PDA

View Full Version : The FY2014 RFE Thread



Pages : 1 2 [3] 4

helpful_leo
07-12-2014, 10:40 AM
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?

Thanks, plan to do that.

Once we receive the duplicate RFE, will first call L2 again and ask if they expect a response. I also do not want to take the chance that our case does not progress because something in their file remains open because of procedural reasons.

Will then check with the lawyer, after the L2 response.

RMS_V13
07-12-2014, 05:15 PM
I got an Initial Review- Address change status notification email. You browse the internet and you will see good and bad on this status.



Thanks, plan to do that.

Once we receive the duplicate RFE, will first call L2 again and ask if they expect a response. I also do not want to take the chance that our case does not progress because something in their file remains open because of procedural reasons.

Will then check with the lawyer, after the L2 response.

AC_1980
07-14-2014, 10:10 PM
Note to the moderator: please move my post to the appropriate thread as applicable, sorry for posting here; in a rush to post my question, I could not find the applicable thread myself.

EB2-I PD July 2009, filed 485 in Feb 2012, then changed employers once in March 2013 (1 year later), then again in Aug 2013. Filed AC21 the first time, but not the second time. RFE received today asking for EVL for primary (me) and Medicals for both primary and secondary.

I am currently in the process of contacting my lawyer to prepare for RFE response. my wife has her H1B (through her employer) interview in Canada next week. this is something she set up a few months ago when we were not anticipating a RFE. At this point, is it safe for her to travel for her H1B stamping? my gut tells me that it should be fine, USCIS would not care about the deal with 485 while evaluating her H1B application. I would like to get the thoughts of others here. Please weigh in, I appreciate all responses in advance.

Kanmani
07-15-2014, 07:06 AM
Note to the moderator: please move my post to the appropriate thread as applicable, sorry for posting here; in a rush to post my question, I could not find the applicable thread myself.

EB2-I PD July 2009, filed 485 in Feb 2012, then changed employers once in March 2013 (1 year later), then again in Aug 2013. Filed AC21 the first time, but not the second time. RFE received today asking for EVL for primary (me) and Medicals for both primary and secondary.

I am currently in the process of contacting my lawyer to prepare for RFE response. my wife has her H1B (through her employer) interview in Canada next week. this is something she set up a few months ago when we were not anticipating a RFE. At this point, is it safe for her to travel for her H1B stamping? my gut tells me that it should be fine, USCIS would not care about the deal with 485 while evaluating her H1B application. I would like to get the thoughts of others here. Please weigh in, I appreciate all responses in advance.

It is absolutely fine to proceed with her H1b stamping. Don't forget to include her latest I-94, with your RFE response. ( I am not sure about issuance of I-94 to non-Parolees)

Kanmani
07-15-2014, 07:39 AM
Soggadufan,

Congratulations!

We got your earlier messages and moved your post to celebrations thread here ....http://www.qesehmk.org/forums/showthread.php/2219-Celebrations-amp-Thanks?p=47631#post47631

AC_1980
07-15-2014, 09:10 AM
Kanmani, thank you for your recommendation, I really appreciate it.

I have one more question that I would like to ask you and others here. My lawyer says that since the medical is valid only for 1 year, we should wait until the Sept bulletin is out to see if we are current, then go for the medical exam and respond to the RFE. If my date does not become current this year, the lawyer suggests that it is best that we wait until close to the RFE response date and respond then, so that my medical stands a better chance to be current when my PD becomes current in the near future. Is that a good approach? or should I get the medicals done asap and respond to the RFE? Please suggest. thanks

qbloguser
07-15-2014, 09:48 AM
My lawyer said exactly opposite. He said since we cannot predict anything so there is no way we can time this thing. Just respond to your RFE in timely manner! My 2 cents :D

My Pd Is Apr-2009


Kanmani, thank you for your recommendation, I really appreciate it.

I have one more question that I would like to ask you and others here. My lawyer says that since the medical is valid only for 1 year, we should wait until the Sept bulletin is out to see if we are current, then go for the medical exam and respond to the RFE. If my date does not become current this year, the lawyer suggests that it is best that we wait until close to the RFE response date and respond then, so that my medical stands a better chance to be current when my PD becomes current in the near future. Is that a good approach? or should I get the medicals done asap and respond to the RFE? Please suggest. thanks

Kanmani
07-15-2014, 10:10 AM
AC_1980,

If your lawyer is that much confident in timing the RFE plus if you personally believe in his efficiency, you may respond as per his suggestion. My personal perspective is to respond as soon as possible.

The following is from Aytes memo on Case Management timelines.

"An RFE is a single opportunity for a customer to provide the requested information. An extension of the standard RFE timeframe cannot be provided nor should we repeat requests for the same evidence."

pdfeb09
07-15-2014, 10:59 AM
It is absolutely fine to proceed with her H1b stamping. Don't forget to include her latest I-94, with your RFE response. ( I am not sure about issuance of I-94 to non-Parolees)

Kanmani,

I am curious to see you mention the inclusion of I-94 with the dependants' response. Do you recommend that inclusion even if the RFE does not explicitly ask for it? I ask this because in my case the primary (me) was asked to submit the EVL, proof of legal residence and the I693, whereas the dependent (my wife) was asked to submit I693 only.

Thanks for any input.

Kanmani
07-15-2014, 11:29 AM
Kanmani,

I am curious to see you mention the inclusion of I-94 with the dependants' response. Do you recommend that inclusion even if the RFE does not explicitly ask for it? I ask this because in my case the primary (me) was asked to submit the EVL, proof of legal residence and the I693, whereas the dependent (my wife) was asked to submit I693 only.

Thanks for any input.

pdfeb09,

We are responding through company's law firm and they asked us to provide I-94/EAD-AP copies for the dependent too. I just looked into our physical copy, dependents are required to submit the medicals alone. I am sorry about the previous comment. I at many times think I am the primary, my bad.

vizcard
07-15-2014, 11:45 AM
Kanmani, thank you for your recommendation, I really appreciate it.

I have one more question that I would like to ask you and others here. My lawyer says that since the medical is valid only for 1 year, we should wait until the Sept bulletin is out to see if we are current, then go for the medical exam and respond to the RFE. If my date does not become current this year, the lawyer suggests that it is best that we wait until close to the RFE response date and respond then, so that my medical stands a better chance to be current when my PD becomes current in the near future. Is that a good approach? or should I get the medicals done asap and respond to the RFE? Please suggest. thanks

The clock starts after the USCIS receives the medicals response. So you can get the medicals done but don't submit it till the Sept bulletin comes out. If you are current then send it in immediately. If you are not, then submit the response as late as possible.

Your lawyer's suggestion makes sense if you are not going to be current this year. There should be some posts in this thread a few pages back where a similar question was asked. Also, in the last page or so, Spec has put a link to Medicals thread. You can check that out too. There are specific guidelines as published by the USCIS field handbook.

pdfeb09
07-15-2014, 11:55 AM
pdfeb09,

We are responding through company's law firm and they asked us to provide I-94/EAD-AP copies for the dependent too. I just looked into our physical copy, dependents are required to submit the medicals alone. I am sorry about the previous comment. I at many times think I am the primary, my bad.

You would probably qualify as primary under some sort of NIW category if not under any of the EB1 :)

.. anyways .. I almost included my wife's I94 and other documents to show her legal residence along with the 693 .. but then backed out thinking "If it is not asked for.. do not provide !!".

But, when I saw your reply I wondered if I had missed anything that you know of .. and hence the question ..

You don't have to apologize for anything .. the discussion may help someone in a position similar to mine..

Thanks !

helpful_leo
07-15-2014, 12:27 PM
pdfeb09,

We are responding through company's law firm and they asked us to provide I-94/EAD-AP copies for the dependent too. I just looked into our physical copy, dependents are required to submit the medicals alone. I am sorry about the previous comment. I at many times think I am the primary, my bad.

By I-94, do we specifically mean the card stamped and attached to passport at US entry-point, or are we including the card that is attached at the bottom of the USCIS H1B approval / I-797 notices (which is present automatically when you only submit the H1B approval notices)?

I ask because we found that (at least this February) H1B visas were not being stamped with I-94 cards at US entry points (EAD-AP entry still needed I-94s; my wife is primary & on H1B, I am on EAD). We were surprised and double checked with the Immigration officer and he confirmed I-94 was no longer needed for H1B entry.

pdfeb09
07-15-2014, 12:46 PM
By I-94, do we specifically mean the card stamped and attached to passport at US entry-point, or are we including the card that is attached at the bottom of the USCIS H1B approval / I-797 notices (which is present automatically when you only submit the H1B approval notices)?

I ask because we found that (at least this February) H1B visas were not being stamped with I-94 cards at US entry points (EAD-AP entry still needed I-94s; my wife is primary & on H1B, I am on EAD). We were surprised and double checked with the Immigration officer and he confirmed I-94 was no longer needed for H1B entry.

You do not get I94 stapled in your passport anymore. If you have traveled recently and have not received your I94 at the port of entry, you can get a copy of the I94 online here (https://i94.cbp.dhs.gov/I94/request.html;jsessionid=nnC3TFnYxv1f0T0Qy1yq43hJ7p zJg5GV8Vrpxfw2j2vygVVKh92v!1351627892). This has been talked about in this forum somewhere, I forget where exactly. I got mine online and it is pretty straightforward.

If you have not traveled since you last received your H1B or any other non-immigrant visa approval with an attached I94 to it, then you could/should submit that along with the copy of the visa approval.

Hope this helps.

qbloguser
07-15-2014, 12:46 PM
you can print your i94 from the following link:

https://i94.cbp.dhs.gov/I94/request.html


By I-94, do we specifically mean the card stamped and attached to passport at US entry-point, or are we including the card that is attached at the bottom of the USCIS H1B approval / I-797 notices (which is present automatically when you only submit the H1B approval notices)?

I ask because we found that (at least this February) H1B visas were not being stamped with I-94 cards at US entry points (EAD-AP entry still needed I-94s; my wife is primary & on H1B, I am on EAD). We were surprised and double checked with the Immigration officer and he confirmed I-94 was no longer needed for H1B entry.

Kanmani
07-15-2014, 12:49 PM
By I-94, do we specifically mean the card stamped and attached to passport at US entry-point, or are we including the card that is attached at the bottom of the USCIS H1B approval / I-797 notices (which is present automatically when you only submit the H1B approval notices)?

