[RMS_V13]

RMZ- to get decision date needs to be current. just few more weeks :)

So, once dates become current is it first come first served or priority date based or just random

[vizcard]

Lawyers sent the RFE response yesterday. Today, status changed to RFE Response Review...On pins and needles. How long would it take now? Does this mean someone is actually physically reviewing our response or is this a standard update?

VIZCARD, Since your's was sent a week ago, did you receive your decision or is it still Review status?


RMZ- to get decision date needs to be current. just few more weeks :)


So, once dates become current is it first come first served or priority date based or just random

Someone is or will be looking at it soon. As sun mentions, it cannot be "approved" until you are current. The boilerplate timeline is 60 days from RFE response receipt. Once dates become current its pretty random for the dates that are current in that window. You (and me for that matter) could get approved on July 1 or July 31 or even later (as long as dates are current) :P

Don't worry about it. Its the end of the long road for us.

[helpful_leo]

Our situation is this - I got the expected RFE but wife did not. Our lawyer got RFEs for both of us. Seems wife's RFE sent to our address is lost - now 3 days plus since I got it, and she still doesn't have it (same address, sent at same date).

The lawyer is telling us to just send them the new medicals and they will get the EVL and post all of them.

On this and other forums, it seems it is mostly the applicants that are responding to RFEs.
Is there any negative with the lawyer responding to the RFEs?

Our past experience with them this past 6 years, they have been quick and thorough.

Thanks!

[ksur23]

Online status changed to RFE issued on 6th and my attorney received RFE notice for me and spouse today. Today morning though we opened SR with USCIS as per the suggestion of the officer himself when I mentioned notices have not been received (I knew only late in the afternoon from the lawyer about receipt).

Should I call USCIS and cancel the SR? Will there be issues because of acting either way?

Thanks to all who respond.

[vizcard]

Our situation is this - I got the expected RFE but wife did not. Our lawyer got RFEs for both of us. Seems wife's RFE sent to our address is lost - now 3 days plus since I got it, and she still doesn't have it (same address, sent at same date).

The lawyer is telling us to just send them the new medicals and they will get the EVL and post all of them.

On this and other forums, it seems it is mostly the applicants that are responding to RFEs.
Is there any negative with the lawyer responding to the RFEs?

Our past experience with them this past 6 years, they have been quick and thorough.

Thanks!

I got it done thru my lawyers (fragomen). No issues at all. The general rap is that lawyers are slower but it's up to the individual to decide.

[vizcard]

Online status changed to RFE issued on 6th and my attorney received RFE notice for me and spouse today. Today morning though we opened SR with USCIS as per the suggestion of the officer himself when I mentioned notices have not been received (I knew only late in the afternoon from the lawyer about receipt).

Should I call USCIS and cancel the SR? Will there be issues because of acting either way?

Thanks to all who respond.

It won't affect the case but I would do it just cause it's polite. It's like canceling a reservation at a restaurant - u don't have to but it's nicer if you do. Just my opinion.

[ksur23]

It won't affect the case but I would do it just cause it's polite. It's like canceling a reservation at a restaurant - u don't have to but it's nicer if you do. Just my opinion.

Thanks. I really want to call and cancel as, like you implied, it's the decent thing to do. But I don't want another SR to be opened to cancel an existing SR and have things cascade! Anyway, I think I will call and gauge....

[harapatta2012]

I received update (email + text) today June 20th, 7 AM, RFE under review. Ditto for my wife.
Earlier my lawyer has sent application Monday , June 16th.


I have got Medical RFE, got an appointment with civil surgeon in my area and will be sending them out soon to my lawyer. I will call USCIS to confirm address soon so that there will be no issues in the future. If you don't mind please let me know if you have any updates and I'll do the same.

[RMS_V13]

Just keep following up with the lawyer. For us, the turn around time was 2 days. We just sent a very polite email that the date will be current in 2 weeks and it was done.



Our situation is this - I got the expected RFE but wife did not. Our lawyer got RFEs for both of us. Seems wife's RFE sent to our address is lost - now 3 days plus since I got it, and she still doesn't have it (same address, sent at same date).

The lawyer is telling us to just send them the new medicals and they will get the EVL and post all of them.

On this and other forums, it seems it is mostly the applicants that are responding to RFEs.
Is there any negative with the lawyer responding to the RFEs?

Our past experience with them this past 6 years, they have been quick and thorough.

Thanks!

[helpful_leo]

I got it done thru my lawyers (fragomen). No issues at all. The general rap is that lawyers are slower but it's up to the individual to decide.

Thanks - I will go ahead with them.
They have been pretty responsive all these years.
And I am anyway not current till Aug 1 (if that; Dec 08 PD)

[helpful_leo]

Just keep following up with the lawyer. For us, the turn around time was 2 days. We just sent a very polite email that the date will be current in 2 weeks and it was done.

Thanks. Yes, planning to give them regular reminders.

[RMS_V13]

My status changed today from RFE response review to Initial Review. I thought the next status is decision?

[harapatta2012]

I realized just now that I did not write A# (A number) in the medical form of RFE reply. I had seen from I filled last time (in 2012) and there I also left that box empty. But in 2012,I had filled Social security number which is not a filed to fill in recent form.

I am concerned that I might have made a mistake by not writing the A#? I still do not know what that number should be anyways
What can be effect of this now? can they send another RFE?

[vizcard]

I realized just now that I did not write A# (A number) in the medical form of RFE reply. I had seen from I filled last time (in 2012) and there I also left that box empty. But in 2012,I had filled Social security number which is not a filed to fill in recent form.

I am concerned that I might have made a mistake by not writing the A#? I still do not know what that number should be anyways
What can be effect of this now? can they send another RFE?

If you used the cover page they sent with the RFE letter, you will be fine. The A# is written on most receipt notices, approval notices and even on the RFE letter.

[vizcard]

My status changed today from RFE response review to Initial Review. I thought the next status is decision?

I guess I was wrong. It means that someone is looking at your file. Any time a status changes, someone has updated your file which is a good thing. Don't put too much stock in to the specifics of these statuses. They tend to be all over the place. It could move directly in to "decision" or "post-decision action" next. I can't for the life of it figure out why they don't have a more intuitive system. Even Dominos has a better tracking system for pizza orders.

[Jagan01]

The Fragomen bulletin said early summer. While "early summer" is open to interpretation, I don't think Oct 2009 will get current. The Oct RFEs probably indicate that Oct 2009 will be current this time next year.

My opinion is if you have a PD of mid to late 2009, you should delay doing your medical tests till early Aug. That way it will surely be valid next year. Otherwise you run the risk of having to do it all over again.

Viz,

I have PD of Jan 2009. Do you think I should go ahead and do the medical tests ?

[RMS_V13]

Vizcard, The Status Initial Review says that my address was changed on 6/20. I have not changed my address. I changed once in Nov 2012 and already filed a change then and even got my EAD renewed in 2013 Feb. Why would the status change to Initial review-Address change now?

If my lawyer is filing a G 28, I have to sign- correct?

Reason I ask is, the law firm has not changed, but may be its a different attorney within the firm that submitted my form? Could this have led to a status change?

If I did not sign a G 28, is it safe to assume that my lawyer has not changed

[pdfeb09]

Just wanted to add to an already overwhelming evidence of 2009 RFE s... I just got an email from USCIS that an RFE has been issued for my case (wife's too ).

PD: Feb 2009, service center is Texas. RFE Issued date 06/20/2014

[Pundit Arjun]

Just wanted to add to an already overwhelming evidence of 2009 RFE s... I just got an email from USCIS that an RFE has been issued for my case (wife's too ).

PD: Feb 2009, service center is Texas. RFE Issued date 06/20/2014

Same here - Received RFE SMSs and Emails. No other details yet :(

[vizcard]

Vizcard, The Status Initial Review says that my address was changed on 6/20. I have not changed my address. I changed once in Nov 2012 and already filed a change then and even got my EAD renewed in 2013 Feb. Why would the status change to Initial review-Address change now?

If my lawyer is filing a G 28, I have to sign- correct?

Reason I ask is, the law firm has not changed, but may be its a different attorney within the firm that submitted my form? Could this have led to a status change?

If I did not sign a G 28, is it safe to assume that my lawyer has not changed

Really have no idea on why the status is what it is. There probably won't have a new G28 as it the Firm that is representing you and not the specific lawyer.

[vizcard]

For those interested, I have put the template of my EVL here -> http://www.qesehmk.org/forums/showthread.php/2445-EVL-templates?p=47028#post47028

This was submitted as part of my RFE response.

[vizcard]

Viz,

I have PD of Jan 2009. Do you think I should go ahead and do the medical tests ?

I'd say wait till July 1. That way if by some chance you don't get approved your medical won't expire.

[Hopeful567]

I received update (email + text) today June 20th, 7 AM, RFE under review. Ditto for my wife.
Earlier my lawyer has sent application Monday , June 16th.

Hi,
My RFE response reached Mesquite , TX 75185 in the morning today (as per USPS tracking) . However , it has been in the 'Available for Pickup' status the whole day and there is no proof of delivery available yet. Is this normal ? When can I expect a status change confirming actual delivery ?

[zenmaster]

Just recd. RFE Email/SMS for both Primary and Dependent.
PD: May 2009
TSC
Now waiting for snail mail for details...

[RMS_V13]

Sonu77, I neither changed address recently or submitted a G 28. My status changed to Initial Review after a day in RFE Response Review. I changed address in 2012 and reported it immediately, but I would imagine getting a new FP request with the most recent RFE for EVL and Medical, if one was needed for an address change in 2012 and I did not get one



Viz,

Thanks for the quick response. I didn't change any address. Only thing that I can think of is that along with the RFE response; submitted a G-28 form; since the attorney filing the RFE response was different from the one who filed the I-485 application in January 2012.

[venkat]

Hi Hopeful567

My attorney used USPS too. Here is the sequence as per USPS tracking.
It got delivered to PO Box on Wednesday around 10am, then the next status update (Thursday 6am) was someone picking it from PO Box.

But for me the most important one was the email that i received from USCIS (Thursday 7pm) that they received the RFE response.

Hope this helps!!!


Hi,
My RFE response reached Mesquite , TX 75185 in the morning today (as per USPS tracking) . However , it has been in the 'Available for Pickup' status the whole day and there is no proof of delivery available yet. Is this normal ? When can I expect a status change confirming actual delivery ?

[Hopeful567]

Hi Hopeful567

My attorney used USPS too. Here is the sequence as per USPS tracking.
It got delivered to PO Box on Wednesday around 10am, then the next status update (Thursday 6am) was someone picking it from PO Box.

But for me the most important one was the email that i received from USCIS (Thursday 7pm) that they received the RFE response.

Hope this helps!!!


Thanks a lot for the feedback- my response got delivered on Friday-I am assuming these do not get picked up during the weekend -hopefully it will get picked up on Monday morning and acknowledged by USCIS soon thereafter.

[helpful_leo]

Hi Hopeful567

My attorney used USPS too. Here is the sequence as per USPS tracking.
It got delivered to PO Box on Wednesday around 10am, then the next status update (Thursday 6am) was someone picking it from PO Box.

But for me the most important one was the email that i received from USCIS (Thursday 7pm) that they received the RFE response.

Hope this helps!!!

Is it preferable to use USPS instead of the quicker Fedex/UPS for some reason?

[venkat]

In my case its pure Attorney's choice and I don't have any say. On a side note when i changed company last year the same attorney did the AC21 paperwork and he sent it via Fedex but this time he chose to do it through USPS.

My only guess is since the RFE response had to go to a PO Box address he preferred to send it via USPS this time but that is just my guess.


Is it preferable to use USPS instead of the quicker Fedex/UPS for some reason?

[gc2008]

In my case its pure Attorney's choice and I don't have any say. On a side note when i changed company last year the same attorney did the AC21 paperwork and he sent it via Fedex but this time he chose to do it through USPS.

My only guess is since the RFE response had to go to a PO Box address he preferred to send it via USPS this time but that is just my guess.

As you filed AC21 before, have u just sent EVL this time or did you mention change of job again and content to justify ur new job is same or similar to that of PERM job?

[venkat]

Basically my attorney repeated the same thing (EVL letter, mentioned change of job along with responsibilities of new job) he did last year except that this is with the letter dated in June

This same or similar thing is absolutely nothing to worry about. I've never ever heard of someone being denied/rejected because of this. As long as one continues in same Industry it should be fine...


As you filed AC21 before, have u just sent EVL this time or did you mention change of job again and content to justify ur new job is same or similar to that of PERM job?

[h1_bee]

Hello everyone,
How long is it normally taking for folks to receive the RFE letter at the lawyers office from the date of SMS/email notification ? I got my RFE on the evening of 13th June but lawyer says they have not received any letter yet. My case is with NSC while my wife's is with TSC. The case status for both of us are showing up as RFE.
Thanks in advance.

[vizcard]

Hello everyone,
How long is it normally taking for folks to receive the RFE letter at the lawyers office from the date of SMS/email notification ? I got my RFE on the evening of 13th June but lawyer says they have not received any letter yet. My case is with NSC while my wife's is with TSC. The case status for both of us are showing up as RFE.
Thanks in advance.

you should get it in the next couple of days. There were 2 weekends in between the 13th and now so perhaps that's what's delaying it. BTW you may get the paper RFE yourself. So check your mailbox too

[zenmaster]

Friends,
My PD is 5/2009 and i recd RFE on 6/21. Given that this PD will not be current until Sept., how soon should we be sending off RFE reply ?
Will it be prudent to send in reply ASAP ? or should we wait until August before sending in reply ?