I ask because we found that (at least this February) H1B visas were not being stamped with I-94 cards at US entry points (EAD-AP entry still needed I-94s; my wife is primary & on H1B, I am on EAD). We were surprised and double checked with the Immigration officer and he confirmed I-94 was no longer needed for H1B entry.


Quote from the recent RFE: "Copies of Form I-94 Arrival/Departure Records showing you were admitted to the US in an employment authorized non immigrant status."

Here the I-94 refers to non-immigrant admission, since, the word 'Admitted' specifically not applicable for entering into US on advance parole. We entered the country using AP. I suggest someone who have used their visa stamp recently and having submitted the RFE response could clear our doubt.

Electronic AP copies can be downloaded from the CBP website.

Kanmani
07-15-2014, 01:24 PM
You do not get I94 stapled in your passport anymore. If you have traveled recently and have not received your I94 at the port of entry, you can get a copy of the I94 online here (https://i94.cbp.dhs.gov/I94/request.html;jsessionid=nnC3TFnYxv1f0T0Qy1yq43hJ7p zJg5GV8Vrpxfw2j2vygVVKh92v!1351627892). This has been talked about in this forum somewhere, I forget where exactly. I got mine online and it is pretty straightforward.

If you have not traveled since you last received your H1B or any other non-immigrant visa approval with an attached I94 to it, then you could/should submit that along with the copy of the visa approval.

Hope this helps.

Thanks pdfeb09, I didn't notice your's before posting mine.

helpful_leo
07-15-2014, 02:16 PM
Quote from the recent RFE: "Copies of Form I-94 Arrival/Departure Records showing you were admitted to the US in an employment authorized non immigrant status."

Here the I-94 refers to non-immigrant admission, since, the word 'Admitted' specifically not applicable for entering into US on advance parole. We entered the country using AP. I suggest someone who have used their visa stamp recently and having submitted the RFE response could clear our doubt.

Electronic AP copies can be downloaded from the CBP website.

Ok, thanks.

We have not submitted the "admission" I-94 records with the RFE, and our lawyer did not ask us to. In the RFE notice, I do not see the I-94 required as mandatory - it only asks for "proof of your continuous employment authorization in the US since you filed your I-485", and includes among the options 1/ EAD ; 2/ I-797 of H1B approvals ; 3/ I-94s.

As long as you have 1 or 2, why is 3 considered necessary? We also had 1 but only submitted 2.

I can understand using both as a redundancy, but the RFE itself is only asking for *any* proof, which I think EAD or H1B I-797s satisfy. Am I reading the situation correct?

Kanmani
07-15-2014, 02:41 PM
Ok, thanks.

We have not submitted the "admission" I-94 records with the RFE, and our lawyer did not ask us to. In the RFE notice, I do not see the I-94 required as mandatory - it only asks for "proof of your continuous employment authorization in the US since you filed your I-485", and includes among the options 1/ EAD ; 2/ I-797 of H1B approvals ; 3/ I-94s.

As long as you have 1 or 2, why is 3 considered necessary? We also had 1 but only submitted 2.

I can understand using both as a redundancy, but the RFE itself is only asking for *any* proof, which I think EAD or H1B I-797s satisfy. Am I reading the situation correct?

627

This is what we received. Do we really have to choose between the options? Guys please come forward with your opinions

Spectator
07-15-2014, 03:23 PM
627

This is what we received. Do we really have to choose between the options? Guys please come forward with your opinionsKanmani,

It says "may include", so my reading is that you are free to choose from that list, or submit alternative evidence as appropriate. The list shows items that would definitively prove employment authorization. They would certainly be the item(s) a primary applicant should be submitting IMO.

A dependent H4 would not have any of those documents for the entire duration and only the EAD would have given employment authorization for part of that time anyway. If the H4 had never worked, that might be the appropriate response (with a copy of the EAD if it was applied for).

I'm not sure what else I can add.

Kanmani
07-15-2014, 03:41 PM
Kanmani,

It says "may include", so my reading is that you are free to choose from that list, or submit alternative evidence as appropriate. The list shows items that would definitively prove employment authorization. They would certainly be the item(s) a primary applicant should be submitting IMO.

A dependent H4 would not have any of those documents for the entire duration and only the EAD would have given employment authorization for part of that time anyway. If the H4 had never worked, that might be the appropriate response (with a copy of the EAD if it was applied for).

I'm not sure what else I can add.

Thanks Spec.

I don't know why these attorneys' are flooding uscis with everything else listed in the RFE. Dependent's RFE contents are entirely different from one that of the primary. It calls for straight forward I-693 renewal.

helpful_leo
07-15-2014, 04:56 PM
Thanks Spec.

I don't know why these attorneys' are flooding uscis with everything else listed in the RFE. Dependent's RFE contents are entirely different from one that of the primary. It calls for straight forward I-693 renewal.

Thanks Kanmani & Spec. Yes, my reading is also the same as Spec.

I am also a little wary of providing things that are not asked for - bureaucracies often have this tendency for picking faults in irrelevant things!

vizcard
07-15-2014, 07:22 PM
Anyone notice the see saw approvals between the TSC and NSC ? First it was all NSC, then a bunch of TSC and now its back to NSC.... atleast today.

Jagan01
07-15-2014, 08:40 PM
Hi Gurus,

Need help. I am going for the medicals and wanted to know what should I fill out in the A number field. I am on H1 visa and have I-140 approved. Which A number should I be using. Also my spouse is on F1 visa and is working on OPT. Where would I find her A number. Is it the one on the EAD card ?

helpful_leo
07-15-2014, 09:42 PM
Anyone notice the see saw approvals between the TSC and NSC ? First it was all NSC, then a bunch of TSC and now its back to NSC.... atleast today.

Interesting.
But can't think of a real reason the above correlation should be significant, and not just pure coincidence.

self.coach
07-15-2014, 10:09 PM
Here's my case. 6 Months after EAD, I changed jobs and let H1 expire, and did not file AC21. Here I am, with RFE for continuous employment and i-693 staring at me.

Problem(?): My lawyer says I must submit AC21 letter. I think that a simple EVL would suffice.

PD and EAD details are in signature below. Please advise if I should provide EVL only or apply for AC21 at this stage?

imdeng
07-15-2014, 10:24 PM
Your I-140 approval notice should have your A-number - that's the number that will carry over for 485 purposes. For your dependents, you can leave the A number blank. An A number will be generated for them in the 485 receipt notice. We were in the same position as you and followed the method mentioned above.

Hi Gurus,

Need help. I am going for the medicals and wanted to know what should I fill out in the A number field. I am on H1 visa and have I-140 approved. Which A number should I be using. Also my spouse is on F1 visa and is working on OPT. Where would I find her A number. Is it the one on the EAD card ?

sreddy
07-15-2014, 11:32 PM
Interesting.
But can't think of a real reason the above correlation should be significant, and not just pure coincidence.

Anybody who responded to RFE got approved from TSC? I know my colleague got approval today from NSC (he got RFE, and responded some time late last month).

vhk2009
07-16-2014, 12:49 AM
My PD is 05/2009 and am getting ready to respond to the medical RFE in the next few days. We have our new house under construction and will be closing sometime in Aug last week. Should I update my address with USCIS as part of this RFE OR wait until Sept to update USCIS about address change. Not sure if updating address in Sept will cause any delays in approval. Please advice.

Kanmani
07-16-2014, 08:04 AM
Here's my case. 6 Months after EAD, I changed jobs and let H1 expire, and did not file AC21. Here I am, with RFE for continuous employment and i-693 staring at me.

Problem(?): My lawyer says I must submit AC21 letter. I think that a simple EVL would suffice.

PD and EAD details are in signature below. Please advise if I should provide EVL only or apply for AC21 at this stage?

629

self.coach,

Do you have the above statements printed in your RFE? If so, you should follow your attorney's advice.

Kanmani
07-16-2014, 08:16 AM
My PD is 05/2009 and am getting ready to respond to the medical RFE in the next few days. We have our new house under construction and will be closing sometime in Aug last week. Should I update my address with USCIS as part of this RFE OR wait until Sept to update USCIS about address change. Not sure if updating address in Sept will cause any delays in approval. Please advice.

vhk2009,

Simple. Wait until you call it as home and file AR-11 for your pending applications. Ignore the address change column printed in the RFE, it even calls for a mandatory AR-11 though.

qbloguser
07-16-2014, 08:47 AM
Also if you change it online make sure you call them after a week or so and tell them to update the address. Simply changing it online will not change it for your pending applications.


vhk2009,

Simple. Wait until you call it as home and file AR-11 for your pending applications. Ignore the address change column printed in the RFE, it even calls for a mandatory AR-11 though.

self.coach
07-16-2014, 09:19 AM
629

self.coach,

Do you have the above statements printed in your RFE? If so, you should follow your attorney's advice.

Hi Kanmani,

Thank you for responding. I noticed the RFE has the same statements. I see your point.

Thanks,
Self.coach

ramaka02
07-16-2014, 09:33 AM
Anyone notice the see saw approvals between the TSC and NSC ? First it was all NSC, then a bunch of TSC and now its back to NSC.... atleast today.

Per Matt2012 and based on Trackitt data, there were a total of 72 cases approved, 58 from NSC and 12 from TSC. I sent in my RFE on 9 June, if I don't hear back by Aug 9 then I am planning to open a SR/Infopass/Contact congressman....My PD is just 2 weeks earlier than yours. Hoping for the best for us all!

PD2008AUG25
07-16-2014, 10:18 AM
Anyone notice the see saw approvals between the TSC and NSC ? First it was all NSC, then a bunch of TSC and now its back to NSC.... atleast today.

What if this entire slow approvals act is to prevent using up all numbers before end of fiscal year? This time dates were moved one month earlier than last year. I remember few years ago EB2 ROW was made unavailable because of over allocation to EB2I. If they chock approvals this month and from next month, go all guns blazing, that should help meet their objective of issuing and processing RFEs in timely manner, not letting go visa unused as well as not over allocating to EB2I.

shreyasai2004
07-16-2014, 01:30 PM
I enquired through the congress man I got the response like this I don't know what that mean.