[bieber]

My skin test came in positive and chest x-ray is normal, Civil surgeon marked this as Class B latent. Is this normal?

[vizcard]

My skin test came in positive and chest x-ray is normal, Civil surgeon marked this as Class B latent. Is this normal?

Yes. No concern at all.

[bieber]

Yes. No concern at all.

Thanks Vizcard :)

I received RFE only for medicals, may be because AC21 is already filed.

[gc2008]

People who filed in Nebraska are getting RFE only for medicals while TEXAS requesting EVL, Medical and continuous status RFEs.
Have you filed at Nebraska?
When did you file ur AC21?

[bieber]

People who filed in Nebraska are getting RFE only for medicals while TEXAS requesting EVL, Medical and continuous status RFEs.
Have you filed at Nebraska?
When did you file ur AC21?

Yes, mine is NSC. Filed AC21 last august.

I know people who didn't file AC21 received EVL RFEs from NSC. and also for who never changed employer.

[Pundit Arjun]

Hi Guys,

I am suspecting the RFE to be for medicals (Since I received the RFE's for myself and dependants). I am not planning to wait for the actual RFE mail since the wait at local concentra medical centers (apart from this week) are 3 weeks.
I am travelling overseas in 3 weeks :(

Worstcase, I will be losing $600.00.
My question is : Do you see a problem in having the medicals done before receiving the actual mail ? This is my only concern. Your response will be help clarify my thought.

[vishnu]

Good to see that October RFE's haven't stopped

[bieber]

Hi Guys,

I am suspecting the RFE to be for medicals (Since I received the RFE's for myself and dependants). I am not planning to wait for the actual RFE mail since the wait at local concentra medical centers (apart from this week) are 3 weeks.
I am travelling overseas in 3 weeks :(

Worstcase, I will be losing $600.00.
My question is : Do you see a problem in having the medicals done before receiving the actual mail ? This is my only concern. Your response will be help clarify my thought.

There is no problem in doing medicals before receiving the RFE in mail. I have done this. RFE copy should not go inside I693 sealed envelop.

[Jagan01]

I'd say wait till July 1. That way if by some chance you don't get approved your medical won't expire.

Viz,

Thanks for the response. I am out of town until July 7th and can do it after that. I have made appointment for Jul 10th. How long does it take before we get the results. Just trying to know the number of days for the tests to complete and results to arrive.

[vizcard]

Viz,

Thanks for the response. I am out of town until July 7th and can do it after that. I have made appointment for Jul 10th. How long does it take before we get the results. Just trying to know the number of days for the tests to complete and results to arrive.

I got mine done in 2 days - that's the amount of time it takes for the TB test. Even if you test positive in the TB test, you should be able to get an Xray the same day (depending on where you live). So max it will take 3-4 days even if you can't get the xray the same.

[Jagan01]

I got mine done in 2 days - that's the amount of time it takes for the TB test. Even if you test positive in the TB test, you should be able to get an Xray the same day (depending on where you live). So max it will take 3-4 days even if you can't get the xray the same.

Thanks viz for the information.

[geevikram]

Thanks viz for the information.

Lawyer received RFE today for :
1) Date of hire
2) Current job title and job duties
3) Current salary
4) Medicals

[RoosterC]

Guys : I was wondering if any of the others have had status changes to "initial review" after you sent in the RFE response? Mine is still "Reviewing RFE response" for nearly a week.


Sonu77, I neither changed address recently or submitted a G 28. My status changed to Initial Review after a day in RFE Response Review. I changed address in 2012 and reported it immediately, but I would imagine getting a new FP request with the most recent RFE for EVL and Medical, if one was needed for an address change in 2012 and I did not get one

[Pundit Arjun]

There is no problem in doing medicals before receiving the RFE in mail. I have done this. RFE copy should not go inside I693 sealed envelop.
Thanks Bieber. I wil have the medicals ready by the time I receive the snail mail.

[vizcard]

Guys : I was wondering if any of the others have had status changes to "initial review" after you sent in the RFE response? Mine is still "Reviewing RFE response" for nearly a week.

mines been at RFE Review for 10 days. no need to worry.

[helpful_leo]

Is the syphilis blood test a new requirement?
I don't recall doing it in Dec 2011, when I did medical at a different Dr.

This time I was told at the scheduling call that I will have to come a 2nd day just for this result (I don't have to do the TB skin test as I am known positive and will do an XRay directly).

[vizcard]

Is the syphilis blood test a new requirement?
I don't recall doing it in Dec 2011, when I did medical at a different Dr.

This time I was told at the scheduling call that I will have to come a 2nd day just for this result (I don't have to do the TB skin test as I am known positive and will do an XRay directly).

I don't think its new. You probably didn't realize it since you did have to go back a 2nd time in any case last time.

[imdeng]

My attorney just let me know that she has received the RFEs and they are only looking for new medical tests. There is nothing about EVL there and nothing about BC (which I was dreading about BTW).

Folks - what is the board's opinion on delaying the medical a little so that they are valid for next year as well. With 08/07/09 as my PD - I am in the "not impossible but unlikely to be green this year" zone. Assuming it does not happen this year, I will likely be current in Aug 2015. So maybe I should get medicals done in Aug? OTOH - perhaps it makes sense to get the best RD for RFE response in case dates do cross August-09 and the random lottery for GC ensues for Aug-Sep-Oct folks?

[imdeng]

Got an appointment for 2 weeks from now. Works for me - have 10 days of awesome vacation planned in NYC meanwhile :-)



Folks - what is the board's opinion on delaying the medical a little so that they are valid for next year as well. With 08/07/09 as my PD - I am in the "not impossible but unlikely to be green this year" zone. Assuming it does not happen this year, I will likely be current in Aug 2015. So maybe I should get medicals done in Aug? OTOH - perhaps it makes sense to get the best RD for RFE response in case dates do cross August-09 and the random lottery for GC ensues for Aug-Sep-Oct folks?

[imdeng]

Question for folks who have gotten their medical exam done for the second time - what all needs to be repeated?

[longgcque]

Everything. Its civil surgeon that decides and not you.

Question for folks who have gotten their medical exam done for the second time - what all needs to be repeated?

[qesehmk]

- have 10 days of awesome vacation planned in NYC meanwhile :-)
imdeng - enjoy. Consider staying in midtown. That is the place to be for tourists!

[bookworm]

An interesting data point if anybody runs into this kind of a situation. My PD is 10/09. Medicals clear at that point of time. Last year got infected with passive TB at workplace from a direct report. Undergoing 9 month treatment right now. Part of the effect is that I will always test positive for TB.

Received RFE last week for medicals. Will now obtain X rays from County health (it was a circus at work when county health found out about coworker) to provide to civil surgeon. This will substantiate that TB is passive and doesnt pose a public health risk.

I will update this post if there is anything additional that I need to do to address the RFE.

[imdeng]

Thanks Spec. The delay thought was a product of a moment of euphoria - it passed very quickly :-) I have always been very risk averse in all matters administrative - so I am going to get this done as soon as I get back from NYC (unfortunately the place I got it done last time does not have appointments before I leave) and send it as soon as possible. Thanks for the link - very informative - and from the horse's mouth, as they say.

Yup - I guess not replying is not an option - :-)

Aahhh NYC! We have planned this trip for more than a year. Our fourth time in NYC - but the first time we are staying more than just a couple days. Have a full slate of Museums, Shows, Restaurants on schedule - capping with Lady Liberty and Ellis Island on 4th of July followed by Fireworks!


imdeng,

Glad to hear USCIS are only asking about the medicals - that makes it very easy.

Regarding timing - that's such a personal decision with your PD, I don't want to comment. I'm sure others will though!

You'll know the best or worst by around August 8, 2014 I guess.

You can get your medical done when you like within reason (I guess not replying to the RFE is not an option) - the one year clock for adjudication purposes starts when USCIS receive the I-693, not from the date the Medical was carried out.

There is a separate clock that requires you to submit the I-693 to USCIS within one year of the CS signing it, for it to be valid.

See footnotes 22 and 24 at the bottom of the new policy (http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html)

Good luck.

PS Enjoy NYC.

[aug152008]

I got my rfe response - evl and medical filed through fragomen last friday and status on uscis site is now initial review.. I had asked fragomen to send me a copy of what they submitted and i now see that the employment start date with my new company is not in the EVL .. We had filed an ac21 in march - even there , there is no start date mentioned in the evl. Is this going to be an issue!! Will i get another rde or can I ask fragomen to send another response ?! I've asked fragomen and am of course 'waiting to hear back'!

@imdeg - if u want to do sthg non touristy- go to west village and east village in nyc..

[nijor.deha]

Hi All,

Our GC is current for July 2014 visa bulletin.
We got a SMS that we got RFE 3 weeks back.
But we have still did not get the RFE copy yet.
We do not even know what is the rfe for .In this case what to do and how do I get the RFE copy so that we can respond

Thanks
Nija

[vizcard]

Question for folks who have gotten their medical exam done for the second time - what all needs to be repeated?


Everything. Its civil surgeon that decides and not you.

Basically its a repeat of the first process. If you have your previous 693, you can use that for proof of vaccinations. If you tested positive for TB in the skin test, your civil surgeon should tell you not to do that this time around and just go get the xray straight away (major time saver!). They will repeat the syphilis blood test and might also test to see if the levels of your anti-bodies are good even if you have had vaccinations before.

[thelongwait]

I got my rfe response - evl and medical filed through fragomen last friday and status on uscis site is now initial review.. I had asked fragomen to send me a copy of what they submitted and i now see that the employment start date with my new company is not in the EVL .. We had filed an ac21 in march - even there , there is no start date mentioned in the evl. Is this going to be an issue!! Will i get another rde or can I ask fragomen to send another response ?! I've asked fragomen and am of course 'waiting to hear back'!

@imdeg - if u want to do sthg non touristy- go to west village and east village in nyc..

Even the RFE response that was sent by my attorney had no start date for the new position I took in the same company. We will know in 60 days Whether we get another RFE or not. :(
Hopefully we get greened well before the 60 day period.

[RMS_V13]

My status changed from RFE response review to Initial Review in 2 days of sending the RFE response.

Now, my EVL says that I work for XXX formerly known as YYYY From 20xx and my salary and job responsibility.

I was not asked to file AC21 or nre I 140 etc. XXX letter head is used, but my start date and job title has not changed.

Could this be the reason for my status to be in Initial review?



I got my rfe response - evl and medical filed through fragomen last friday and status on uscis site is now initial review.. I had asked fragomen to send me a copy of what they submitted and i now see that the employment start date with my new company is not in the EVL .. We had filed an ac21 in march - even there , there is no start date mentioned in the evl. Is this going to be an issue!! Will i get another rde or can I ask fragomen to send another response ?! I've asked fragomen and am of course 'waiting to hear back'!

@imdeg - if u want to do sthg non touristy- go to west village and east village in nyc..

[vizcard]

Hi All,

Our GC is current for July 2014 visa bulletin.
We got a SMS that we got RFE 3 weeks back.
But we have still did not get the RFE copy yet.
We do not even know what is the rfe for .In this case what to do and how do I get the RFE copy so that we can respond

Thanks
Nija

Mods - please keep this up for the rest of the day before transferring to the RFE thread or until Nija confirms that he/she has gotten this whichever is earlier.

Nija - I would go ahead and get medicals done again and also reach out to your HR and get the employment verification letter started. Its almost certainly those 2 things. If there's anything else, you can respond when you get it. But get a headstart on these two things.

Also, call the USCIS and ask them what the RFE is for since you haven't got it yet and that its been 3 weeks. Confirm that your address with them is correct.

[vizcard]

My status changed from RFE response review to Initial Review in 2 days of sending the RFE response.

Now, my EVL says that I work for XXX formerly known as YYYY From 20xx and my salary and job responsibility.

I was not asked to file AC21 or nre I 140 etc. XXX letter head is used, but my start date and job title has not changed.

Could this be the reason for my status to be in Initial review?

A lot of people have seen that change.... and a lot of people haven't. I don't think the status change is any indication of the issue you are describing.

[venkat]

Something that i thought would be useful:

In the RFE letter there was this line

"Important: if you are no longer working for your original Form I-140 petitioner, submit a written explanation for the change. You may also submit evidence to show you remain eligible to adjust through visa portability under section 204O.................."

This is applicable for people who changed jobs. Not sure whether this is really important but anyway it may be useful for people who have not filed their response yet (i.e to include a covering letter signed by the applicant).

Check with your attorney - that's important

[aug152008]

Even the RFE response that was sent by my attorney had no start date for the new position I took in the same company. We will know in 60 days Whether we get another RFE or not. :(
Hopefully we get greened well before the 60 day period.

Fragomen got back saying the attorney double checked my response before sending and they are sure there wont be an rfe.. 7 years of waiting (because the labor etc starts before the priority date gets set) and now few more weeks :(

some of the things I saw that they sent - that may be useful for others

- they did put it in a letter explaining the change - essentially they just said its AC21 and greater than 180 days of filing ..

- they quoted the AC 21 letter in the evl they sent ( I heard somewhere that smoeone got an rfe for not quoting)

[zenmaster]

Something that i thought would be useful:

In the RFE letter there was this line

"Important: if you are no longer working for your original Form I-140 petitioner, submit a written explanation for the change. You may also submit evidence to show you remain eligible to adjust through visa portability under section 204O.................."

This is applicable for people who changed jobs. Not sure whether this is really important but anyway it may be useful for people who have not filed their response yet (i.e to include a covering letter signed by the applicant).

Check with your attorney - that's important

Thanks Venkat.
I was planning to self file the response, so this is helpful.