Here is the letter I got from Congressman

The response from the RFW was received on 6/12/2014 and is being matched up with the file and then forwarded to the adjudicator for review.

This case is currently is awaiting for assignment of a visa number. Please allow 30 to 45 days for a decision or other Notice of action regarding this I-485 application.

What that mean can gurus please help on this

vizcard
07-16-2014, 01:35 PM
I enquired through the congress man I got the response like this I don't know what that mean.

Here is the letter I got from Congressman

The response from the RFW was received on 6/12/2014 and is being matched up with the file and then forwarded to the adjudicator for review.

This case is currently is awaiting for assignment of a visa number. Please allow 30 to 45 days for a decision or other Notice of action regarding this I-485 application.

What that mean can gurus please help on this

Basically says wait for 30-45 days to find out more. So no real help.

helpful_leo
07-16-2014, 01:36 PM
I do not think so. USCIS has never cared about numbers in the past. The DOS simply internally retrogresses and stops granting visas if the numbers are near exhausted.

We are almost near the end of July and the date has been moved in August. The DOS would not have moved the date to begin with if they were not confident on the numbers.

The slow approvals are a result of the medical RFEs that need to be issued to potentially 15-20K applicants. I talked to an L2 in the morning and I was hinted that almost all adjudicators were working to get the RFEs out (I still haven't received my RFE). This is clearly impacting the approvals.

I may be mistaken here, but is the above response a material revision of your previous position that USCIS will at some point 'go all guns blazing' to consume visa numbers?

shreyasai2004
07-16-2014, 01:37 PM
means it was waiting for visa number or still they have to sent it to adjudicator I was little bit confused

Kanmani
07-16-2014, 01:49 PM
I think USCIS might have recruited temporary employees to handle the RFE workload, with an arrangement to forward the file to the original adjudicator, once RFE response is received.

Just a thought.

helpful_leo
07-16-2014, 02:12 PM
I enquired through the congress man I got the response like this I don't know what that mean.

Here is the letter I got from Congressman

The response from the RFW was received on 6/12/2014 and is being matched up with the file and then forwarded to the adjudicator for review.

This case is currently is awaiting for assignment of a visa number. Please allow 30 to 45 days for a decision or other Notice of action regarding this I-485 application.

What that mean can gurus please help on this

Seems like standard response, but also hopeful I think, as it gives an upper limit of 45 days within which action is very likely to be taken.

Assuming you are current, and no issues with the RFE, I think that means you are likely to be approved within 30 days or 45 days max.
That is not news, but still good to know.

triplet
07-16-2014, 09:29 PM
Have they done this in the past, is that something they publicize? How do you know Kanmani? Just curious.


I think USCIS might have recruited temporary employees to handle the RFE workload, with an arrangement to forward the file to the original adjudicator, once RFE response is received.

Just a thought.

Kanmani
07-17-2014, 06:58 AM
Have they done this in the past, is that something they publicize? How do you know Kanmani? Just curious.

Triplet, I agree that I have a lot of spare time and really bored whenever there is less activity in the forum. I usually don't bookmark all that I read, I'll have memory of whatever I read, but this practice of mine gives me hard time whenever I am thrown how do you know type of questions :)

I guess this is where I got the root to that thought : http://www.visajourney.com/content/adjudicator-q-and-a

"Because of the amount of work, the agency also used contract services for a lot of the other various non-adjudicating type work. If I recall, the center was a 24/7 operation except for the CIS employees. A lot of the staging and processing of the work we accomplished during the day was done by the contractor at night. "

Kanmani
07-17-2014, 12:07 PM
Guys,

Did you get any Vaccination Record in a separate chart from your civil surgeon at the time of your first I-693? Our civil surgeon is gone forever from practice and we are in search of another good one. I met with a CS yesterday, he is not accepting what we have as vaccination record and recommending us to do all the vaccines one more time. Frustrating!

Pundit Arjun
07-17-2014, 12:12 PM
Guys,

Did you get any Vaccination Record in a separate chart from your civil surgeon at the time of your first I-693? Our civil surgeon is gone forever from practice and we are in search of another good one. I met with a CS yesterday, he is not accepting what we have as vaccination record and recommending us to do all the vaccines one more time. Frustrating!

Hi Kanmani,
I had a copy of the I-693 that was completed in 2012. The civil surgeon gave us a copy before sealing the original. They also do keep records of them.
For the recent RFE on I-693, I took the old document copy and updated vaccination records when I went to meet him and worked well.

My Suggestion is : Look for a different CS. Call each one and work with the CS that you are comfortable talking to.

Good luck :)

Kanmani
07-17-2014, 12:19 PM
Hi Kanmani,
I had a copy of the I-693 that was completed in 2012. The civil surgeon gave us a copy before sealing the original. They also do keep records of them.
For the recent RFE on I-693, I took the old document copy and updated vaccination records when I went to meet him and worked well.

My Suggestion is : Look for a different CS. Call each one and work with the CS that you are comfortable talking to.

Good luck :)

Thanks Arjun, that's what we have too, the copy of I-693 with date of vaccination marked on them. I was made to believe that I have missed something from the previous CS who had closed the business and already left the country.

I'll try with another CS.

ramaka02
07-17-2014, 12:59 PM
Guys,

Did you get any Vaccination Record in a separate chart from your civil surgeon at the time of your first I-693? Our civil surgeon is gone forever from practice and we are in search of another good one. I met with a CS yesterday, he is not accepting what we have as vaccination record and recommending us to do all the vaccines one more time. Frustrating!

That is so wrong of the CS. If I were you, I would look for another CS and then come back and file a complaint against this one. Just request a copy of your previous vaccination records and take it to another CS and that should suffice.

Kanmani
07-17-2014, 01:16 PM
That is so wrong of the CS. If I were you, I would look for another CS and then come back and file a complaint against this one. Just request a copy of your previous vaccination records and take it to another CS and that should suffice.

Ramaka02,

Our vaccination records are with a civil surgeon, who have already closed his practice and flew out of the country. There is no successor for the clinic and the premises has been leased to some other business. We are left with a copy of I-693 alone.

ramaka02
07-17-2014, 01:37 PM
Ramaka02,

Our vaccination records are with a civil surgeon, who have already closed his practice and flew out of the country. There is no successor for the clinic and the premises has been leased to some other business. We are left with a copy of I-693 alone.

The copy should work too + they do blood work which will show if you need to retake or need any additional vaccines, right?

bieber
07-17-2014, 01:38 PM
Thanks Arjun, that's what we have too, the copy of I-693 with date of vaccination marked on them. I was made to believe that I have missed something from the previous CS who had closed the business and already left the country.

I'll try with another CS.

Kanmani, we had to take Td (or Tdap, one of the two) again this time, even though CS is same.

Try county health deparment, they will have your vaccination records and that's enough for proof

Kanmani
07-17-2014, 01:47 PM
The copy should work too + they do blood work which will show if you need to retake or need any additional vaccines, right?

You are correct! But the CS we met simply refused to look into the photocopy of the records. I'll sure insist the next CS to go for blood work.

ramaka02
07-17-2014, 01:58 PM
You are correct! But the CS we met simply refused to look into the photocopy of the records. I'll sure insist the next CS to go for blood work.

If you are in or near Boston area, I can recommend you a few CS who do accept the copy of the records.

hulimari
07-17-2014, 06:07 PM
You are correct! But the CS we met simply refused to look into the photocopy of the records. I'll sure insist the next CS to go for blood work.

The CS I went to in NC, was fine with photocopies of the vaccination records and did blood work to check for TB. I would just call up a few CS offices and ask them over the phone, might save you the hassle of driving.

hulimari
07-17-2014, 06:13 PM
Hi All,

Just a quick tip on RFE replies - The USPS person advised me not to tick the "Signature Required" box as this was a PO box and it might cause unnecessary delays while collecting. I did an overnight on July14th and on 16th eve (9 PM), got a message saying my status changed to "RFE Response Review". I think Kanmani might be right that they have contractors working round the clock to get the files moving. Now, that's a rare instance of our USCIS fees being used wisely ;-)

imdeng
07-17-2014, 07:57 PM
Kanmani - I would recommend Concentra - http://www.concentra.com. They are an urgent care provider with a wide network - perhaps they have one close to you. They have fixed pricing for immigration physical - and are quite flexible in accepting various immunization proofs. They in fact accepted the copy of the last I-693 I had done as proof.


I wish I were, but I am far away from Boston :)

Kanmani
07-17-2014, 08:37 PM
Imdeng, Thank you for your suggestion. We have booked one already, lets see if they are accepting our photocopy records. They are charging $130 per person for physicals as per the front desk over phone.

I'll keep Concentra as my second choice.

vhk2009
07-17-2014, 11:37 PM
Thank you for your responses Kanmani & qbloguser.

daggubati
07-18-2014, 09:05 AM
Kanmani,

Did you get the RFE or are you just the medicals in advance and keeping them ready?
My PD is Jul 1st 2009 and I haven't gotten an RFE yet. Keeping my fingers crossed.


M

imdeng
07-18-2014, 09:47 AM
Kanmani - Here in WI, all immunizations are recorded in the state immunization database/registry. I was able to get a copy of that record for me from my doctor's office. I ended up not needing it - but that is the official document that anybody *must* accept here. Perhaps you have something similar in your state. BTW - you got a good price for immigration physical - if that includes the TB Skin Test and the Syphilis blood test.


Imdeng, Thank you for your suggestion. We have booked one already, lets see if they are accepting our photocopy records. They are charging $130 per person for physicals as per the front desk over phone.

I'll keep Concentra as my second choice.

Kanmani
07-18-2014, 10:00 AM
Kanmani,

Did you get the RFE or are you just the medicals in advance and keeping them ready?
My PD is Jul 1st 2009 and I haven't gotten an RFE yet. Keeping my fingers crossed.


M

Hi daggubati, Welcome to the forum!

We got one on July5th, received the physical copies already.

Kanmani
07-18-2014, 10:03 AM
Kanmani - Here in WI, all immunizations are recorded in the state immunization database/registry. I was able to get a copy of that record for me from my doctor's office. I ended up not needing it - but that is the official document that anybody *must* accept here. Perhaps you have something similar in your state. BTW - you got a good price for immigration physical - if that includes the TB Skin Test and the Syphilis blood test.