[PD2008AUG25]

I haven't seen any updates to my case in USCIS portal since 2012. I received RFE and also replied few days back. There were no emails or alerts. What, if anything, I could do about it?

Anyone is same boat?

[vizcard]

I haven't seen any updates to my case in USCIS portal since 2012. I received RFE and also replied few days back. There were no emails or alerts. What, if anything, I could do about it?

Anyone is same boat?

Dont worry about it. I didn't get any electronic notifications before the RFE but did get them after I submitted the response. But their system is very unreliable. If you are concerned call them up on Friday and ask them if they have got it.

[thelongwait]

Fragomen got back saying the attorney double checked my response before sending and they are sure there wont be an rfe.. 7 years of waiting (because the labor etc starts before the priority date gets set) and now few more weeks :(

some of the things I saw that they sent - that may be useful for others

- they did put it in a letter explaining the change - essentially they just said its AC21 and greater than 180 days of filing ..

- they quoted the AC 21 letter in the evl they sent ( I heard somewhere that smoeone got an rfe for not quoting)

Good to know.
Did the status change when you filed your AC21? It didn't change for me.

[vyruss]

This is what I got from my lawyer. It makes sense to me and see if it works for you. Couple of important points on when the clock for the medicals is reset is included. I posted a similar question earlier and I believe Q responded saying there could be two clocks at play. But my lawyer says only one clock which is the day you send it to USCIS. Hopefully it helps others using this forum.

Below is the message from my lawyer:

**

We have received a request for evidence regarding your adjustment applications. The request is for updated medical exams. The policy of USCIS had been that exams must be current when submitted, and then the exams would be valid until the application was adjudicated. However, the policy changed on May 31, 2014, and now the medical exams are only valid for one year after they are submitted. Since your application has been pending more than one year, the RFE requests new exams.

Your priority date is May, 2009. For July, the Visa Bulletin has advanced the EB-2 (India) cut-off date to September 1, 2008. This means that the Visa Bulletin must advance at least 10 months before your application can be approved. There is a risk that we will submit the medical exams, and another year will pass before the priority date comes current. USCIS has advised us that they do not send the RFE unless they think that the priority date will be reached within the next year, but they also caution that priority date movement is uncertain and there are no guarantees. The goal is to have the case ready for adjudication when the date does become current. So there is also a risk that if we do not submit the exam, the date will become current, and the application will not be ready for adjudication. We must balance these two risks.

My advice is that you and *****(spouse) should have the exams completed at your convenience. There is no rush, but I would do it within the next couple of weeks. However, I would also suggest that we not submit the exams right away. The RFE is due on September 5 2014. While the application must be adjudicated within one year of the date the exam is submitted, the exam is valid for one year for submission from the date it is administered. Thus, if you have the exams now, but we submit them on August 20, 2014, the exam will remain valid until August 20, 2015. This gives us the maximum time for your priority date to become current. If the dates move faster, and there is some indication in the August or September Visa Bulletin (published mid July and August, respectively) that the dates will move faster, we will be in a position to return the exam immediately.

It is not necessary to return to the same physician, but you may do so if the physician is still on the approved list. The approved list of physicians can be found on the USCIS website.

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

As soon as you have the exams completed, please forward them in the sealed envelope to our office. Let me know if you have any questions. Thanks.

[qesehmk]

I posted a similar question earlier and I believe Q responded saying there could be two clocks at play.

Must be Spec or Kanmani or somebody else may be Viz.

[vyruss]

I believe it was either you (Q) or Spec. Tried to look at past posts but could not find it. With all the ambiguity, there could in fact be two sets of clocks. But not sure. And also thanks for all the great work you all do.

[Spectator]

vyruss,

Your attorney mentions the 2 clocks in the reply to you.


While the application must be adjudicated within one year of the date the exam is submitted, the exam is valid for one year for submission from the date it is administered.

Clock 1 - the exam is valid for one year for submission (to USCIS) from the date it is administered (by the Civil Surgeon).

[22] USCIS will use the date the Form I-693 was signed by the civil surgeon (including blanket-designated health departments and military physicians) to determine whether the report was submitted less than one year after completion of the examination.

Clock 2 - the application must be adjudicated within one year of the date the exam is submitted (to USCIS)

[24] USCIS will use the date that USCIS received the Form I-693 to determine whether the medical examination report is more than one year old at time of adjudication of the benefit application. Although the medical examination report is generally valid for adjudicatory purposes up to one year after filing, the officer may order an additional immigration medical examination at any time if he or she has concerns as to an applicant’s inadmissibility on health-related grounds. For more information, see Chapter 11, Inadmissibility Determination, Section C, Other Information.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html

[Sreeji]

Hi,

My pd is 12/30/2008 and i have my EAD. Last year i moved to new address and filed AR-11 at that time.

Last month when dates are moving i realized my I485 Application had the old address. I just went ahead and submitted the new address in USCIS website and till yesterday my case was showing as initial review for change of address. Today status chanaged to "RFE".

Not sure if i would have left with out applying for a change of address. This doesn't seem to be a good news for me. Experts plz..share your views/thoughts!!

[vizcard]

This is what I got from my lawyer. It makes sense to me and see if it works for you. Couple of important points on when the clock for the medicals is reset is included. I posted a similar question earlier and I believe Q responded saying there could be two clocks at play. But my lawyer says only one clock which is the day you send it to USCIS. Hopefully it helps others using this forum.

Below is the message from my lawyer:

**

We have received a request for evidence regarding your adjustment applications. The request is for updated medical exams. The policy of USCIS had been that exams must be current when submitted, and then the exams would be valid until the application was adjudicated. However, the policy changed on May 31, 2014, and now the medical exams are only valid for one year after they are submitted. Since your application has been pending more than one year, the RFE requests new exams.

Your priority date is May, 2009. For July, the Visa Bulletin has advanced the EB-2 (India) cut-off date to September 1, 2008. This means that the Visa Bulletin must advance at least 10 months before your application can be approved. There is a risk that we will submit the medical exams, and another year will pass before the priority date comes current. USCIS has advised us that they do not send the RFE unless they think that the priority date will be reached within the next year, but they also caution that priority date movement is uncertain and there are no guarantees. The goal is to have the case ready for adjudication when the date does become current. So there is also a risk that if we do not submit the exam, the date will become current, and the application will not be ready for adjudication. We must balance these two risks.

My advice is that you and *****(spouse) should have the exams completed at your convenience. There is no rush, but I would do it within the next couple of weeks. However, I would also suggest that we not submit the exams right away. The RFE is due on September 5 2014. While the application must be adjudicated within one year of the date the exam is submitted, the exam is valid for one year for submission from the date it is administered. Thus, if you have the exams now, but we submit them on August 20, 2014, the exam will remain valid until August 20, 2015. This gives us the maximum time for your priority date to become current. If the dates move faster, and there is some indication in the August or September Visa Bulletin (published mid July and August, respectively) that the dates will move faster, we will be in a position to return the exam immediately.

It is not necessary to return to the same physician, but you may do so if the physician is still on the approved list. The approved list of physicians can be found on the USCIS website.

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

As soon as you have the exams completed, please forward them in the sealed envelope to our office. Let me know if you have any questions. Thanks.


Must be Spec or Kanmani or somebody else may be Viz.

Spec had actually responded saying that there were 2 clocks. Theoretically yes but in practice only one comes in to play. Basically you have to submit the results within 1 yr of the tests being conducted and the tests are valid 1 yr from when the USCIS gets it.
http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html#S-C-4

[qesehmk]

I am seeing all these topics for first time. Sorry for being out of touch.

But if I understand what Spec and your attorney are saying ... it looks like they both are saying the same thing. Which is:

A medical exam is valid for 1 year in terms of ability to submit to USCIS.

You can submit a valid medical exam on 364th day since you had it first!! And that's ok.

Then USCIS will not ask for an exam 1 year until after the day you submit it.

Thus your attorney is advising that instead of rushing in to submit it ... wait the max you can and then submit it.

Now that advice may or not be good .... we certainly don't want your 485 held back just because USCIS is waiting on some stupid medical exam!! Right ??

So make your own decision. But simply speaking medical exam has 1 year validity and then USCIS starts its own 1 year clock after you submit the exam results.


vyruss,

Your attorney mentions the 2 clocks in the reply to you.



Clock 1 - the exam is valid for one year for submission (to USCIS) from the date it is administered (by the Civil Surgeon).

Clock 2 - the application must be adjudicated within one year of the date the exam is submitted (to USCIS)

p.s. Vyruss thanks to you for posting attorney correspondence which kind of confirms what Spec said.

[vyruss]

I am seeing all these topics for first time. Sorry for being out of touch.

But if I understand what Spec and your attorney are saying ... it looks like they both are saying the same thing. Which is:

A medical exam is valid for 1 year in terms of ability to submit to USCIS.

You can submit a valid medical exam on 364th day since you had it first!! And that's ok.

Then USCIS will not ask for an exam 1 year until after the day you submit it.

Thus your attorney is advising that instead of rushing in to submit it ... wait the max you can and then submit it.

Now that advice may or not be good .... we certainly don't want your 485 held back just because USCIS is waiting on some stupid medical exam!! Right ??

So make your own decision. But simply speaking medical exam has 1 year validity and then USCIS starts its own 1 year clock after you submit the exam results.



p.s. Vyruss thanks to you for posting attorney correspondence which kind of confirms what Spec said.

No thank you (Q, Spec, Kanmani, Viz and all the old timers......if I have not read your posts) for bringing clarity to this mess.

[qesehmk]

Hi,

My pd is 12/30/2008 and i have my EAD. Last year i moved to new address and filed AR-11 at that time.

Last month when dates are moving i realized my I485 Application had the old address. I just went ahead and submitted the new address in USCIS website and till yesterday my case was showing as initial review for change of address. Today status chanaged to "RFE".

Not sure if i would have left with out applying for a change of address. This doesn't seem to be a good news for me. Experts plz..share your views/thoughts!!
sreeji

do not fret over an RFE. Most of the times they are harmless. Basically and RFE is a question from USCIS because they don't understand something about your application. I am sure you are going to be just fine. You did a good thing by filing change of address.

[helpful_leo]

Q for vizcard and others regarding EVL:

When the 2008 PERM application was submitted, the job title was "senior business analyst". After 6 years with in-line promotions, the title is now "associate director".
The job duties & description are essentially the same, with no significant changes.
The base salary has gone up by ~30K, about 25-30% since 2008.

The HR/lawyer letter drafted and shown to us today is truthfully saying the above things. This is a well known / regarded company.

My understanding is that the above should not cause any concern regarding the EVL or position, and comes within what is allowed by USCIS.

Is there any reason to be worried, and/or ask the HR to write a slightly different letter? (still truthful, but without several of the un-requested details they are providing now)

Thanks!

[vizcard]

Q for vizcard and others regarding EVL:

When the 2008 PERM application was submitted, the job title was "senior business analyst". After 6 years with in-line promotions, the title is now "associate director".
The job duties & description are essentially the same, with no significant changes.
The base salary has gone up by ~30K, about 25-30% since 2008.

The HR/lawyer letter drafted and shown to us today is truthfully saying the above things. This is a well known / regarded company.

My understanding is that the above should not cause any concern regarding the EVL or position, and comes within what is allowed by USCIS.

Is there any reason to be worried, and/or ask the HR to write a slightly different letter? (still truthful, but without several of the un-requested details they are providing now)

Thanks!

Its perfectly fine. Take a look at the EVL that my company (Big 4 management consulting) sent to Fragomen on my behalf. I feel like between the 2 of those organizations, they have a lot of experience with GC apps.

http://www.qesehmk.org/forums/showthread.php/2445-EVL-templates?p=47211#post47211


PS: 10 yrs same company ..so promotions along the way.

[helpful_leo]

Its perfectly fine. Take a look at the EVL that my company (Big 4 management consulting) sent to Fragomen on my behalf. I feel like between the 2 of those organizations, they have a lot of experience with GC apps.

http://www.qesehmk.org/forums/showthread.php/2445-EVL-templates?p=47211#post47211


PS: 10 yrs same company ..so promotions along the way.

Thanks. That is also what I thought.

I was only concerned if the ~30% salary difference would create issues. I would have preferred if they had used something like what your EVL mentioned (at least $ 'PERM amount'). After being here for 12 years, I don't want to miss GC because of some trivial issue like this.

Any idea how much of a salary increase is allowed before USCIS gets concerned about significant change in job duties?

[vizcard]

Thanks. That is also what I thought.

I was only concerned if the ~30% salary difference would create issues. I would have preferred if they had used something like what your EVL mentioned (at least $ 'PERM amount'). After being here for 12 years, I don't want to miss GC because of some trivial issue like this.

Any idea how much of a salary increase is allowed before USCIS gets concerned about significant change in job duties?

Don't think they care about how high. They care if you get paid lower than PERM. Even a USCIS person might be pissed off if his/her pay didn't increase by atleast 25% in 5 yrs. but it's a federal job so who knows.

[helpful_leo]

Don't think they care about how high. They care if you get paid lower than PERM. Even a USCIS person might be pissed off if his/her pay didn't increase by atleast 25% in 5 yrs. but it's a federal job so who knows.

Yes, that makes sense.

I remember from a different year some people having a conversation about significant salary increases raising a red flag to USCIS about significant change in job duties, and therefore possible additional RFEs (although I don't remember what they considered 'significant').
Which was the reason I brought up the concern.

Thanks.

[hulimari]

Hi All
Just received RFE emails for both me and wife. PD is 02/09/09 TSC. I have scheduled the medicals for Monday 6/30 and have a couple of questions where I need your advice.