Imdeng, I do not know whether the fees includes the tests or not, I'll let you know for sure on Tuesday . I'll take the other route depends upon Tuesday's outcome. Thanks a lot!

ramaka02
07-18-2014, 10:42 AM
Hi:
I have a few quick questions and hope to receive a reply here:
1.) My wife is dependent on my I485 application and we are current from this month on, does it hurt if her company applies for her H1B extension? We have a valid EAD/AP combo valid till Feb next year, but her company is insisting on renewing her H1B which expires in couple of months.
2.) Seeing the approval trend lately, looks like NSC is on fast track over TSC approving the I485 cases. Do the SCs equally divide the visas between them or is it first come first serve? If its the later and if TSC follows this trend then GOD help the TSC folks as they are SOL for sure.
Thanks!

pdfeb09
07-18-2014, 11:00 AM
Hi:
I have a few quick questions and hope to receive a reply here:
1.) My wife is dependent on my I485 application and we are current from this month on, does it hurt if her company applies for her H1B extension? We have a valid EAD/AP combo valid till Feb next year, but her company is insisting on renewing her H1B which expires in couple of months.
2.) Seeing the approval trend lately, looks like NSC is on fast track over TSC approving the I485 cases. Do the SCs equally divide the visas between them or is it first come first serve? If its the later and if TSC follows this trend then GOD help the TSC folks as they are SOL for sure.
Thanks!

1) It does not hurt to apply for the H1B extension, except whoever pays for the process basically ends up wasting the money ! If you are current as of the start of this month, then you are very very likely to get greened before the 15th of the next month !! If the company is willing to wait until that date to file for the extension, it may not even have to do it. From your point of view, (if you are not paying for the H1B .. you shouldn't be anyways according to the law) it does not hurt nor help.

2) I do not know... assumption is that it is FIFO .. so if NSC is going gr8 guns and ends up using all the Visas available for the rest of the year .. then we all at TSC are toast .. !! I think it is an extremely extreme situation though .. and TSC will most likely pick up and in fact will end up issuing more Visas than NSC when all is said and done .. !

NSC may not even have as many adjudicated and eligible cases to use up all the available visas ... In fact, the hope is that NSC+TSC combined do not have enough "eligible (pd<cd)" cases at this point to use up all the available visas ... until DOS decides to move the dates far enough .

take it easy my friend .. your green time is nigh :)

ramaka02
07-18-2014, 01:03 PM
Thanks PDFEB09. Yes, she is a FTE so nothing from our pockets on H1B renwal...Hopefully this GC mess is behind us soon. Just like getting VISA, the GC will be obtained when ALL the stars align...since no logic works as to on what basis they approve the cases :)!

Cheers!


1) It does not hurt to apply for the H1B extension, except whoever pays for the process basically ends up wasting the money ! If you are current as of the start of this month, then you are very very likely to get greened before the 15th of the next month !! If the company is willing to wait until that date to file for the extension, it may not even have to do it. From your point of view, (if you are not paying for the H1B .. you shouldn't be anyways according to the law) it does not hurt nor help.

2) I do not know... assumption is that it is FIFO .. so if NSC is going gr8 guns and ends up using all the Visas available for the rest of the year .. then we all at TSC are toast .. !! I think it is an extremely extreme situation though .. and TSC will most likely pick up and in fact will end up issuing more Visas than NSC when all is said and done .. !

NSC may not even have as many adjudicated and eligible cases to use up all the available visas ... In fact, the hope is that NSC+TSC combined do not have enough "eligible (pd<cd)" cases at this point to use up all the available visas ... until DOS decides to move the dates far enough .

take it easy my friend .. your green time is nigh :)

RMS_V13
07-18-2014, 01:21 PM
Does an address change trigger
a. Background check
b. additional review (What does this mean)
c. Extended review (what does this mean)

EB2 PD 2008. RD 01-2012. Dates retrogressed shortly after. Address change 2012 Dec, filed AR11 as well. Status changed to Initial Review(not sure if it address change or not).

Case was untouched until 6/19/2014. No RFE notification. Just got the USPS mail for EVL and Medical. Responded. Status change to RFE-RR on 6/19. On 6/20 went back to IR- Address change.

Why would they note the address change if the system was updated in 2012? Is a background check again being initiated?

I want your opinions, does not matter if it is the fact or not.

vizcard
07-18-2014, 01:31 PM
Does an address change trigger
a. Background check
b. additional review (What does this mean)
c. Extended review (what does this mean)

EB2 PD 2008. RD 01-2012. Dates retrogressed shortly after. Address change 2012 Dec, filed AR11 as well. Status changed to Initial Review(not sure if it address change or not).

Case was untouched until 6/19/2014. No RFE notification. Just got the USPS mail for EVL and Medical. Responded. Status change to RFE-RR on 6/19. On 6/20 went back to IR- Address change.

Why would they note the address change if the system was updated in 2012? Is a background check again being initiated?

I want your opinions, does not matter if it is the fact or not.

Usually the background check is a one time deal. I really dont know what each status means truly. I just think there are 3 options before the "decision" status and they have to pick one. So I'm not sure if the "initial review" or "acceptance" status means anything at all.

RMS_V13
07-18-2014, 01:44 PM
Someone in Trackkitt Ethan Hunt has similar dates incl PD and Status changed date. His SR said his status is Additional Review.

So, trying to draw parallels. What does Additional Review mean?


Usually the background check is a one time deal. I really dont know what each status means truly. I just think there are 3 options before the "decision" status and they have to pick one. So I'm not sure if the "initial review" or "acceptance" status means anything at all.

vizcard
07-18-2014, 02:04 PM
Someone in Trackkitt Ethan Hunt has similar dates incl PD and Status changed date. His SR said his status is Additional Review.

So, trying to draw parallels. What does Additional Review mean?

Ethan Hunt..lol..well its almost "Mission Impossible" but not quite. I believe its for unique cases that need a second opinion to adjudicate.

Spectator
07-18-2014, 02:15 PM
Usually the background check is a one time deal. I really dont know what each status means truly. I just think there are 3 options before the "decision" status and they have to pick one. So I'm not sure if the "initial review" or "acceptance" status means anything at all.The IBIS check has a validity of 180 days (AFM (http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1.html) Sec. 10.3). It must be valid for the case to be approved and will be rerun if necessary.


An IBIS query on a new application/petition must be run within 15 calendar days of initial receipt. In addition to the initial query, an IBIS query must be conducted at any of the following times, if evidence of the IBIS query indicates it is no longer current (i.e. more than 180 days old):

- At the time of decision;

If the IBIS check takes a long time to complete, the case can be referred to USCIS HQ after 150 days for a case by case review. This (http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/national-security-adjudication-reporting-020909.pdf) is the latest Memo on the subject, and superceded an earlier one (http://www.uscis.gov/sites/default/files/files/pressrelease/DOC017.PDF) where a case could automatically be approved if the background check took more than 180 days.

RMS_V13
07-18-2014, 02:31 PM
Thanks Spec, then most who filed in Jan 2012 and are current now, will have to be subjected to the IBIS check since it is over 180 days.

GCHopes
07-18-2014, 03:17 PM
Wow!! So after about 5 calls so far, we just found out that my wife (filed as dependant) has had an RFE since 22nd May but we never got it, and neither did my lawyer! Case status online shows up as acceptance the whole time, and even today it's showing up as acceptance! Something is really messed up with TSC!!

Now, i'm worried that even my case has an open RFE but these guys won't let me pass through to L2 to get that answer! opened a new Service Request! let's see what happens!

Just crazy!!

GCHopes
07-18-2014, 03:19 PM
My currently online status shows up as RFERRR (RFE response review) since May 2012.

Kanmani
07-18-2014, 03:33 PM
Wow!! So after about 5 calls so far, we just found out that my wife (filed as dependant) has had an RFE since 22nd May but we never got it, and neither did my lawyer! Case status online shows up as acceptance the whole time, and even today it's showing up as acceptance! Something is really messed up with TSC!!

Now, i'm worried that even my case has an open RFE but these guys won't let me pass through to L2 to get that answer! opened a new Service Request! let's see what happens!

Just crazy!!

Try Congress man route.

pdfeb09
07-18-2014, 03:53 PM
The IBIS check has a validity of 180 days (AFM (http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1.html) Sec. 10.3). It must be valid for the case to be approved and will be rerun if necessary.



If the IBIS check takes a long time to complete, the case can be referred to USCIS HQ after 150 days for a case by case review. This (http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/national-security-adjudication-reporting-020909.pdf) is the latest Memo on the subject, and superceded an earlier one (http://www.uscis.gov/sites/default/files/files/pressrelease/DOC017.PDF) where a case could automatically be approved if the background check took more than 180 days.

Hopefully, a simultaneous IBIS check query was issued on every case that had an I693 RFE issued to it in the past few months ... that would bring the checks and results and all the requirements for a case in compliance at the right time .. if it was not, then may be that is one of the reasons why TSC is holding off on granting the GCs ??

The new memo mentioned by Spec says "In fact, the FBI is currently returning name check results on average in 90 days."

We will know more as the approvals start rolling in .. hopefully soon !!

helpful_leo
07-18-2014, 05:17 PM
Wow!! So after about 5 calls so far, we just found out that my wife (filed as dependant) has had an RFE since 22nd May but we never got it, and neither did my lawyer! Case status online shows up as acceptance the whole time, and even today it's showing up as acceptance! Something is really messed up with TSC!!

Now, i'm worried that even my case has an open RFE but these guys won't let me pass through to L2 to get that answer! opened a new Service Request! let's see what happens!

Just crazy!!

TSC is incredibly screwed up! My sequence of events is so complex and unbelievable its even hard to explain it here.

Bottomline is, after 2 calls to L2 and careful, detailed explanation that they sent one of our RFEs to the wrong address, they have again sent the RFE to the wrong address! This is despite the fact that they have the right address on record (complex explanation - too long to go on here). The frustrating part is we don't even care about the RFE they are sending to the wrong address, because we have already responded to it (received via my lawyer) and they have acknowledged receipt of the RFE response!

But, because the RFE sent to wrong address (which is not even a real address - but a mixed up address) gets returned by the postal dept after 2-3 weeks, USCIS flags it as an undeliverable RFE and the whole thing goes through the same loop again.