1: Wife is pregnant and due date is July 31. I remember last time she was asked to go for TB xray as the skin test came back positive. This time, we're in a diff state and the doctor's office is suggesting we do a blood test which is more accurate, is this ok?
2: What shots can she take? does it help if we get records of previous shots from Feb 2011?
3: Does it make sense to wait until mid August and do the medicals then? does this mean I have lesser chances of getting greened because the floodgates (till OCT 09) would have opened by then?

Thanks and much appreciate your help!

[vizcard]

Hi All
Just received RFE emails for both me and wife. PD is 02/09/09 TSC. I have scheduled the medicals for Monday 6/30 and have a couple of questions where I need your advice.

1: Wife is pregnant and due date is July 31. I remember last time she was asked to go for TB xray as the skin test came back positive. This time, we're in a diff state and the doctor's office is suggesting we do a blood test which is more accurate, is this ok?
2: What shots can she take? does it help if we get records of previous shots from Feb 2011?
3: Does it make sense to wait until mid August and do the medicals then? does this mean I have lesser chances of getting greened because the floodgates (till OCT 09) would have opened by then?

Thanks and much appreciate your help!

First of all congratulations!

I cannot stress this enough. Talk to her OBGYN. He/she would know better than anyone on this forum.

1. Blood test could be more accurate. Atleast you don't have to an X-ray after that which is no-no.
2. Take the old 693 and any other records. You won't have to get vaccinations done again.
3. Postponing may not help. If she plans to breast-feed a lot of the pregnancy restrictions continue.

Also see. -> http://www.qesehmk.org/forums/showthread.php/222-I-693-Medical-Exam-and-Vaccinations-when-applying-for-Green-Card-(I-485)

But most of all- talk to the OBGYN.

[RMS_V13]

I have a -ve TB test, but due to recurring fever, the primary Dr ordered a blood TB test not for 693 purpose called quantiferon gold. It all came back negative, but a good option for back up in case mantose skin came out +ve. 2 months later 693 skin was -ve too.

I did not get any vaccination. Just take ur old 693. They will do a syphillis blood test and TB mantose again no matter what.



First of all congratulations!

I cannot stress this enough. Talk to her OBGYN. He/she would know better than anyone on this forum.

1. Blood test could be more accurate. Atleast you don't have to an X-ray after that which is no-no.
2. Take the old 693 and any other records. You won't have to get vaccinations done again.
3. Postponing may not help. If she plans to breast-feed a lot of the pregnancy restrictions continue.

Also see. -> http://www.qesehmk.org/forums/showthread.php/222-I-693-Medical-Exam-and-Vaccinations-when-applying-for-Green-Card-(I-485)

But most of all- talk to the OBGYN.

[hulimari]

Thanks for your responses Viz and RMS..
Congratulations to you too Viz! just read on the other thread about your first baby... this is our second and we're getting ready for another roller coaster ride :-))

I did not ask for a copy of I-693 last time (ignorance on my part)so do not have the vaccination records. Do the CS office generally keep a copy of vaccination or of I-693 by any chance?
Also, has anyone done the Titer tests and know what the lab costs are ?(assuming insurance does not cover)




I have a -ve TB test, but due to recurring fever, the primary Dr ordered a blood TB test not for 693 purpose called quantiferon gold. It all came back negative, but a good option for back up in case mantose skin came out +ve. 2 months later 693 skin was -ve too.

I did not get any vaccination. Just take ur old 693. They will do a syphillis blood test and TB mantose again no matter what.

[vizcard]

Thanks for your responses Viz and RMS..
Congratulations to you too Viz! just read on the other thread about your first baby... this is our second and we're getting ready for another roller coaster ride :-))

I did not ask for a copy of I-693 last time (ignorance on my part)so do not have the vaccination records. Do the CS office generally keep a copy of vaccination or of I-693 by any chance?
Also, has anyone done the Titer tests and know what the lab costs are ?(assuming insurance does not cover)

All doctors offices keep records for some time. My CS kept for 1 year. Call and find out.

[Pundit Arjun]

Hi Guys,

I am suspecting the RFE to be for medicals (Since I received the RFE's for myself and dependants). I am not planning to wait for the actual RFE mail since the wait at local concentra medical centers (apart from this week) are 3 weeks.
I am travelling overseas in 3 weeks :(

Worstcase, I will be losing $600.00.
My question is : Do you see a problem in having the medicals done before receiving the actual mail ? This is my only concern. Your response will be help clarify my thought.

FYI
Dear All,
My attorney received the RFE mails. They are for I693 medicals only.

[venkat]

Tomorrow is a big day for all people who are going to become current. Personally for me its been 6 years and 6 days since my labor was filed (PD: June 24, 2008). I missed the boat last year by 10 days.

I hope to get it in July itself and not go through the agony of follow-ups such as USCIS Level2, Infopass, Senator/Congressmen etc etc which is a pain.

Wishing everyone all the best - can't wait to look at this forum and trackitt to see the first approval case.

[vizcard]

Tomorrow is a big day for all people who are going to become current. Personally for me its been 6 years and 6 days since my labor was filed (PD: June 24, 2008). I missed the boat last year by 10 days.

I hope to get it in July itself and not go through the agony of follow-ups such as USCIS Level2, Infopass, Senator/Congressmen etc etc which is a pain.

Wishing everyone all the best - can't wait to look at this forum and trackitt to see the first approval case.

Amen brother!

August is a few milestones for me. 6 yrs since filing, 10 yrs since joining my company, 15 yrs since coming to the US.

[hulimari]

Hi All,

Thanks again for your help. I called up my previous doctor's office (who did my medicals in 2011) and though they did not have the I-693 copy, they have all the vaccination records. They're faxing these to my current doc and hopefully we won't need to take the vaccinations again.
For those who do not have a copy of I-693, please make sure you check with your previous doc to see if they have vaccination records. Best of luck to all!







Hi All
Just received RFE emails for both me and wife. PD is 02/09/09 TSC. I have scheduled the medicals for Monday 6/30 and have a couple of questions where I need your advice.

1: Wife is pregnant and due date is July 31. I remember last time she was asked to go for TB xray as the skin test came back positive. This time, we're in a diff state and the doctor's office is suggesting we do a blood test which is more accurate, is this ok?
2: What shots can she take? does it help if we get records of previous shots from Feb 2011?
3: Does it make sense to wait until mid August and do the medicals then? does this mean I have lesser chances of getting greened because the floodgates (till OCT 09) would have opened by then?

Thanks and much appreciate your help!

[zenmaster]

venkat/viz and others,
Good Luck :) Hope to see you green in few days

[helpful_leo]

Amen brother!

August is a few milestones for me. 6 yrs since filing, 10 yrs since joining my company, 15 yrs since coming to the US.

Good luck all you guys! It sure has been a long wait...

Hopefully, the rest of us will have good news in the VB next week, and be where you are next month.

[reachkash]

Hi,

My case (Priority date: 02/2009; TSC) status changed to RFE today. Hoping it is only for Medicals and EVL.

1. How long does it take to get the physical RFE in mail?
2. What should I expect in the RFE packet?
3. Is it OK to get the medicals done without waiting for Physical RFE?
4. Do I need to take RFE letter/packet to the doctor for the medicals?
5. With initial filing the doctor used blood tests to find the immunity as we don't have any vaccination records. Do we need to get these tests done again?
6. Has anyone replied to medical RFE? Please let me know what are all the documents sent to USCIS.

[zenmaster]

Friends,

My lawyer asks that the new employer mentions this in the EVL :
" The terms and conditions of the approved I-140 continuous to exist."
while my employer says, they cannot write that line in EVL as they did not file I140, but previous employer did.

My question is, is this line very important to mention in EVL ?

[vizcard]

Friends,

My lawyer asks that the new employer mentions this in the EVL :
" The terms and conditions of the approved I-140 continuous to exist."
while my employer says, they cannot write that line in EVL as they did not file I140, but previous employer did.

My question is, is this line very important to mention in EVL ?

Do you have Fragomen? They used the same language in my letter. Personally, I don't think its critical for it to be there. Its probably a moot point since your employer is not willing to do it.

[vizcard]

Hi,

My case (Priority date: 02/2009; TSC) status changed to RFE today. Hoping it is only for Medicals and EVL.

1. How long does it take to get the physical RFE in mail?
2. What should I expect in the RFE packet?
3. Is it OK to get the medicals done without waiting for Physical RFE?
4. Do I need to take RFE letter/packet to the doctor for the medicals?
5. With initial filing the doctor used blood tests to find the immunity as we don't have any vaccination records. Do we need to get these tests done again?
6. Has anyone replied to medical RFE? Please let me know what are all the documents sent to USCIS.

1. should be more or less a week.
2. The RFE letter stating the specific requirements. The last page of the letter is a cover sheet with a bar code. You need to put that as the top sheet on your response.
3. Yes
4. You can but its not necessarily a requirement
5. Take a copy of your old 693. If the physician deems it necessary you will need to get it done. I had to get it done again.
6. you will get the report in a sealed envelop. You need to put that envelop along with the cover sheet in a USPS/ UPS mailer and send it. If there are other things you need to respond to besides medicals, put that in the mailer too.

[zenmaster]

Do you have Fragomen? They used the same language in my letter. Personally, I don't think its critical for it to be there. Its probably a moot point since your employer is not willing to do it.

No its not Fragomen. I filed 485 thru TulsaLaw

[vizcard]

No its not Fragomen. I filed 485 thru TulsaLaw

Its funny that they used the exact same verbiage as Fragomen.

[zenmaster]

Its funny that they used the exact same verbiage as Fragomen.

Viz, I think it makes sense to include the "terms and conditions" line for your case. You are with I-140 employer with a diff. job level.
Whereas in my case, its new employer altogether.

I also tried to do some more research on this topic, and see that in 2008/09, the RFEs that went out had this requirement.
Check this (http://****************.org/forum/archive/index.php/t-25546.html) out.

Probably, lawyers still reply on similar lines ?

[venkat]

so far 3 approvals (all from NSC) in Trackitt - two are from 2007 and one in 2008 (August)

I've a feeling TSC will start slow but then explode with lot of approvals :)

[reachkash]

1. should be more or less a week.
2. The RFE letter stating the specific requirements. The last page of the letter is a cover sheet with a bar code. You need to put that as the top sheet on your response.
3. Yes
4. You can but its not necessarily a requirement
5. Take a copy of your old 693. If the physician deems it necessary you will need to get it done. I had to get it done again.
6. you will get the report in a sealed envelop. You need to put that envelop along with the cover sheet in a USPS/ UPS mailer and send it. If there are other things you need to respond to besides medicals, put that in the mailer too.


Thank you viz

[vizcard]

so far 3 approvals (all from NSC) in Trackitt - two are from 2007 and one in 2008 (August)

I've a feeling TSC will start slow but then explode with lot of approvals :)

i agree. I've seen a lot of emails/texts go out in the evenings. So who knows ?!:cool:

[eb2visa]

Viz,

If possible can you take a look at "http://www.qesehmk.org/forums/showthread.php/2448-485-Decision-by-an-Appellate-Body?p=47288#post47288" thread.

Why 2009 case status are changing and what does it mean by approval?

Any comments are really appreciated.

[vizcard]

Viz,

If possible can you take a look at "http://www.qesehmk.org/forums/showthread.php/2448-485-Decision-by-an-Appellate-Body?p=47288#post47288" thread.

Why 2009 case status are changing and what does it mean by approval?

Any comments are really appreciated.

no idea. i saw that on trackitt too. Based on the USCIS manual, its for "unusual" cases. I didn't read the manual in detail though.

[vyruss]

Guys,

I still haven't got the RFE. Case status is the same. Talked to an L2 officer and was told they would contact me if they needed any more documents.

Please post any update if such folks are receiving GCs.

Trackitt is rife with similar posts. Looks like TSC is being slow on both issuing RFEs and the GCs. But this is just my view just skimming through other posts on Trackitt. So that may be the reason for delay in your case.

[mechanical13]

Trackitt is rife with similar posts. Looks like TSC is being slow on both issuing RFEs and the GCs. But this is just my view just skimming through other posts on Trackitt. So that may be the reason for delay in your case.

Guys, a quick question: It is my understanding that all retrogressed cases are eventually transferred to the TSC for storage and further processing. So, even if a case was originally submitted to the NSC, if a visa number is not anticipated to become available for a significant amount of time, the file gets transferred and archived at the TSC. Is my understanding correct ?

If this is true, then what we are considering as NSC vs. TSC is actually the TSC issuing RFEs. This could explain some of the discrepancy we are seeing between those who are getting RFEs and those who are not.

Q, Kanmani, Viz and other Gurus - Please correct me if my understanding is wrong.

[Spectator]

Guys, a quick question: It is my understanding that all retrogressed cases are eventually transferred to the TSC for storage and further processing. So, even if a case was originally submitted to the NSC, if a visa number is not anticipated to become available for a significant amount of time, the file gets transferred and archived at the TSC. Is my understanding correct ?

If this is true, then what we are considering as NSC vs. TSC is actually the TSC issuing RFEs. This could explain some of the discrepancy we are seeing between those who are getting RFEs and those who are not.

Q, Kanmani, Viz and other Gurus - Please correct me if my understanding is wrong.My understanding from the Memo published (http://www.uscis.gov/sites/default/files/USCIS/Outreach/Interim%20Guidance%20for%20Comment/regressed-visa-12-15-10.pdf) is that only cases processed at Local Field Offices, where approval could not be made solely because the date is retrogressed will automatically be sent to TSC.

A case originally submitted to NSC should remain there, barring an interview or a transfer for load balancing reasons.

[mechanical13]

My understanding from the Memo is that only cases processed at Local Field Offices, where approval could not be made solely because the date is retrogressed will automatically be sent to TSC.

A case originally submitted to NSC should remain there, barring an interview or a transfer for load balancing reasons.

Thanks Spec, for sharing a link to the Policy Memo - makes sense. I hadn't read the memo and was under the impression that all cases were transferred to the TSC.

Good luck with the date movement!

[qesehmk]

A case originally submitted to NSC should remain there, barring an interview or a transfer for load balancing reasons.

That is my understanding too. Load balancing in particular could change depending on TSC or NSC's load. Is TSC relatively less loaded compared to NSC today? May be.

[mechanical13]

That is my understanding too. Load balancing in particular could change depending on TSC or NSC's load. Is TSC relatively less loaded compared to NSC today? May be.

Thanks Q,I appreciate your input.

[gc2008]

Hello Spec, Q , Kanmani and other Gurus,


I changed my employer last June and did file AC21 back then. But I still have received RFE for EVL along with medicals. My HR gave the EVL when I was filing AC21. Looks like they are delaying to send EVL and so is the case with my company's attorney. I am planning to get EVL from my manager and hire a new attorney to respond my RFE. Is it OK to get EVL from my manager instead of HR this time?

Best Regards

[helpful_leo]

vyruss, trackitt used to have a thread about "people who haven't received RFEs yet". I don't see it anymore on the main page.

It's still not clear to me if we should expect a GC even without an RFE. Has anyone done any number crunching to estimate the proportion of people who haven't received one? Have most of the people (who became current on Jule 1) satisfying the 3 criteria in my previous post received RFEs? If not, what are the people without RFEs doing about it?

I would appreciate any insight. Thanks!

I am also curious about this. I received my RFEs but was in that boat for a while. If TSC will not approve without RFEs, but then do not send RFEs because of their workflow or whatever random issues, I think it is a very disappointing situation.

Is there some way this can be formally brought up with USCIS and soon?

I was following the trackitt approval threads and did not see anyone approved with a >1 year old medical.

[Kanmani]

Hello Spec, Q , Kanmani and other Gurus,


I changed my employer last June and did file AC21 back then. But I still have received RFE for EVL along with medicals. My HR gave the EVL when I was filing AC21. Looks like they are delaying to send EVL and so is the case with my company's attorney. I am planning to get EVL from my manager and hire a new attorney to respond my RFE. Is it OK to get EVL from my manager instead of HR this time?

Best Regards

gc2008,

One point comes to my mind is , if you received the original RFE with the Golden sheet/adjudicator's ID by yourself, you can proceed with a new attorney. I was told that the golden sheet helps our reply reach the particular adjudicator who holds our file.

I may be wrong, lets see if anyone has similar experience. Best Wishes.

[qesehmk]

Hello Spec, Q , Kanmani and other Gurus,


I changed my employer last June and did file AC21 back then. But I still have received RFE for EVL along with medicals. My HR gave the EVL when I was filing AC21. Looks like they are delaying to send EVL and so is the case with my company's attorney. I am planning to get EVL from my manager and hire a new attorney to respond my RFE. Is it OK to get EVL from my manager instead of HR this time?

Best Regards

gc2008 - If your manager is your sponsor then his EVL will be even better than HR.

I am sorry for your RFE because I think your entire AC21 filing was unnecessary. That is ought to trigger an RFE.

[ksur23]

My pd is jan 2009 and rd is feb 2012. my status is at 'rfe response review', but this morning my dependent's status changed from 'rfe response review' to 'initial review'. Is it normal for the primary and dependent to have different statuses without any apparent reason? and what does 'initial review' mean at this stage?

thank you for the responses.

[vizcard]

Up to 7 approvals on Trackitt
- Only 1 with PD post-6/15 and that does not indicate an RFE - says USCIS received date of Fall 2012 but that seems wrong.
- all but one filed in Fall 2013 (see above)
-all NSC

[venkat]

Its too early in the game with this week being a holiday week it doesn't help us much either.

I'm counting on next week to see approvals, hope TSC start theirs soon!!!!



Up to 7 approvals on Trackitt
- Only 1 with PD post-6/15 and that does not indicate an RFE - says USCIS received date of Fall 2012 but that seems wrong.
- all but one filed in Fall 2013 (see above)
-all NSC

[eb2visa]

What is the message? Is it just status change? What is the current message under status.


My pd is jan 2009 and rd is feb 2012. my status is at 'rfe response review', but this morning my dependent's status changed from 'rfe response review' to 'initial review'. Is it normal for the primary and dependent to have different statuses without any apparent reason? and what does 'initial review' mean at this stage?

thank you for the responses.

[ksur23]

On July 2, 2014, your address was changed relating to the I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.


Of course we didn't change address! So not sure what is happening.



What is the message? Is it just status change? What is the current message under status.

[aug152008]

On July 2, 2014, your address was changed relating to the I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.


Of course we didn't change address! So not sure what is happening.

-I have the same message and my lawyer said its ok

[Spectator]

The current standings for EB2-I.

PD ------ 2001 -- 2002 -- 2003 -- 2004 -- 2005 -- 2006 -- 2007 -- 2008 -- 2009 --- Total
October ---- 0 ----- 0 ----- 1 ---- 21 ---- 41 ---- 40 --- 154 --- 102 ----- 0 ----- 359
November --- 0 ----- 0 ----- 0 ---- 11 ---- 18 ---- 21 ---- 95 ---- 94 ----- 0 ----- 239
December --- 0 ----- 0 ----- 0 ----- 2 ----- 1 ----- 6 ----- 0 ----- 6 ----- 0 ------ 15
January ---- 1 ----- 0 ----- 2 ----- 2 ----- 0 ----- 1 ----- 4 ----- 1 ----- 0 ------ 11
February --- 0 ----- 0 ----- 0 ----- 2 ----- 1 ----- 1 ----- 2 ----- 2 ----- 0 ------- 8
March ------ 0 ----- 0 ----- 1 ----- 4 ----- 0 ----- 0 ----- 0 ----- 0 ----- 0 ------- 5
April ------ 0 ----- 0 ----- 0 ----- 2 ----- 0 ----- 0 ----- 1 ----- 0 ----- 0 ------- 3
May -------- 0 ----- 0 ----- 0 ----- 5 ----- 0 ----- 0 ----- 0 ----- 0 ----- 0 ------- 5
June ------- 0 ----- 0 ----- 0 ----- 1 ----- 0 ----- 0 ----- 0 ----- 0 ----- 0 ------- 1
July ------- 0 ----- 0 ----- 0 ----- 0 ----- 1 ----- 1 ----- 6 ---- 12 ----- 0 ------ 20
August ----- 0 ----- 0 ----- 0 ----- 0 ----- 0 ----- 0 ----- 0 ----- 0 ----- 0 ------- 0
September -- 0 ----- 0 ----- 0 ----- 0 ----- 0 ----- 0 ----- 0 ----- 0 ----- 0 ------- 0
Total ------ 1 ----- 0 ----- 4 ---- 50 ---- 62 ---- 70 --- 262 --- 217 ----- 0 ----- 666


It is kept update in this thread (http://www.qesehmk.org/forums/showthread.php/2404-Trackitt-Comparison-FY2014-vs-FY2013-vs-FY2012-vs-FY2011).

[ksur23]

-I have the same message and my lawyer said its ok

I see there are a few others in other forum who got such a status change. In my case though my status is response review but spouse status changed to initial review. Perhaps I am overthinking and these are just uscis processing quirks. Thanks for the response.

[eb2mar2008]

I received a response for the e-request i created for out of normal processing time and here is what is the text:

Your priority Date is current and a visa is available. As such your file is been requested. Upon receipt, your case will be reviewed.You should receive correspondence in 90 days...and so on..

Does this mean my case is not even touched till now??

[self.coach]

Team,

My PD is Aug 2009. I have received USCIS notification email stating that for my wife's and my I-485 application, an RFE has been sent.

Regards,
Self.Coach

[vizcard]

Happy 4th of July people. See you on the other side with hopefully a LOT more approvals.

[Kanmani]

Guys,

Update : RFE - requesting initial evidence sent to us on 5th July 2014.

[eb2visa]

Are they working on a weekend too!!! Interesting...

[pspa80]

Hello Guys,

My PD is Mar-6-2009 (EB2I). I recently received the RFE for updated I-693 and EVL. I have filed my RFE response with the EVL from my current employer with whom I have been with since the beginning of my GC process. But now, I have an offer from another company and I would like to move. Would there be any issues if I use AC-21 provisions to move at this point?

I greatly appreciate your inputs. Thanks a lot.

[GCHopes]

Dang it! It's 7th July and still no reported I-485 approvals from Texas center so far? Not sure what's going on there..

[zenmaster]

Probably they need more time to adjudicate applications after RFE response.
This slowness in approval rate will definitely impact the next months' cut off date.
Needing more time to approve applications, serves as a solid reason for a big date movement !
I am predicting a mid-2009 date :)

[vizcard]

I concur with zenmaster. No approvals is a beautiful thing for mid 2009ers. I am all for a big movement.

Its been 3.5 working days in July and they were probably short staffed last week too.

Also, remember big movement doesn't necessarily mean approval. Ofcourse it'll be great for first time filers (to get EAD). Even, if things are slow for July VB folks, I don't expect Aug VB files to be approved before the July VB ones (just coz i don't expect actual files would be on their desks).. ofcourse who knows.

[vizcard]

Probably they need more time to adjudicate applications after RFE response.
This slowness in approval rate will definitely impact the next months' cut off date.
Needing more time to approve applications, serves as a solid reason for a big date movement !
I am predicting a mid-2009 date :)


The approvals on Trackitt are predominantly folks who filed last year (2013 RD) rather than 2011/2012 - so no RFE for them. This is case of clearing low-hanging fruit.

[iatiam]

Thank you!

Congrats Kanmani. You might strike it lucky this year. And I have to tell you that as ironic as it seems, getting an RFE is considered a good thing now. Sign of times.

Iatiam

[Kanmani]

No high hopes whatsoever. I am prepared for any thing good or bad after all sort of CoD leaks from law firms.

I am wondering how time changes our perspective, congratulating each other for getting an RFE. LoL! Thank you for your wishes!

[geevikram]

Yes, time does change our perspective. If I may suggest, please reply to your RFE ASAP even though your dates are not current. I'm seeing ppl who got RFE way early now getting their GC(in the first week since getting current).

Once again, congratulations on the RFE.


No high hopes whatsoever. I am prepared for any thing good or bad after all sort of CoD leaks from law firms.

I am wondering how time changes our perspective, congratulating each other for getting an RFE. LoL! Thank you for your wishes!

[helpful_leo]

The first guy to get greened at TSC has posted on trackitt ('greenedTSC').

PD 2005 EB3, ported to EB2 in 2012 - no RFE!

This last part is interesting and may be good news to folks who haven't received RFEs..

[ksur23]

I am in a similar situation too. Hopefully it isn't too risky a thing to do. I have accepted a new role and am moving in september regardless of how my gc fate goes (pd jan 2009).

Can a guru or someone who knows the game a bit comment on our situation?



Hello Guys,

My PD is Mar-6-2009 (EB2I). I recently received the RFE for updated I-693 and EVL. I have filed my RFE response with the EVL from my current employer with whom I have been with since the beginning of my GC process. But now, I have an offer from another company and I would like to move. Would there be any issues if I use AC-21 provisions to move at this point?

I greatly appreciate your inputs. Thanks a lot.

[eb2visa]

Got RFE mail after weird appellate body message. PD 08/09

[gc_dec_2008]

Hello all,

My PD is Dec 2008, my case status still shows acceptance, It is not even in initial review. Everyone I know already has received RFE's, Is there anything I can do?

Your help will be appreciated.

[self.coach]

Team,

My PD is Aug 2009. I have received USCIS notification email stating that for my wife's and my I-485 application, an RFE has been sent.

Regards,
Self.Coach

I have a question. Assuming I have I-693 and EVL RFE (primary) and I-693 RFE for dependent (spouse), and if we submit both responses in a week's time, what timeframes are we looking at for the Greencard?

Regards,
Self.Coach

[vizcard]

I am in a similar situation too. Hopefully it isn't too risky a thing to do. I have accepted a new role and am moving in september regardless of how my gc fate goes (pd jan 2009).

Can a guru or someone who knows the game a bit comment on our situation?

I don't think there are any issues. Just be sure to get copies of your immigration paperwork from your current lawyers. Not sure if they will be required in the future but good to have just in case.

PS: I will be changing jobs too very soon.

[pspa80]

I don't think there are any issues. Just be sure to get copies of your immigration paperwork from your current lawyers. Not sure if they will be required in the future but good to have just in case.

PS: I will be changing jobs too very soon.

Thanks, I thought so too and just wanted to get a second opinion.

In fact, it may be actually better to switch now using AC-21 than after you get the GC, because, it is generally recommended to stay with the GC sponsoring employer for 6 months after the receipt of GC.

[vizcard]

Thanks, I thought so too and just wanted to get a second opinion.

In fact, it may be actually better to switch now using AC-21 than after you get the GC, because, it is generally recommended to stay with the GC sponsoring employer for 6 months after the receipt of GC.

That's a myth. You have absolutely no obligation to stay with your employer unless you have signed a contract with them.

[vizcard]

I have a question. Assuming I have I-693 and EVL RFE (primary) and I-693 RFE for dependent (spouse), and if we submit both responses in a week's time, what timeframes are we looking at for the Greencard?

Regards,
Self.Coach

The "RFE Response Review" status online says 60 days but obviously that depends on if you are current or not at that time and if there are visa numbers (i.e. no internal retrogression).