It seems to me that the TSC system has home address entered on an official page - which is what BOTH L1 & L2 see and read to you when you call to check the address (and which you are assured is correct) - but despite the correct address showing there, they are able to send it to a *wrong address* when they send the RFE! In our case, the wrong address was: top line- new address, city line- old address. We would normally have not thought this to be possible, but we figured this out only because we are receiving some USCIS communication at the right address (eg, saying your address is updated) but not receiving the actual RFEs (while our lawyer who is sent a copy simultaneously is receiving them, and moreover, we are receiving the RFE emails when they are sent).

IsItWorthTheTrouble
07-18-2014, 09:30 PM
My PD is end Jul'08. I missed the opportunity to file in 2012 but I was finally able to file AOS this month. We got our receipt notices yesterday. I've some questions listed below:

1. How long does it take to receive biometric requests in the mail?

2. Given recent news that the dates are going to retrogress in Nov, is there a possibility that we could get greened before retrogression?

3. Once I get the EAD, I plan to keep my fulltime job (which is on H1 valid till May '16) but use my EAD to do some consulting work on my freetime. Would this present any issues? pls advise if you've gone through this experience.

4. I'm in engineering and there could be some program management jobs opening up in my organization. If I shift to those jobs before GC is done, would this be in violation of PERM.

vizcard
07-19-2014, 11:35 AM
My PD is end Jul'08. I missed the opportunity to file in 2012 but I was finally able to file AOS this month. We got our receipt notices yesterday. I've some questions listed below:

1. How long does it take to receive biometric requests in the mail?

2. Given recent news that the dates are going to retrogress in Nov, is there a possibility that we could get greened before retrogression?

3. Once I get the EAD, I plan to keep my fulltime job (which is on H1 valid till May '16) but use my EAD to do some consulting work on my freetime. Would this present any issues? pls advise if you've gone through this experience.

4. I'm in engineering and there could be some program management jobs opening up in my organization. If I shift to those jobs before GC is done, would this be in violation of PERM.

1. Generally a couple of weeks. Once you get it you can walk in to the office earlier than the appointed date/ time on the biometrics notice.
2. There's a slim possibility it might happen depending on how quickly the IBIS and other background checks happen. Its a 4-month processing time so it would be touch and go.
3. No issues there. You should set up your own company and consult under that name. There are tax considerations but nothing immigration-related
4. This is where it might get tricky. In the event you get an EVL RFE, your employer (with the help of the lawyer) needs to be able to tweak the job description so that its similar to what was in PERM. Job title is less important than the role itself.

rka_72
07-20-2014, 10:17 AM
For those who are current from Jul onwards, but who had applied I-485 in the Dec-2011 to March 2012 timeframe, those asked for fingerprinting again? Finger printing is valid for 18 months? Are the approvals being given without re-fingerprinting for such cases?

imdeng
07-21-2014, 12:38 AM
Apparently. I have not heard of folks being asked to do fingerprinting again - and folks that applied in 2012 are being approved.

For those who are current from Jul onwards, but who had applied I-485 in the Dec-2011 to March 2012 timeframe, those asked for fingerprinting again? Finger printing is valid for 18 months? Are the approvals being given without re-fingerprinting for such cases?

geterdone
07-21-2014, 01:02 PM
Are they (USCIS) still issuing RFE or has it stopped?

Sorry if this is wrong forum. please move it to the right forum.

imdeng
07-21-2014, 05:22 PM
So this is strange. My RFE for Medical was issued on 17-June. My response is with the lawyer - not sent yet. Just now my status changed from "RFE" to "Initial Review". Happened for primary and dependent simultaneously. Whats going on? Why would they touch my file BEFORE receiving my RFE response? Is this the pre-adj process kicking in? Are they getting ready for the next VB? What?

I remember reading something very similar on trackitt but did not pay much attention. Anybody else recalls something similar?

BTW - this is the first time I am in IR. Before RFE, I was in Acceptance stage. So may be my case was not pre-adj before and they are starting that process now?

Update: I looked through previous posts on this thread and seems like couple more folks have seen their cases moved to IR. Mine seems to be furthest PD though - don't know whether this says anything about upcoming VB dates.

Kanmani
07-21-2014, 08:03 PM
imdeng,

Wait until RFE response submission by your lawyer, then act accordingly.

imdeng
07-21-2014, 08:08 PM
I don't think there is anything for me to do here. Just wait and watch. Was just thinking aloud the reasons why. It would be interesting to see what happens when the RFE Response reaches (hopefully this week).

imdeng,

Wait until RFE response submission by your lawyer, then act accordingly.

venkat
07-22-2014, 07:35 AM
Hello Guys,

Today I went for my Infopass appointment to enquire on my case status (PD: June 2008, TSC), the officer said that my case is Pending at TSC and not yet assigned to any officer. I'm baffled now because its been more than a month since they received the RFE response and its still not even assigned to an officer.

The lady did tell me that since its a service center the cases get assigned to officers in bulk and that they have targets to complete certain number of cases/day etc.

I've lost hope that anything will happen for another 2 weeks!!!

qesehmk
07-22-2014, 07:44 AM
Hello Guys,

Today I went for my Infopass appointment to enquire on my case status (PD: June 2008, TSC), the officer said that my case is Pending at TSC and not yet assigned to any officer. I'm baffled now because its been more than a month since they received the RFE response and its still not even assigned to an officer.

The lady did tell me that since its a service center the cases get assigned to officers in bulk and that they have targets to complete certain number of cases/day etc.

I've lost hope that anything will happen for another 2 weeks!!!
Did you try contacting your congressman/woman venkat? That may help.

zenmaster
07-22-2014, 07:52 AM
Understanding these weird status changes is more difficult than predicting stock markets ! :)

venkat
07-22-2014, 08:25 AM
That is my next step Q. I'll exhaust that option too



Did you try contacting your congressman/woman venkat? That may help.

ramaka02
07-22-2014, 08:58 AM
Thanks for the update Venkat. Yes, the way TSC is working lately is mind boggling. I am contacting my senator today and hopefully she will help me get a sane reply on where our GCs stand. Its been more than 50 days since we replied to our RFEs. Rubbing salt to wounds-with August setting in I am sure you will see 2009 folks getting approved!


Hello Guys,

Today I went for my Infopass appointment to enquire on my case status (PD: June 2008, TSC), the officer said that my case is Pending at TSC and not yet assigned to any officer. I'm baffled now because its been more than a month since they received the RFE response and its still not even assigned to an officer.

The lady did tell me that since its a service center the cases get assigned to officers in bulk and that they have targets to complete certain number of cases/day etc.

I've lost hope that anything will happen for another 2 weeks!!!

geterdone
07-22-2014, 10:54 AM
Sorry to repeat this question-

Is USCIS still issuing RFE or has it stopped?

hulimari
07-22-2014, 11:29 AM
imdeng/Gurus,

what does it mean for status to change from RFE review->Intitial Review "after" we submit RFE? My priority is 02/09 TSC and I replied to RFE on July 16th. Thanks for your help.


So this is strange. My RFE for Medical was issued on 17-June. My response is with the lawyer - not sent yet. Just now my status changed from "RFE" to "Initial Review". Happened for primary and dependent simultaneously. Whats going on? Why would they touch my file BEFORE receiving my RFE response? Is this the pre-adj process kicking in? Are they getting ready for the next VB? What?

I remember reading something very similar on trackitt but did not pay much attention. Anybody else recalls something similar?

BTW - this is the first time I am in IR. Before RFE, I was in Acceptance stage. So may be my case was not pre-adj before and they are starting that process now?

Update: I looked through previous posts on this thread and seems like couple more folks have seen their cases moved to IR. Mine seems to be furthest PD though - don't know whether this says anything about upcoming VB dates.

helpful_leo
07-22-2014, 11:37 AM
Hello Guys,

Today I went for my Infopass appointment to enquire on my case status (PD: June 2008, TSC), the officer said that my case is Pending at TSC and not yet assigned to any officer. I'm baffled now because its been more than a month since they received the RFE response and its still not even assigned to an officer.

The lady did tell me that since its a service center the cases get assigned to officers in bulk and that they have targets to complete certain number of cases/day etc.

I've lost hope that anything will happen for another 2 weeks!!!

Hi Venkat -

What option(s) did you select to schedule the InfoPass appointment?

Did you choose >"Services on a case that has already been filed" (and then),
>"Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment."?

I thought of the above but I do not fulfill the above condition of '> 45 days after contacting NCSC' etc - can I still select this?

If you selected a different option, which one / please describe.

Thanks very much!

imdeng
07-22-2014, 11:59 AM
Nobody knows at this point. My guess is that the file is picked up for *some* processing - so its status changed. They have only a few pre-set status categories to choose from - and IR is the one that fits. This processing can be background check, pre-adj in anticipation of next VB, whatever - who knows.

imdeng/Gurus,

what does it mean for status to change from RFE review->Intitial Review "after" we submit RFE? My priority is 02/09 TSC and I replied to RFE on July 16th. Thanks for your help.

imdeng
07-22-2014, 12:01 PM
Nobody has reported one in this forum for a few days now. Although there still are many folks who have not received RFEs and their dates are within the RFE range.

Sorry to repeat this question-

Is USCIS still issuing RFE or has it stopped?

skpanda
07-22-2014, 01:05 PM
FYI,,
A friend of mine as a PD of 22nd Aug 2009. He got RFE for medicals + EVL Letter + proof of lawful stay in US. His wife got RFE for medicals.

Not sure if this date is already covered in terms of RFE for others or not.

venkat
07-22-2014, 01:33 PM
Since there was no one proper option to select i went ahead and chose the EAD inquiry option from the available list. The first thing i told the officer was I'm here for checking the status of my AOS application to make sure she doesn't think i'm here for EAD inquiry. we didn't talk anything about the EAD


H****enkat -

What option(s) did you select to schedule the InfoPass appointment?

Did you choose >"Services on a case that has already been filed" (and then),
>"Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment."?

I thought of the above but I do not fulfill the above condition of '> 45 days after contacting NCSC' etc - can I still select this?

If you selected a different option, which one / please describe.

Thanks very much!

helpful_leo
07-22-2014, 02:00 PM
Since there was no one proper option to select i went ahead and chose the EAD inquiry option from the available list. The first thing i told the officer was I'm here for checking the status of my AOS application to make sure she doesn't think i'm here for EAD inquiry. we didn't talk anything about the EAD

Thanks very much for the response!