[mechanical13]

Update: My wife and I received RFE notification email/SMS a few hours ago. PD 07/07/2009 TSC.

[venkat]

Hello Viz/Q/Spec/Kanmani/Sports,

Till what time do you think we need to wait before we go to the local USCIS office for infopass appointment?
There is absolute silence from TSC so far in terms of GC approvals

I've gone ahead and booked an appointment for the 22nd (that was the only date available).

Note:- The infopass system was not giving a proper option to select, hence i picked the EAD inquiry option from the available list.

Let me know

[Pundit Arjun]

Hello Viz/Q/Spec/Kanmani/Sports,

Till what time do you think we need to wait before we go to the local USCIS office for infopass appointment?
There is absolute silence from TSC so far in terms of GC approvals

I've gone ahead and booked an appointment for the 22nd (that was the only date available).

Note:- The infopass system was not giving a proper option to select, hence i picked the EAD inquiry option from the available list.

Let me know

Hi Venkat,
You can also call their 1-855 number and take an appointment.
I was told for an Infopass appointment - My priority date should be current and the service center processing time for the application should have passed with no progress to the application.
For E.g.: FOr my I485, I need my priority date to be current for 4 months with no progress on my application. The time frame of 4 months is the current I485 processing time for NSC.

Hope this helps

[Kanmani]

Arjun,

Is it not 60 days after RFE response has been submitted ? Not sure.

[JackD1]

Hey Viz, when did you apply for 485? Our PD is close and am wondering when our applications would be picked.

I applied in 04/2012 and rfe response was recieved on 6/23.
PD is 08/06/2008.

[ksur23]

I don't think there are any issues. Just be sure to get copies of your immigration paperwork from your current lawyers. Not sure if they will be required in the future but good to have just in case.

PS: I will be changing jobs too very soon.

Thanks Viz.

ps: From your earlier posts I understand you will be moving to an internal consulting role from a big 4 management consulting one. I am doing the reverse - mid-management to a boutique strat consulting firm.

[vizcard]

Thanks Viz.

ps: From your earlier posts I understand you will be moving to an internal consulting role from a big 4 management consulting one. I am doing the reverse - mid-management to a boutique strat consulting firm.

Not quite sure about that yet :)

[vizcard]

Hey Viz, when did you apply for 485? Our PD is close and am wondering when our applications would be picked.

I applied in 04/2012 and rfe response was recieved on 6/23.
PD is 08/06/2008.

Applied on 1/30/12. Replied to RFE on 6/12/14. Your guess is as good as mine in terms of approval.

[helpful_leo]

Applied on 1/30/12. Replied to RFE on 6/12/14. Your guess is as good as mine in terms of approval.

How long do you expect your PD to remain current, before retrogression kicks in?
Last year it kicked back in in the December VB - is that something that is kind of built in into the setting of cutoff PD dates (that the retrogression is likely to happen only in Dec), or is that just something arbitrary and can potentially happen earlier?

I am trying to assess how much of a window I have to get the GC, given the tardiness by TSC!

[mechanical13]

I've been following the evolution of the RFE (Trackitt) google docs and noticed that while NSC seems to very often request medicals only RFE, the TSC almost universally requests Medicals + EVL+I-94+Continuous employment eligibility.

Since this can't be merely coincidence (or sample bias), I am inclined to think that this is just the differences in the manner TSC and NSC handle cases. While USCIS is fully within its prerogative to ask for whatever documents they want, I am little baffled by this subtle (yet significant) difference in RFE format between the two service centers.

How can the USCIS service centers have different criteria for adjudication?

(The fact that TSC hasn't started sending our approvals is also a little irritating/baffling).


Thoughts?

[imdeng]

Got my medicals done. For folks looking at price point comparisons - its $200 per person here in upper midwest. Includes the TB skin test and blood draw for Syphilis. Most of the immunization from the last I-693 carried over except MMR which needed a second dose. My insurance pays for MMR - so got it done at my regular doctor's office. The nurse told me that I can get that for free as well at the county health office.

Also - the form has a column for flu with the header "Not Flu Season" - that puts to rest the debate about what to do about Flu vaccine when its not yet the flu season. Answer - don't get it and the doctor should check the column marked "not flu season".

[vizcard]

How long do you expect your PD to remain current, before retrogression kicks in?
Last year it kicked back in in the December VB - is that something that is kind of built in into the setting of cutoff PD dates (that the retrogression is likely to happen only in Dec), or is that just something arbitrary and can potentially happen earlier?

I am trying to assess how much of a window I have to get the GC, given the tardiness by TSC!

Well its definitely current till end of August based on the new VB and I expect it to remain current atleast till end of Sept.

Retrogression can happen at any point based on supply and demand. Last year, they basically cleared up some leftovers with the FY2014 regular allocation and hence dates didn't retrogress till Dec. We could potentially see that this year too but its not guaranteed.

[helpful_leo]

Well its definitely current till end of August based on the new VB and I expect it to remain current atleast till end of Sept.

Retrogression can happen at any point based on supply and demand. Last year, they basically cleared up some leftovers with the FY2014 regular allocation and hence dates didn't retrogress till Dec. We could potentially see that this year too but its not guaranteed.

Thanks Viz!

I will have one month less than you to get greened (getting current only on Aug 1)- hoping this year too dates don't retrogress till Dec!

Btw, has your status changed from RFE Response Review to something else?

[AC_1980]

Received RFE text for primary only (me) earlier this evening. EB2I July 2009 PD, TSC. I was with my sponsoring employer for a year after filing 485 (Feb 2012), after which switched job and filed AC21. Switched job again in Aug 2013 and did not file AC21 the second time. I suspect my RFE will be a EVL and not a medical, since dependent's online status did not change. This is just a guess at the moment, I will update as soon as I receive the physical mail. Good luck everyone!

[JackD1]

Applied on 1/30/12. Replied to RFE on 6/12/14. Your guess is as good as mine in terms of approval.

Hey Viz.. I got the approval email for both me and my wife's application.. hopefully you should be getting an update soon. I notice on trackitt that several people with PD 07-08/2008 have gotten approval today. Good Luck to everyone.

Thank you all the for expert comments and predictions.

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


Your Case Status: Card/ Document Production


On July 8, 2014, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.

[helpful_leo]

Hey Viz.. I got the approval email for both me and my wife's application.. hopefully you should be getting an update soon. I notice on trackitt that several people with PD 07-08/2008 have gotten approval today. Good Luck to everyone.

Thank you all the for expert comments and predictions.

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


Your Case Status: Card/ Document Production


On July 8, 2014, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.

Congrats Jack!

Are you TSC or NSC?

[Kanmani]

Congratulations Jack.

[JackD1]

Thanks guys.. NSC.. Lin129056xxxx

[vizcard]

Hey Viz.. I got the approval email for both me and my wife's application.. hopefully you should be getting an update soon. I notice on trackitt that several people with PD 07-08/2008 have gotten approval today. Good Luck to everyone.

Thank you all the for expert comments and predictions.

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


Your Case Status: Card/ Document Production


On July 8, 2014, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.



Congrats! now if only TSC would start approving cases, I will be in the same boat as you :)

[helpful_leo]

OK guys. Here is my case's latest status. Just got off the phone with an "L1" (I think). She repeated that nothing has been sent to my address. She did not transfer me to an L2 saying that they would have the same info (last 2 times, I was transferred to an L2 upon request...I guess too many people have been calling them since the morning).

I honestly have no idea if not receiving a medical RFE is a good thing or a bad thing. From what I have been reading, I seem to be in a minority (albeit a sizable minority). The next phone call will be on August 1 now.

Good luck all.

Good luck!

It is in everybody's interest - with and without RFEs - that folks without RFEs directly get GCs. Would mean less work for service centers and increased chances for all to get their GCs.

What really is the difference between L1 and L2? Are L2s the actual immigration officers?

[helpful_leo]

Congrats! now if only TSC would start approving cases, I will be in the same boat as you :)

Yes, this is a little worrying. Wish there was something from previous years that could reassure us that the initial TSC lag is normal, which is caught up by the end of the month!

[Kanmani]

helpful_leo,

Yes, L2 are Immigration officers who have access to our files. L1 from my experience looks like service centre folks.

Regarding time lag between service centres, NSC were comparatively slow in the past years.

[PD2008AUG25]

Yes, this is a little worrying. Wish there was something from previous years that could reassure us that the initial TSC lag is normal, which is caught up by the end of the month!

Does anyone think current migrant children crisis in Texas has anything to do with TSC not approving files? Have well-known immigration lawyers provided any useful updates regarding Service Centers in the past? If so, we can request these folks to get some info for us.

[helpful_leo]

helpful_leo,

Yes, L2 are Immigration officers who have access to our files. L1 from my experience looks like service centre folks.

Regarding time lag between service centres, NSC were comparatively slow in the past years.

Thanks Kanmani - good to know.

[helpful_leo]

Does anyone think current migrant children crisis in Texas has anything to do with TSC not approving files? Have well-known immigration lawyers provided any useful updates regarding Service Centers in the past? If so, we can request these folks to get some info for us.

That is a very good point no one seems to have thought up before - but I think at this point it is an unlikely cause for the TSC delays.

My understanding is that the Central Am refugee situation is at the present time more under the purview of law enforcement, deportation/ immigration judges and humanitarian / civic agencies. It will probably hit the TSC in some time, but probably not now.

If OTOH that really is the cause of the TSC delays, then it is very bad news for us as that is a huge crisis and will easily overwhelm TSC manpower for the next several months : (

[helpful_leo]

I don't think this is the case, but we will see. If the date moves to Oct/Nov 2009 in the September bulletin, I would have said yes to this theory, but the VB and Fragoman update seem to eliminate that possibility. If the date moves to March 2009, then TSC is expected to process a majority of its cases.

At some point, TSC will start the approvals. I think we are reading too much into a non-issue. It's just been 9 days and the USCIS has proven capable to approve hundreds of cases within a day in the past. If they expect to approve 15000 EB2I cases, they can do it in 20-30 days total.

I hope you are right!

I didn't get this part though: "If the date moves to Oct/Nov 2009 in the September bulletin, I would have said yes to this theory..".
Are you saying that if the refugee/illegal situation is a cause for the TSC delay, dates will move still further ahead in the Sept VB?

[bieber]

Does anyone think current migrant children crisis in Texas has anything to do with TSC not approving files? Have well-known immigration lawyers provided any useful updates regarding Service Centers in the past? If so, we can request these folks to get some info for us.

No, nothing at all

It must be something to do with process of reviewing RFEs while following some order

The texas border crisis needs completely different set of personnel, processes, systems

[mr53123]

Hello All,
I have a question and would appreciate any insight. Thanks to all who relentlessly offer their services on this forum.
Here is my case background.
- My P.D is Dec 2008. (EB2-I)
- My I-485 was filed in Feb 2012. My spouse could not file hers at that time because of a J1 issue.
- My company was purchased by another company on Jan 2013.
- Job title, location, salary remained the same. Hence company did not file any H1 amendment.
- My H1B and my wife's H4 is valid till Sep 2014.
- I got RFE last week for Medicals and EVL.

My questions are:
a) Is there a problem because my company didnt do anything for my H1B? Will that be a red flag when we
reply to RFE?
b) Is AC 21 valid in my case? The problem is only I have EAD, not my wife. However, our H1s are current and
valid.

[EB2-03252009]

Do you think I will be able to apply for EAD this year?


So here is one thing to understand. The movement that happened so far - pretty much means all these folks will be greened this year as long as their cases are without any issues. However, the movement that happens in september is going to be larger than truly required. So not everybody should expect to get greened.

My original prediction was not about date movement. It was about getting greened. I am talking about people upto Mar 2009 to expect to get greened. January is already real now. So I wouldn't be ashamed if the March prediction turns bad.

Now based on the bulletin if the movement is 1-3 months then most of those folks should be greened. But if it is much more than that then the prediction is saying that people beyond March should keep their hopes low. I don't mean to dampen anybody's spirits. So i will only be happy to be proved wrong.

[vizcard]

Hello All,
I have a question and would appreciate any insight. Thanks to all who relentlessly offer their services on this forum.
Here is my case background.
- My P.D is Dec 2008. (EB2-I)
- My I-485 was filed in Feb 2012. My spouse could not file hers at that time because of a J1 issue.
- My company was purchased by another company on Jan 2013.
- Job title, location, salary remained the same. Hence company did not file any H1 amendment.
- My H1B and my wife's H4 is valid till Sep 2014.
- I got RFE last week for Medicals and EVL.

My questions are:
a) Is there a problem because my company didnt do anything for my H1B? Will that be a red flag when we
reply to RFE?
b) Is AC 21 valid in my case? The problem is only I have EAD, not my wife. However, our H1s are current and
valid.

I doubt there would be an issue for your GC. You can always get it from your current company and word it just like you would if it was a completely new job. AC21 is definitely valid in your case. As long as your H1 is valid, your wife's H4 is valid.

Theres a potential separate issue of the validity of your H1. Since your petitioning company technically no longer exists (on paper), the USCIS could consider the H1 as invalid. I'm sure there are ways to resolve it if in fact this is true.

Kanmani, others - any insight?

[vyruss]

Precisely the reason why I was advocating to postpone a response to the medical RFE as much as possible. If you are a mid-2009 applicant, I would wait to see the September bulletin and then go get the tests.



The Fragoman update is pretty bad...a real slap in our faces if true.

Why are they sending medical RFEs is anyone's guess. However from my end, I still haven't received one and I have read confirmed accounts of such cases on trackitt. Now, I am getting more and more convinced that not everyone will be asked to resubmit. To extend the same logic further, all the RFEs people in 2009 are receiving this year will be kept valid for more than 1 year and be used when their dates are current again.
.