I am assuming that is ok to do even if you don't have a pending EAD application?

venkat
07-22-2014, 03:34 PM
i chose that option because nothing else matches to our situation.

Yeah even i didn't have pending EAD



Thanks very much for the response!

I am assuming that is ok to do even if you don't have a pending EAD application?

cursedguy
07-22-2014, 03:53 PM
Your date might be current in september (most Likely) but that does not mean you will get GC. If you are talking about EAD then yes, you will get EAD this year. But I doubt your application will be processed before the dates retrogress. I'm in a similar situation.

Kanmani
07-22-2014, 05:31 PM
Update : The new CS accepted our vaccination records and the fees is the same as promised.

I noticed that the officer ID printed in our RFE No 2 is different from that of RFE we got in 2012.

RMS_V13
07-22-2014, 06:07 PM
imdeng/Gurus,

what does it mean for status to change from RFE review->Intitial Review "after" we submit RFE? My priority is 02/09 TSC and I replied to RFE on July 16th. Thanks for your help.

My PD is 2008. Same thing happened on June 20. Till today nothing. No progress. Dont get your hopes high that someone touched your file or working on it.

RMS_V13
07-22-2014, 06:09 PM
Anyone speculating why TSC is so slow? What could be going on?

When I called to see why my address has been updated or if the address is correct on file, L1 said she will transfer me to L2 for peace of mind. I said No and hung up.

Is it good to talk to L2 or is it going to annoy them and adversely affect my case? Just opinions. Also, what can L2 say? whether someone has picked up my file?

rka_72
07-22-2014, 09:37 PM
Gurus
I had filed my I-485 in Jan 2012 (PD Nov 2008). On 17th Jun I received the RFE and replied on 1st Jul. My date becomes current on 1st Aug 2014.
I also have valid EAD/AP card till Feb 2015 and H1 valid till I797. I need to go to India shortly on emergency basis.
I want to come back on EAD/AP, will that be allowed. If by then, my I-485 has been approved and cards delivered, will that cause a problem while entering on EAD/AP?
Appreciate your response!

Kanmani
07-23-2014, 09:04 AM
Gurus
I had filed my I-485 in Jan 2012 (PD Nov 2008). On 17th Jun I received the RFE and replied on 1st Jul. My date becomes current on 1st Aug 2014.
I also have valid EAD/AP card till Feb 2015 and H1 valid till I797. I need to go to India shortly on emergency basis.
I want to come back on EAD/AP, will that be allowed. If by then, my I-485 has been approved and cards delivered, will that cause a problem while entering on EAD/AP?
Appreciate your response!

It is at the discretion of the CBP. If they find your I-485 has already been approved, they will allow you to enter as a Green Card holder (PR) (or) they will defer the inspection and ask you to come back to CBP after collecting the GC from your home on a later date. In the second option you enter as parolee not a PR.

saibaba01
07-23-2014, 10:03 AM
Can we travel if after we receive decision email and before receiving the physical GC? will that be a problem at the port of entry?



It is at the discretion of the CBP. If they find your I-485 has already been approved, they will allow you to enter as a Green Card holder (PR) (or) they will defer the inspection and ask you to come back to CBP after collecting the GC from your home on a later date. In the second option you enter as parolee not a PR.

Kanmani
07-23-2014, 10:25 AM
Can we travel if after we receive decision email and before receiving the physical GC? will that be a problem at the port of entry?

Yes, you can. You must inform the CBP that your case was approved while you are out of the country. The officer in-charge will decide on the options.

saibaba01
07-23-2014, 12:58 PM
Thank you!


Yes, you can. You must inform the CBP that your case was approved while you are out of the country. The officer in-charge will decide on the options.

la_2002_ch
07-24-2014, 10:29 AM
TSC is incredibly screwed up! My sequence of events is so complex and unbelievable its even hard to explain it here.

Bottomline is, after 2 calls to L2 and careful, detailed explanation that they sent one of our RFEs to the wrong address, they have again sent the RFE to the wrong address! This is despite the fact that they have the right address on record (complex explanation - too long to go on here). The frustrating part is we don't even care about the RFE they are sending to the wrong address, because we have already responded to it (received via my lawyer) and they have acknowledged receipt of the RFE response!

But, because the RFE sent to wrong address (which is not even a real address - but a mixed up address) gets returned by the postal dept after 2-3 weeks, USCIS flags it as an undeliverable RFE and the whole thing goes through the same loop again.

It seems to me that the TSC system has home address entered on an official page - which is what BOTH L1 & L2 see and read to you when you call to check the address (and which you are assured is correct) - but despite the correct address showing there, they are able to send it to a *wrong address* when they send the RFE! In our case, the wrong address was: top line- new address, city line- old address. We would normally have not thought this to be possible, but we figured this out only because we are receiving some USCIS communication at the right address (eg, saying your address is updated) but not receiving the actual RFEs (while our lawyer who is sent a copy simultaneously is receiving them, and moreover, we are receiving the RFE emails when they are sent).

Its not just TSC. NSC is equally screwed up. Our RFEs were issued on Jun 5th. While my wife's RFE reached the attorney on Jun 14th, there was no sign of my RFE. We requested a duplicate to be issued on Jun 24th and then on Jul 3rd the status changed that USPS has returned the notice that we sent out as un-deliverable (we dont know if it was the notice that was sent out on Jun 5th or the 24th). After the agonizing wait over the long weekend, when I called to confirm the address they verified the address was correct (for both me and the attorney). They couldn't answer which notice was returned un-delivered or which address it was sent to. They advised taking an Infopass appointment to verify the address and how to approach to get my RFE Notice as they said they wont take the request to send the duplicate notice once again as firstly its not been 15 days since Jun 24th (the previous request) ad secondly even if they send the notice it would be to the same address as before and it would be returned.

Luckily I got the appointment for the same day and they verified my address was correct in their system as well (they didn't verify it for the attorney), but they took the request to issue the duplicate notice ASAP and to send it to my home address (which is correct in their system). So on Jul 9th we received notification that a duplicate notice was issued and this time the notice reached the attorney on Jul 14th (but still no sign of the letter at my address). Finally we have responded to both RFEs (self and wife) earlier this week and my case status has now changed to RFE Response review. I am hoping there there isn't another RFE notice out there floating around with some invalid address.

EB2EB2
07-24-2014, 01:38 PM
Your date might be current in september (most Likely) but that does not mean you will get GC. If you are talking about EAD then yes, you will get EAD this year. But I doubt your application will be processed before the dates retrogress. I'm in a similar situation.

Hi cursedguy, I have EAD since the past 4 years.
But anyway, you mean that even if September bulletin has my date, the GC may not be shipped ? What are the factors that can come into picture ?

cursedguy
07-24-2014, 02:31 PM
Did you get RFE for medicals or EVL? I believe it may be possible if as of Sept 1st your date is current and you have replied any RFE's. Look in trackitt, there are some people getting GC's that replied RFE's as of July 01.

sreddy
07-24-2014, 02:52 PM
I called USCIS last week to find out my case status. TSC received response to RFE on my case on 30th June, and so USCIS person told me their standard response time is 60 days. I was able to convince her to create case to find out status with uscis, and she did. Today I got response on that case. Here is the status part of the mail.

"The status of this service request is:

Recently, you or your representative contacted USCIS concerning your Form I-485 to notify us that you believe your case is outside of our normal processing time. We have received your service request and researched the status of your case. Our records indicate that your response to our Request for Evidence (RFE) was received on June 30, 2014. Your application is currently awaiting assignment to an officer. You should receive a decision or notice of other action within 90 days of the date of this letter."

So nearly 4 weeks after RFE response received, they have not assigned an officer to the case. Looks like everybody in TSC is in the same boat. Not that we have any options at this point, but looks like TSC is way way behind, and not sure if they can even keep up with 60 day time frame either. There may be a few screwed up cases in NSC too, but by and large NSC is processing cases in reasonable timeframe. I am planning to contact my area congressman the day after 60th day of response to RFE date.

Any other thoughts?

pnzr2014
07-24-2014, 04:22 PM
Hi all. I am new here, but not to the discussion. Just something FYI: I replied to EVL RFE (NSC with PD 10/09) last week. Yesterday, they updated my status to RFE response received and under review. At least some are following the process in a timely manner.

RMS_V13
07-24-2014, 04:22 PM
One of the gurus- When is a case assigned to an officer? Before the date is current or after the date is current? My case is under review/looked at/assigned to an officer on the 23rd. I did not ask if it was June or July. Darn it.

My RFE was received on June 19th. June 20th, status updated to IR-Address change. Date current on July 1st.

When could the file have been most likely assigned? June 23 or July 23. Note that I got the IR status on June 20th.

The officer told me to call back in 30 days if I have not heard anything

RMS_V13
07-24-2014, 07:49 PM
Can someone clarify? I even asked if my app is pre-adjudicated and he did not answer that question? He just said its pending, in review, touched by someone on 23rd. Don't L2s know that? What does Pre-adjudication mean?

vizcard
07-24-2014, 08:13 PM
Can someone clarify? I even asked if my app is pre-adjudicated and he did not answer that question? He just said its pending, in review, touched by someone on 23rd. Don't L2s know that? What does Pre-adjudication mean?

The RFE is issued by an officer. His/her ID number is at the end of the RFE notice. I believe TSC ones begin with XM (mine is XM154). I don't know if it goes back to the same officer or to someone else. So I really don't understand what "assigned to an officer" means.

Pre-adjudication means "documentarily qualified but not current" i.e. all your papers are good to go and you are waiting for a visa. Most of us who may have been pre-adjudicated got "un-pre-adjudicated" when the 693 memo expired. Now that people have responded they are documentarily qualified and since there are visas available, you go straight to adjudicated.

RMS_V13
07-24-2014, 10:22 PM
The RFE is issued by an officer. His/her ID number is at the end of the RFE notice. I believe TSC ones begin with XM (mine is XM154). I don't know if it goes back to the same officer or to someone else. So I really don't understand what "assigned to an officer" means.

Pre-adjudication means "documentarily qualified but not current" i.e. all your papers are good to go and you are waiting for a visa. Most of us who may have been pre-adjudicated got "un-pre-adjudicated" when the 693 memo expired. Now that people have responded they are documentarily qualified and since there are visas available, you go straight to adjudicated.

Thanks Vizcard. The officer ID on my RFE is also 154. I am just worried that my app could go into the extended verification mess. ?

bieber
07-25-2014, 09:00 AM
Thanks Vizcard. The officer ID on my RFE is also 154. I am just worried that my app could go into the extended verification mess. ?

For NSC, it appered that case is always re assigned to the officer who issued RFE. I think when we send the resposne, it goes directly to the officer. It's anybody's guess howlong it sits in his/her desk

vizcard
07-25-2014, 11:18 PM
Thanks Vizcard. The officer ID on my RFE is also 154. I am just worried that my app could go into the extended verification mess. ?

You can try all the usual routes but really if they want to do an additional review, nothing yiu can do about it. Plan for the worst, hope for the best.

RMS_V13
07-26-2014, 12:15 PM
You can try all the usual routes but really if they want to do an additional review, nothing yiu can do about it. Plan for the worst, hope for the best.

Getting ready to extend my EAD. I would have assumed that the whole security/review process would have been complete prior to the first EAD approval- No? I have renewed it already and I am getting ready to submit the extension in 2 months.

vizcard
07-26-2014, 02:36 PM
Getting ready to extend my EAD. I would have assumed that the whole security/review process would have been complete prior to the first EAD approval- No? I have renewed it already and I am getting ready to submit the extension in 2 months.

No need to be so pessimistic. I'm sure you will be approved unless there's something goofy with your case. They said 60 days on the RFE-Review status so you have almost a month to go before it hits that deadline and you will still be current for atleast a whole month after that.

RMS_V13
07-26-2014, 03:36 PM
No need to be so pessimistic. I'm sure you will be approved unless there's something goofy with your case. They said 60 days on the RFE-Review status so you have almost a month to go before it hits that deadline and you will still be current for atleast a whole month after that.

No, we have great jobs with good organizations, no run in with the law, no duis, pretty straight forward you would assume and so are many that are stuck in additional review.
Thanks for the encouragement.

imdeng
07-26-2014, 04:55 PM
Just for the record - my status was RFE, then it changed to IR and they just got my RFE Response and on Fri night 11PM CST, my status changed to RFE Response Review. At least I am getting all the text and email notifications of change in status - and the online status check system seems to be responding well when they get the RFE response. Small mercies and so on.

la_2002_ch
07-26-2014, 05:58 PM
Just for the record - my status was RFE, then it changed to IR and they just got my RFE Response and on Fri night 11PM CST, my status changed to RFE Response Review. At least I am getting all the text and email notifications of change in status - and the online status check system seems to be responding well when they get the RFE response. Small mercies and so on.

Looks like NSC has some kind of nightly batch update, as my RFE response was received on Monday earlier this week and at 22:15 CDT I got the update notifications for RFE Response review.

reachkash
07-28-2014, 05:03 AM
I have received RFE recently. priority date is Feb 2009. RFE is for Medicals, EVL and continuous employment authorization.

The text included in the RFE letter is as follows:
"Please submit a new Form I-693 completed by a designated civil surgeon to this office together with a copy of this notice. Including a copy of this notice with your form I-693 will facilitate matching the medical report with your file."

I have couple of questions regarding sending response.

1. Do we need to include the RFE letter inside the sealed envelope?
2. Is it better to send the response using USPS/FEdex?
3. If FedEx what address I should send the response to, FedEx does not deliver to PO Box.
4. Can I send both (me and spouse) RFE responses in the same envelope?

Thanks,

vizcard
07-28-2014, 08:37 AM
I have received RFE recently. priority date is Feb 2009. RFE is for Medicals, EVL and continuous employment authorization.

The text included in the RFE letter is as follows:
"Please submit a new Form I-693 completed by a designated civil surgeon to this office together with a copy of this notice. Including a copy of this notice with your form I-693 will facilitate matching the medical report with your file."

I have couple of questions regarding sending response.

1. Do we need to include the RFE letter inside the sealed envelope?
2. Is it better to send the response using USPS/FEdex?
3. If FedEx what address I should send the response to, FedEx does not deliver to PO Box.
4. Can I send both (me and spouse) RFE responses in the same envelope?

Thanks,

1. I gave my civil surgeon a copy to include in the sealed packet. I'm not sure if that is common practice though
2. Use the address that they provided. So if FedEx or UPS doesn't deliver there use USPS w/ tracking. USPS offers express shipping too.
3. See #2
4. They need to be in separate envelopes with their individual bar-coded cover sheet but can be in the same USPS/FedEx/UPS mailer envelope i.e. two envelopes inside a larger envelope

Kanmani
07-28-2014, 09:08 AM
I have received RFE recently. priority date is Feb 2009. RFE is for Medicals, EVL and continuous employment authorization.

The text included in the RFE letter is as follows:
"Please submit a new Form I-693 completed by a designated civil surgeon to this office together with a copy of this notice. Including a copy of this notice with your form I-693 will facilitate matching the medical report with your file."

I have couple of questions regarding sending response.

1. Do we need to include the RFE letter inside the sealed envelope?
2. Is it better to send the response using USPS/FEdex?
3. If FedEx what address I should send the response to, FedEx does not deliver to PO Box.
4. Can I send both (me and spouse) RFE responses in the same envelope?

Thanks,

1. Our CS told us it can be either way inside/outside the sealed I-693 envelope, it doesn't matter. The RFE copy should be included in the main envelope. (Just out of the CS office, ours is attached inside)

2&3. I don't think there is no other alternative address provided in place of the P.O Box number. You must follow the address provided in the RFE. Go with whichever service is ready to deliver to the P.O Box.

vizcard
07-28-2014, 09:10 AM
So just for giggles.........

Trackitt approvals for EB2I
Spillover season 2013 (Aug, Sep) = 1301 (avg 650/month) - Spec has 1338 in his table - perhaps the filters are different
Spillover season 2014 (July MTD) = 200

This is clear indication that USCIS has the capacity to turn it on. Let's say USCIS goes with 650/month for Aug & Sep and we get another 50 for July. We'll have 1550 total Trackitt approvals. That translates to about 20150 real world approvals (using a 13x multiplier).

To me that tells me that even with the slow pace right now, USCIS likely won't waste visa numbers but it will keep people on pins and needles for the rest of the summer :)

Enjoy your week!

bieber
07-28-2014, 10:02 AM
I have received RFE recently. priority date is Feb 2009. RFE is for Medicals, EVL and continuous employment authorization.

The text included in the RFE letter is as follows:
"Please submit a new Form I-693 completed by a designated civil surgeon to this office together with a copy of this notice. Including a copy of this notice with your form I-693 will facilitate matching the medical report with your file."

I have couple of questions regarding sending response.

1. Do we need to include the RFE letter inside the sealed envelope?
2. Is it better to send the response using USPS/FEdex?
3. If FedEx what address I should send the response to, FedEx does not deliver to PO Box.
4. Can I send both (me and spouse) RFE responses in the same envelope?

Thanks,

Even if you and doctor decided to put a rfe copy inside 693 envelop, i would suggest you keep a copy of RFE outside too, so that someone who opens the envelop first will be able to update the status to RFE response review.

If the RFE is asking EVL etc, you must keep a copy outside the 693 envelop

my RFE was only for medicals and I did NOT keep a copy inside the 693

imdeng
07-28-2014, 10:08 AM
My process:

1. Get 693 envelopes (2 of them for 2 of us) frm CS (2 small env)
2. Put each in a bigger envelope each with the RFE letter and a cover letter each (2 medium env)
3. Put the two in one big USPS envelope with a note saying that two RFE responses for 2 A-numbers are attached (1 large env)
4. Send the large env by the fastest USPS service with tracking that you can afford



I have received RFE recently. priority date is Feb 2009. RFE is for Medicals, EVL and continuous employment authorization.

The text included in the RFE letter is as follows:
"Please submit a new Form I-693 completed by a designated civil surgeon to this office together with a copy of this notice. Including a copy of this notice with your form I-693 will facilitate matching the medical report with your file."

I have couple of questions regarding sending response.

1. Do we need to include the RFE letter inside the sealed envelope?
2. Is it better to send the response using USPS/FEdex?
3. If FedEx what address I should send the response to, FedEx does not deliver to PO Box.
4. Can I send both (me and spouse) RFE responses in the same envelope?

Thanks,

reachkash
07-28-2014, 10:10 AM
1. I gave my civil surgeon a copy to include in the sealed packet. I'm not sure if that is common practice though


Thanks you for the response. Do we need to include all the 3 pages of RFE letter in the sealed envelop? or only the page where it says "WITH THIS PAGE ON TOP"

imdeng
07-28-2014, 10:11 AM
Yup - we saw in last few years, when USCIS wants to (or has to) approve a bunch of cases in a short time, they can actually get it done pretty fast.

So just for giggles.........

Trackitt approvals for EB2I
Spillover season 2013 (Aug, Sep) = 1301 (avg 650/month) - Spec has 1338 in his table - perhaps the filters are different
Spillover season 2014 (July MTD) = 200

This is clear indication that USCIS has the capacity to turn it on. Let's say USCIS goes with 650/month for Aug & Sep and we get another 50 for July. We'll have 1550 total Trackitt approvals. That translates to about 20150 real world approvals (using a 13x multiplier).

To me that tells me that even with the slow pace right now, USCIS likely won't waste visa numbers but it will keep people on pins and needles for the rest of the summer :)

Enjoy your week!

imdeng
07-28-2014, 10:13 AM
It is not necessary to keep a copy of the RFE inside the I-693 envelope prepared by the CS. However, if you are going to do it then why not put the whole thing. I would recommend keeping another copy outside the envelope as well.

Thanks you for the response. Do we need to include all the 3 pages of RFE letter in the sealed envelop? or only the page where it says "WITH THIS PAGE ON TOP"

reachkash
07-28-2014, 10:21 AM
It is not necessary to keep a copy of the RFE inside the I-693 envelope prepared by the CS. However, if you are going to do it then why not put the whole thing. I would recommend keeping another copy outside the envelope as well.

Sorry for too many questions. I have already got the medicals done few weeks back. Now I need to go back and ask the CS open the envelop and include these additional pages inside. I am trying to get the best practice. Thank you for the patience.