[Kanmani]

I doubt there would be an issue for your GC. You can always get it from your current company and word it just like you would if it was a completely new job. AC21 is definitely valid in your case. As long as your H1 is valid, your wife's H4 is valid.

Theres a potential separate issue of the validity of your H1. Since your petitioning company technically no longer exists (on paper), the USCIS could consider the H1 as invalid. I'm sure there are ways to resolve it if in fact this is true.

Kanmani, others - any insight?

Viz,

I see this scenario little complicated. We can consider this as a case of having joined in a completely different company, if new H1b approval is available for the new role. (AC21)

Consider this , if he has joined the current company using his EAD, then what about his wife status? H4 is no longer valid !

Comments expected from S and Q.

[qesehmk]

Hello All,
I have a question and would appreciate any insight. Thanks to all who relentlessly offer their services on this forum.
Here is my case background.
- My P.D is Dec 2008. (EB2-I)
- My I-485 was filed in Feb 2012. My spouse could not file hers at that time because of a J1 issue.
- My company was purchased by another company on Jan 2013.
- Job title, location, salary remained the same. Hence company did not file any H1 amendment.
- My H1B and my wife's H4 is valid till Sep 2014.
- I got RFE last week for Medicals and EVL.

My questions are:
a) Is there a problem because my company didnt do anything for my H1B? Will that be a red flag when we
reply to RFE?
b) Is AC 21 valid in my case? The problem is only I have EAD, not my wife. However, our H1s are current and
valid.
I think the new company could have filed something called as "Successor in interest". I think that's what the term is. Google it.

But the fact that they didn't shouldn't hurt the GC because then it can be considered an AC21. So either way you are safe.

As per H1B validity - if the company is a small company - desi owner - I would be worried because then perhaps there may be some negligence. But if the company is a big one - I wouldn't worry because they looked at H1 and made a determination to keep the status quo on H1.

AC21 doesn't require EAD. It requires approved 140 + 6 months past since filing of 485. You pass those conditions it seems.

So don't worry about anything. Things should be fine IMHO.

p.s. - In worst case if H1 is found invalid (which I don't believe will happen) I don't think that will impact your wife's ability to file 485. She probably will have to leave country but she should be able to file 485 (or CP depending on where she is when dates are current) as soon as dates are current. I guess the key for you is to ensure that the decision your company made on H1 was right one. But even if it was wrong and USCIS censures your company - you are not liable. You can simply go to another employer. Your GC should be safe.

[HR3012]

Q,

I received RFE and responded couple of weeks ago. My understanding is it takes around a month for USCIS to review the response. If they review it before 8/1 what happens to my case? I know it goes to adjudicated queue, but when will USCIS requests a visa? Thank you in advance!

[imdeng]

The choice is between $200-$300 per applicant extra cost and getting an early RD for RFE response in case dates move and it becomes a lottery for mid-to-late 2009. I would gladly spend the money (already have) for a better shot this year.

Precisely the reason why I was advocating to postpone a response to the medical RFE as much as possible. If you are a mid-2009 applicant, I would wait to see the September bulletin and then go get the tests.

[qesehmk]

Q,

I received RFE and responded couple of weeks ago. My understanding is it takes around a month for USCIS to review the response. If they review it before 8/1 what happens to my case? I know it goes to adjudicated queue, but when will USCIS requests a visa? Thank you in advance!

Guys I can't keep addressing individual scenarios. The best way is to learn and help yourself and if possible help others. There are somethings that nobody can answer such as this question. At some point of time it becomes a draw of luck. Country Category PD Receipt Date RFE response everything else being equal ... at some point of time its the adjudicating office who has to actually make a request for a visa. As per Aug 2009 EB2I date - you would've to be very lucky to get it this year. The numbers just aren't there.

[imdeng]

SR, Congressman, Senator, Calls to Level 2... I don't know whether any of these help at all - but I guess we all will be doing it this summer if dates indeed go to the random-lottery-range.

That is my understanding too Q .

So can we call the net approvals in this FY would be up to March'09, because the left outs will be all over say, from feb' 09 to june - oct'09. Why I think so, because, the slow pace approvals from USCIS might push all the three batches into one pool starting from September, so that the outcome will totally depend upon the efficient adjudicators out of the hundreds spread across, who are not sleeping with RFE response inside their table drawers.

Guys be ready to raise SR.

[imdeng]

Likely I would say. You will know in just about a month. Keep your paperwork ready since you might have a small window to push things out.

Do you think I will be able to apply for EAD this year?

[helpful_leo]

Guys I can't keep addressing individual scenarios. The best way is to learn and help yourself and if possible help others. There are somethings that nobody can answer such as this question. At some point of time it becomes a draw of luck. Country Category PD Receipt Date RFE response everything else being equal ... at some point of time its the adjudicating office who has to actually make a request for a visa. As per Aug 2009 EB2I date - you would've to be very lucky to get it this year. The numbers just aren't there.

Not sure what I am missing here - shouldn't he be more or less slam dunk (barring any surprises) to get GC this year? His PD is 09/25/2008.

Edit: Just realized that you may have read his PD as Aug 2009?

[EB2-03252009]

Thank you for your reply :). I really hope that I get a chance to apply for EAD this yr.


Likely I would say. You will know in just about a month. Keep your paperwork ready since you might have a small window to push things out.

[qesehmk]

Not sure what I am missing here - shouldn't he be more or less slam dunk (barring any surprises) to get GC this year? His PD is 09/25/2008.

Edit: Just realized that you may have read his PD as Aug 2009?
Oops!! My bad! Sorry HR3012. You should've been actually approved by now. Give it a month max since you sent RFE and harass them. Talk to senator. Good luck.

[venkat]

I saw this link from last year.

http://www.petition2congress.com/14334/speed-up-uscis-texas-service-center-employment-based-aos-case-pro/

I think its too early but if there is no progress then what option do we have?
anyone got any update from lawyers like fragomen/murthy/oh law firm regarding the delay?

[helpful_leo]

I saw this link from last year.

http://www.petition2congress.com/14334/speed-up-uscis-texas-service-center-employment-based-aos-case-pro/

I think its too early but if there is no progress then what option do we have?
anyone got any update from lawyers like fragomen/murthy/oh law firm regarding the delay?

All I hear is random speculation on trackitt - no credible reason being provided. Like sports here said, it just may be too early - still, it is concerning, because the approval window is so narrow and the waits so long!

Is there a way we can submit an online or offline petition to the head guy at TSC (rather than to a remote Congress in DC) - again reminding him how much we have riding on their efficient processing? Sort of like putting human faces on to the random SRC #s they deal with everyday.

[pdfeb09]

Hello All,
I have a question and would appreciate any insight. Thanks to all who relentlessly offer their services on this forum.
Here is my case background.
- My P.D is Dec 2008. (EB2-I)
- My I-485 was filed in Feb 2012. My spouse could not file hers at that time because of a J1 issue.
- My company was purchased by another company on Jan 2013.
- Job title, location, salary remained the same. Hence company did not file any H1 amendment.
- My H1B and my wife's H4 is valid till Sep 2014.
- I got RFE last week for Medicals and EVL.

My questions are:
a) Is there a problem because my company didnt do anything for my H1B? Will that be a red flag when we
reply to RFE?
b) Is AC 21 valid in my case? The problem is only I have EAD, not my wife. However, our H1s are current and
valid.

Did the name of your company change OR does it operate with the same name and same IRS Number for tax purposes?

If the name and/or the tax number has changed, then you would have needed a new/transferred H1B ... not if only the owner changed and not the actual enterprise.

I may be wrong on this one, but something similar happened to one of my friends and he went through GC fine because the original company continued to exist as is with a different owner.

[saibaba01]

Hi All,

My 485 date is current as of July 1st (PD Mar 2008 EB2 I) at TSC and I dont see any update on the case status on USCIS website. Hence I contacted the local congressman office and received response that the case is assigned to an Officer and is actively being worked on. The office also said they will again followup on Friday and so is it Ok for the office to do regular followups or will there be a negative impact due to these follow-ups from the congressman office?

[helpful_leo]

Hi All,

My 485 date is current as of July 1st (PD Mar 2008 EB2 I) at TSC and I dont see any update on the case status on USCIS website. Hence I contacted the local congressman office and received response that the case is assigned to an Officer and is actively being worked on. The office also said they will again followup on Friday and so is it Ok for the office to do regular followups or will there be a negative impact due to these follow-ups from the congressman office?

Not an expert, but I have seen several trackitt users use Congressmen for inquiries, and have gotten their GCs. So, I do not think it has a negative effect.
How much of a positive effect it has, I am not sure.

OTOH, regular follow-ups seem pointless to me, since whatever benefit the inquiry does would have happened with the initial inquiry itself.

[saibaba01]

Thank You helpful_leo.

The office itself mentioned that they will follow-up again on Friday and so wanted to make sure that doesnot have a negative impact and if yes thought of calling congressman office to not do any additional follow-up. But for now I will leave it as is and will wait for update from congressman office on friday in case if they get anything different from today.

Thanks again!


Not an expert, but I have seen several trackitt users use Congressmen for inquiries, and have gotten their GCs. So, I do not think it has a negative effect.
How much of a positive effect it has, I am not sure.

OTOH, regular follow-ups seem pointless to me, since whatever benefit the inquiry does would have happened with the initial inquiry itself.

[HR3012]

Oops!! My bad! Sorry HR3012. You should've been actually approved by now. Give it a month max since you sent RFE and harass them. Talk to senator. Good luck.

Thank you for the reply and sorry to bother you again. But my PD will be current in August, my question is what if my case is adjudicated in July?

[ramaka02]

Could you please let me know how to go about contacting the congressman? Its been 1 month since I sent in my RFE and no updates so far. Fellow TSCer here.


Thank You helpful_leo.

The office itself mentioned that they will follow-up again on Friday and so wanted to make sure that doesnot have a negative impact and if yes thought of calling congressman office to not do any additional follow-up. But for now I will leave it as is and will wait for update from congressman office on friday in case if they get anything different from today.

Thanks again!

[qesehmk]

Thank you for the reply and sorry to bother you again. But my PD will be current in August, my question is what if my case is adjudicated in July?
It won't be adjudicated prior to review of your RFE. After it is adjudicated USCIS will request a visa. So give it till mid August. You should be greened.

[Pundit Arjun]

Arjun,

Is it not 60 days after RFE response has been submitted ? Not sure.
Not sure with regards to RFE response. I was told this information when I had called USCIS to enquire about my 485 status.

[saibaba01]

I searched for my state congressman names on Google and sent them emails through contact link in their website. I received a call and they sent me privacy waiver document to sign and once I signed and sent the same back the office raised a request for status to uscis.


Could you please let me know how to go about contacting the congressman? Its been 1 month since I sent in my RFE and no updates so far. Fellow TSCer here.

[Kanmani]

Not sure with regards to RFE response. I was told this information when I had called USCIS to enquire about my 485 status.

My RFE (2012) response review status message showed 60 days timeline, but that should be applicable for non-retrogressed countries staying current all-time.

This spillover season should be exempted from SR timelines.

[dalian]

Gurus, My PD is 12/09/2008 and I haven't received any RFEs for medicals and EVL. I will be current in August. Are there a lot of people in the same situation or its just a few?

[Kanmani]

Thank you for the reply and sorry to bother you again. But my PD will be current in August, my question is what if my case is adjudicated in July?

As far as I know, the automated visa allocation system IVAMS won't issue a visa, unless the PD under the specific country is current. If you are current in August and the adjudicator sends visa request in July, it must show an error. I have no idea on spillover season's visa allocation formality, whether it is automated or manual.

Even if you are issued an visa accidentally, enjoy your green life. Nothing wrong.

[HR3012]

As far as I know, the automated visa allocation system IVAMS won't issue a visa, unless the PD under the specific country is current. If you are current in August and the adjudicator sends visa request in July, it must show an error. I have no idea on spillover season's visa allocation formality, whether it is automated or manual.

Even if you are issued an visa accidentally, enjoy your green life. Nothing wrong.

Thank you for the reply Kanmani. Sorry, my question is not clear I meant to say pre-adjudicated. If they review my RFE response in July it cannot be adjudicated as my PD is not current. So, it will be pre-adjudicated? Then once my PD becomes current how my file will be pulled out for a visa number? Thanks in advance!

[vizcard]

Thank you for the reply Kanmani. Sorry, my question is not clear I meant to say pre-adjudicated. If they review my RFE response in July it cannot be adjudicated as my PD is not current. So, it will be pre-adjudicated? Then once my PD becomes current how my file will be pulled out for a visa number? Thanks in advance!

Theoretically yes. But it is unlikely they will be handling applications that are not current. Its taking enough time to review and approve the ones that are current (based on Trackitt approvals).

[helpful_leo]

Guys sorry about this rant - any insights, thoughts, experience appreciated: (PD Dec 2008, TSC, EB2I)

2nd week of June we got texts that both my wife & my RFEs were sent. I received RFE copy in mail 2 days later but my wife (she is primary applicant) never got it. In the meantime, our lawyer told us they got both our RFEs. So we completed medicals & EVL and sent it to them, and they returned it to USCIS. Last Thursday we got texts for both of us that RFE response was received, and online status was also updated to RFER.

Late yesterday, however, we got text/email that the postal service had returned a USCIS notice sent to my wife's (our) address & that we need to update our address to ensure delivery. Her status changed back to initial review (from RFER); btw, our address had already been updated, & we had also received EADs at new address before, and moreover I had confirmed address with them on phone earlier.