Aurora
07-28-2014, 10:32 AM
Till now there are 215 Trackitt approvals. Does that not mean approx 7000 visas? 215 X 2.5 (dependents) X 13 (real approvals) = 6988 approvals?


Thanks!

Kanmani
07-28-2014, 10:43 AM
630

Guys, interpretations please.

bieber
07-28-2014, 10:53 AM
Sorry for too many questions. I have already got the medicals done few weeks back. Now I need to go back and ask the CS open the envelop and include these additional pages inside. I am trying to get the best practice. Thank you for the patience.

I wouldn't do that if i were you

Aurora
07-28-2014, 11:05 AM
630

Guys, interpretations please.

Kanmani,

It says submit a new I-693 because your existing one is no longer valid or about to exceed its validity period.

Thanks!

vizcard
07-28-2014, 11:09 AM
630

Guys, interpretations please.

it either means your 693 has expired (medical RFE) or that the I693 form used is not the current version. My guess is its the latter.

vizcard
07-28-2014, 11:17 AM
Sorry for too many questions. I have already got the medicals done few weeks back. Now I need to go back and ask the CS open the envelop and include these additional pages inside. I am trying to get the best practice. Thank you for the patience.

Here's the criteria - If you are sending the sealed 693 envelop as is ie putting postage stamps on the 693 envelop, then you need to put the sheet inside. If you are putting the 693 envelop inside another bigger envelop, then just put the bar-coded sheet in the bigger envelop along with the 693 envelop (and anything else you need to include - EVL, etc).

imdeng
07-28-2014, 11:19 AM
Seems usual RFE language Kanmani. I thought you just got your medicals done and were going to respond to the RFE. Is this a new one?



Guys, interpretations please.

imdeng
07-28-2014, 11:23 AM
Its been ~13 for last couple years. Spec has EB-2I trackitt approvals for July MTD at 141 - so thats ~1833 approvals. Clearly USCIS is not pushing it at the moment. I expect they will pick up the pace soon.


I don't think you multiply by the dependent factor. It is already included in 13. I would also venture that the total / trackitt ratio has decreased (I don't know if someone has the latest estimate).

I also think 215 is too high...last I remember reading, it was more in the neighborhood of 100-120. Has something changed in a week?

In this month, the total number of approvals is surely below 2000...majority of approvals will happen in August/September.

imdeng
07-28-2014, 11:25 AM
I don't think it is necessary for you to get the sealed I-693s opened for putting a copy of the RFE inside. The copy of the RFE should go with the I-693 - but it does not need to be inside the sealed I-693 envelope. In fact, a CS might even reject the notion of keeping anything other than the I-693 in the sealed envelope.

Sorry for too many questions. I have already got the medicals done few weeks back. Now I need to go back and ask the CS open the envelop and include these additional pages inside. I am trying to get the best practice. Thank you for the patience.

Kanmani
07-28-2014, 11:29 AM
Guys, I am sorry. I didn't explain why I copy-pasted those lines from the RFE. It is indeed with respect to reachkash's doubt, whether to include RFE copy inside or outside the sealed envelope.

He is still looking for answers on whether to go back to CS or not. I was looking for interpertations from those lines to find out RFE copy has to be 'inside' or 'outside'.

Kanmani
07-28-2014, 11:35 AM
In fact, a CS might even reject the notion of keeping anything other than the I-693 in the sealed envelope.

imdeng,

Our first RFE in 2012 is for medicals, CS did attach a copy of the RFE to I-693. So that is not out of the norm.

ramaka02
07-28-2014, 12:59 PM
imdeng,

Our first RFE in 2012 is for medicals, CS did attach a copy of the RFE to I-693. So that is not out of the norm.

The CS that we went to refused to attach anything to the I693 and hence our lawyers just attached the RFE sheet with the package sent to USCIS. It really shouldn't matter IMHO.

geniusmag
07-28-2014, 01:49 PM
Hi Guys, Can someone please comment on my medical situation below.

I went to this doctor who did a TB skin test , 36 hours letter he read the test as positive, while I thought it was some redness but he read it as 15 mm induration and asked me to immediately go for chest X ray at one of the labs that he recommends. I was a bit surprised because 2 years ago I had a negative skin reaction ( at another CS )and and I have never traveled outside since then. Anyways I went to the radiology that he suggested for X ray, after multiple follow ups I get a report that says " No pulmonary disease " but the doc is not satisfied due to some other verbiage in the xray report and now wants me to go see a specialist of his choice. I resisted and asked him for a repeat x ray or a blood test. He agreed for a blood test at lab in his clinic. I was wary of the clinic in his lab and instead went to an independent lab, I obtained the results directly from lab in a day and it says NEGATIVE. Now I am calling this doctor time and again since last 2 days and he continues to say that he has not got the report and he has no account at Lab Corp to get the report !!. I have already wasted enough money, time and sleep over unnecessary tests. What would you guys recommend me to do now ?

Please suggest me what should I do now. Even if I get him to see my results and sign off the form , he may mark that I he administered both TB skin test as well as blood test which it appears is against the policy as The USCIS for I 693 form says " only one initial methodcan be used for initial screening ". In my case I had to do both - so how should the doc mark the form now .

or am I left with no other option but to spend money on another CS now ? Please suggest

imdeng
07-28-2014, 03:00 PM
Welcome to the forum geniusmag - and it sucks that you are being given the run-around by the CS.

Based on what you have written, it does not seem like CS is handling your case appropriately. There is always a little bit of redness - afterall there was an air-pocket there just a few hours back. It needs to be not just be red but be different in feel (softness/roughness) etc for it to count - at least that's what the nurse told me.

I think you should just consider this a sunk cost and find a different CS. If you post your location then maybe folks here can suggest more reliable CS in your area. A decent CS costs $200-$300 usually and I think that is a small price to pay to get the process right.


Hi Guys, Can someone please comment on my medical situation below.

I went to this doctor who did a TB skin test , 36 hours letter he read the test as positive, while I thought it was some redness but he read it as 15 mm induration and asked me to immediately go for chest X ray at one of the labs that he recommends. I was a bit surprised because 2 years ago I had a negative skin reaction ( at another CS )and and I have never traveled outside since then. Anyways I went to the radiology that he suggested for X ray, after multiple follow ups I get a report that says " No pulmonary disease " but the doc is not satisfied due to some other verbiage in the xray report and now wants me to go see a specialist of his choice. I resisted and asked him for a repeat x ray or a blood test. He agreed for a blood test at lab in his clinic. I was wary of the clinic in his lab and instead went to an independent lab, I obtained the results directly from lab in a day and it says NEGATIVE. Now I am calling this doctor time and again since last 2 days and he continues to say that he has not got the report and he has no account at Lab Corp to get the report !!. I have already wasted enough money, time and sleep over unnecessary tests. What would you guys recommend me to do now ?

Please suggest me what should I do now. Even if I get him to see my results and sign off the form , he may mark that I he administered both TB skin test as well as blood test which it appears is against the policy as The USCIS for I 693 form says " only one initial methodcan be used for initial screening ". In my case I had to do both - so how should the doc mark the form now .

or am I left with no other option but to spend money on another CS now ? Please suggest

imdeng
07-28-2014, 03:01 PM
I am sure its a YMMV thing - I recall there there were some reports for CS refusing to attach anything other than the I-693 and associated documentation in the sealed envelope.

imdeng,

Our first RFE in 2012 is for medicals, CS did attach a copy of the RFE to I-693. So that is not out of the norm.

vizcard
07-28-2014, 05:25 PM
Hi Guys, Can someone please comment on my medical situation below.

I went to this doctor who did a TB skin test , 36 hours letter he read the test as positive, while I thought it was some redness but he read it as 15 mm induration and asked me to immediately go for chest X ray at one of the labs that he recommends. I was a bit surprised because 2 years ago I had a negative skin reaction ( at another CS )and and I have never traveled outside since then. Anyways I went to the radiology that he suggested for X ray, after multiple follow ups I get a report that says " No pulmonary disease " but the doc is not satisfied due to some other verbiage in the xray report and now wants me to go see a specialist of his choice. I resisted and asked him for a repeat x ray or a blood test. He agreed for a blood test at lab in his clinic. I was wary of the clinic in his lab and instead went to an independent lab, I obtained the results directly from lab in a day and it says NEGATIVE. Now I am calling this doctor time and again since last 2 days and he continues to say that he has not got the report and he has no account at Lab Corp to get the report !!. I have already wasted enough money, time and sleep over unnecessary tests. What would you guys recommend me to do now ?

Please suggest me what should I do now. Even if I get him to see my results and sign off the form , he may mark that I he administered both TB skin test as well as blood test which it appears is against the policy as The USCIS for I 693 form says " only one initial methodcan be used for initial screening ". In my case I had to do both - so how should the doc mark the form now .

or am I left with no other option but to spend money on another CS now ? Please suggest


I agree with imdeng. Its just one more of those things that drive us crazy but unfortunately nothing can be done except start from square one. I'd wear a full sleeved shirt and offer the other arm for the test though. You could get in to an awkward and unnecessary conversation with the new CS. ... or alternately you can make up a reason as to why your arm is red (i assume it still is).

Kanmani
07-28-2014, 06:12 PM
I'd wear a full sleeved shirt and offer the other arm for the test though. You could get in to an awkward and unnecessary conversation with the new CS. ... or alternately you can make up a reason as to why your arm is red (i assume it still is).

Viz, LOL!

geniusmag,

My honest opinion is to go with another CS and get a new I693, since your description suggests another potential RFE in the run, which is the worst thing to dream for. Before choosing one, please read the reviews and don't hesitate to take up a long drive if a good CS can be located there. You may get the fee structure over phone for renewing I693.

From my past experience, even if the CS is good at service, the adjudicators would ruin the whole scene and vice versa. We received our 2012 RFE for useless reasons worth of law suit against the USCIS. Both our then CS and the new CS were pressing us to so.

Good Luck!

venkat
07-29-2014, 12:36 PM
Viz, RMS.

I've taken the congressman route. I just now faxed a letter along with my 485 details to my local congressman's office. They told me that they will assign it to a case worker and begin working on my case. Lets see what happens.

We never know what will work unless we try.

geniusmag
07-29-2014, 01:48 PM
Thanks for the help guys , I will goto another CS and request him