On calling, L1 said they need to update address & send me RFE again. He didn't seem to understand - despite multiple repetitions - about USCIS already having received & acknowledged RFE response via lawyer. He was going by the latest online status, which just says Initial Review (with note below saying RFE was returned by USPS). I had a hard time convincing him to connect me to L2, and eventually he did. L2 saw my file, agreed we had sent RFER, & when she checked she found TSC had sent the RFE to MISTYPED address (top line was new address, City, state, zip was old address!!). She changed address but said they have to re-send RFE to new address. Then she said we didn't have to respond to it as they already have the response, and that it won't affect our processing time - although I do not know how credible that info is.

I am really concerned that our clock now goes back to RFE notice, as the status has gone back to Initial Review (with note about RFE returned by USPS), although they had already received RFE response! Very frustrating...

[vizcard]

Guys sorry about this rant - any insights, thoughts, experience appreciated: (PD Dec 2008, TSC, EB2I)

2nd week of June we got texts that both my wife & my RFEs were sent. I received RFE copy in mail 2 days later but my wife (she is primary applicant) never got it. In the meantime, our lawyer told us they got both our RFEs. So we completed medicals & EVL and sent it to them, and they returned it to USCIS. Last Thursday we got texts for both of us that RFE response was received, and online status was also updated to RFER.

Late yesterday, however, we got text/email that the postal service had returned a USCIS notice sent to my wife's (our) address & that we need to update our address to ensure delivery. Her status changed back to initial review (from RFER); btw, our address had already been updated, & we had also received EADs at new address before, and moreover I had confirmed address with them on phone earlier.

On calling, L1 said they need to update address & send me RFE again. He didn't seem to understand - despite multiple repetitions - about USCIS already having received & acknowledged RFE response via lawyer. He was going by the latest online status, which just says Initial Review (with note below saying RFE was returned by USPS). I had a hard time convincing him to connect me to L2, and eventually he did. L2 saw my file, agreed we had sent RFER, & when she checked she found TSC had sent the RFE to MISTYPED address (top line was new address, City, state, zip was old address!!). She changed address but said they have to re-send RFE to new address. Then she said we didn't have to respond to it as they already have the response, and that it won't affect our processing time - although I do not know how credible that info is.

I am really concerned that our clock now goes back to RFE notice, as the status has gone back to Initial Review (with note about RFE returned by USPS), although they had already received RFE response! Very frustrating...

The online status is a lagging indicator i.e. its an "after the fact" notification. It does not drive the process. They have received and acknowledged your response. That means they are looking at your file. Plus the L2 said it won't affect the processing time.

[vizcard]

Can someone venture a guess (or an educated opinion) as to why TSC hasn't approved a single EB2I case so far (atleast based on Trackitt). They've had 7.5 working days - still only 3 EB2 approvals in July - 2 EB2ROW and 1 EB2C

[helpful_leo]

The online status is a lagging indicator i.e. its an "after the fact" notification. It does not drive the process. They have received and acknowledged your response. That means they are looking at your file. Plus the L2 said it won't affect the processing time.

Good point, and well put. I am also hoping that is all there is to it.

My concern was - the way the monstrous USCIS machinery functions - if the online status affects the queuing of cases, which can make a difference in a time crunch situation, such as that we have with the narrow window for GC approval. For example, the L1 officer, otherwise reasonable and coherent, had a really hard time understanding that USCIS could have received the RFE response, when their system showed USPS returned the mail. I am worried if more significant folks at TSC also interface with my case via the online status.

[hulimari]

Hi All,

Have a quick question on RFE reply. I received RFE for both me my wife and I was wondering should send both out replies in one package or separate ones? Appreciate your replies.

Thanks

[PD2008AUG25]

Given these complex factors, the TSC is collecting all files that need to be sent to completion in a "centralized manner". Once they do this computation, they will tell CO how many cases they will approve, and CO will decide where to put the September bulletin date. That's basically it.



I really want to believe in your theory as it is one the most positive explanation to what could be going on. I would think in this case, CO would coordinate with all service centers, not just TSC. NSC is happily approving GCs, even to the RFEs responded 3 weeks back.

I think there is something systematically wrong with TSC this time. RFEs not delivered, RFEs not issued, No status change or update alerts, RFEs issued to people outside of potential movement and on top of that CO's ominous warning. All point to some massive f**k up.

I spammed few lawyers on twitter about this, but haven't heard anything back.

[vizcard]

Hi All,

Have a quick question on RFE reply. I received RFE for both me my wife and I was wondering should send both out replies in one package or separate ones? Appreciate your replies.

Thanks

One package is fine just put them in separate envelopes with the respective cover page on top.

[helpful_leo]

I really want to believe in your theory as it is one the most positive explanation to what could be going on. I would think in this case, CO would coordinate with all service centers, not just TSC. NSC is happily approving GCs, even to the RFEs responded 3 weeks back.

I think there is something systematically wrong with TSC this time. RFEs not delivered, RFEs not issued, No status change or update alerts, RFEs issued to people outside of potential movement and on top of that CO's ominous warning. All point to some massive f**k up.

I spammed few lawyers on twitter about this, but haven't heard anything back.

I too hope Sports is right, and his explanation is quite plausible. Except that NSC appears not to be following that script.

Honestly, learning how TSC screwed up my RFE mailing address - mixing the street line from my current address & city line from a 3 yr old address - (and this after once having sent EADs to the right address) has put me in a state of mild shock regarding their operational accuracy/efficiency and work culture in general!

The current TSC tardiness may also be a case where we should not attribute to complexity what may be explained by mere incompetence - esp. since old 2010 trackitt threads are also complaining selectively about TSC.

[RMS_V13]

Helpful Leo : Our status changed from RFERR to Initial review on June 20th. We changed our address in 2012 December and we even got our new EADs to that address. Our RFEs were delivered to the new address. Wonder why ours changed to Initial Review too. Status says :

Initial Review

On June 20, 2014, your address was changed relating to the I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.

Hope they don't look for RFERR status to identify cases for next step.

[helpful_leo]

Helpful Leo : Our status changed from RFERR to Initial review on June 20th. We changed our address in 2012 December and we even got our new EADs to that address. Our RFEs were delivered to the new address. Wonder why ours changed to Initial Review too. Status says :

Initial Review

On June 20, 2014, your address was changed relating to the I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.

Hope they don't look for RFERR status to identify cases for next step.

I personally think you are good, as I have seen many posters change from RFER to IR and then get GCs (and some never do but still get it).
So it seems there is a valid reason to progress from RFER to IR - presumably, that the RFER was found valid.

My problem is that my reversion to the IR status is due to the weird scenario I've described earlier, and seems to be sort of a 'pre-RFE' Initial Review status, rather than the post-RFER Initial Review status, that yours seems to be (despite the random reference to address change). My status reads like below (and it is true they sent it to wrong address and it was undeliverable):

Your Case Status: Initial Review

On July 9, 2014, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.

[RoosterC]

About CO's ominous warning: I just think it's a slap in the face of trigger happy desi people who are probably flooding their call centers. When I called yesterday, the L1 simply did not transfer me to the L2 and I read on trackitt it's been done to everyone now. I would say, let's not make matters worse if they are bad already.

What is the ominous warning referred to in this post?

[helpful_leo]

Relevant to the discussion here, someone posted this on Trackitt (if this breaks any rules here, pls delete):

"Spoke to my attorney who had a chat today with the guys at TSC. He told me that TSC wants to finish sending RFEs to all those who are current in July (whose medicals are expired) before granting visas. He was also told that TSC is systematic in issuing GCs( RFE first, gc later)."

[vizcard]

First TSC approval is on Trackitt - username risingstar.

[jackbrown_890]

I really want to believe in your theory as it is one the most positive explanation to what could be going on. I would think in this case, CO would coordinate with all service centers, not just TSC. NSC is happily approving GCs, even to the RFEs responded 3 weeks back.

I think there is something systematically wrong with TSC this time. RFEs not delivered, RFEs not issued, No status change or update alerts, RFEs issued to people outside of potential movement and on top of that CO's ominous warning. All point to some massive f**k up.

I spammed few lawyers on twitter about this, but haven't heard anything back.
I would also like to believe his theory but something doesn't add up. as you said "RFEs issued to people outside of potential movement"..and it is not like just 1 or 2 random late 2009 PD people like me got RFE. Its big number. See number collected on Trackitt (https://docs.google.com/spreadsheets/d/1NWODLypLcLSz32yBUueuPLO8zXN71Slct136h8WRssk/htmlview?pli=1&sle=true#): And not all are included in this data. and the RFE stops exactly at end of October, 2009 pd. Someone has told them to issue RFEs upto OCT. 2009 pd. even after CO's warning, couple of people with late 09 pd are receiving RFEs.

[venkat]

what a relief? Hope we see at least 10 approvals in Trackitt tomorrow (that will equate to 60-70 cases in the real world)

His PD is similar to yours (who knows you may be next :)), not sure whether it matters but his initial 485 received date is 11-Jan-2012

I'm beginning to see light at the end of tunnel now



First TSC approval is on Trackitt - username risingstar.

[PD2008AUG25]

First TSC approval is on Trackitt - username risingstar.

That's great news. I hope it is followed by at least a few more approvals soon. Otherwise, it will only deepen the mystery.

[PD2008AUG25]

My point was that there is something systematic about lack of approvals. Given that the date will hold at least for 4 months, there is absolutely no reason for any concern whatsoever in the first 2 weeks itself.

That is true, it is just that with porters, late 2013 filers (most of NSC approvals as no RFEs for them) and first time filers, it makes people like me very anxious. Thought of being left behind this time, even though I-485 was filed 2 years ago, because recent filers can easily get approved is just unsettling.

[Spectator]

It might turn into a fiasco or the USCIS might just extend the validity (which is far more plausible) and award green cards next fiscal without requiring another renewal.
I think that is probably unlikely. CDC set the policy and USCIS cannot unilaterally ignore that.

Given how long it took to put a new policy in place, I don't see it changing again in time for next year.

Once people have to retake medicals, USCIS will be in a position to have a conversation with CDC about the impact.

I always thought the new policy would set a validity period of 2-3 years, precisely to avoid the situation people will find themselves in. That would have virtually eliminated the need for repeat medical exams and still addressed CDC's valid health concerns. Eventually, that is where I think we might end up, but the wheels grind exceedingly slowly.

[helpful_leo]

Update on continuing weirdness with my wife's situation at TSC ( she is primary applicant; EB2I, Dec 2008 PD):

Her status had changed to IR from RFER on Wed, as the duplicate RFE sent by USCIS to wrong address was returned to them. We had earlier replied to RFE sent to the lawyer and they had acknowledged receipt.

Well, today morning we got notice of 'Card production ordered', and to wait 30 days to receive it. Problem is, she is current only on Aug 1.

My status is still RFER.

[Spectator]

Update on continuing weirdness with my wife's situation at TSC ( she is primary applicant; EB2I, Dec 2008 PD):

Her status had changed to IR from RFER on Wed, as the duplicate RFE sent by USCIS to wrong address was returned to them. We had earlier replied to RFE sent to the lawyer and they had acknowledged receipt.

Well, today morning we got notice of 'Card production ordered', and to wait 30 days to receive it. Problem is, she is current only on Aug 1.

My status is still RFER.What does the message say?

I'm going to hazard a guess it says "We mailed the document" or something similar. That would just say they had resent the RFE.

If it does say "We ordered production of your new card" then that would be an approval and be somewhat odd, particularly if you have not also been approved as the primary.

[hulimari]

Thanks Viz

[saibaba01]

One more approval from TSC...on trackitt... user name Iluvgreen.. 2013 filer .. PD apr 2008 No RFE

[helpful_leo]

What does the message say?

I'm going to hazard a guess it says "We mailed the document" or something similar. That would just say they had resent the RFE.

If it does say "We ordered production of your new card" then that would be an approval and be somewhat odd, particularly if you have not also been approved as the primary.

Yes, you are correct!

I was expecting the RFE re-send notice to show as 'RFE' status, as it did the last time they sent it. Anyway, this makes more sense.

So now we will receive an RFE notice to which we should not respond (as told by an L2 officer)!

[vizcard]

Few more TSC approvals today but all but one with RD of 2013. Low hanging fruit.

[helpful_leo]

Yes, you are correct!

I was expecting the RFE re-send notice to show as 'RFE' status, as it did the last time they sent it. Anyway, this makes more sense.

So now we will receive an RFE notice to which we should not respond (as told by an L2 officer)!

The update further says that this status typically applies to persons expecting to receive GC, naturalization or EAD cards. However, I think Spec is right and in this case refers to the RFE being re-mailed, as "Card/ Document Production" is a better fit than "RFE" status, as they do not want us to respond to the RFE.

"Your Case Status: Card/ Document Production


On July 11, 2014 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.


This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283."

[helpful_leo]

Few more TSC approvals today but all but one with RD of 2013. Low hanging fruit.

Yes, they seem to be going for 2013 RDs without RFEs. Some of those RDs seem to be from Nov '13, for which they had several more months to go before Medical expiry.

[RMS_V13]

Helpful_leo,

Ask your lawyer..don't just go by l2s word.


Will there be a prob if u called again and ask l2 after receiving the doc?

[Pundit Arjun]

My RFE (2012) response review status message showed 60 days timeline, but that should be applicable for non-retrogressed countries staying current all-time.

This spillover season should be exempted from SR timelines.
You are correct, Kanmani. For RFE response, the USCIS indicates the 60 day timeline to provide an update to the case.
The following is a snippet from my RFE response update status :
"We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence."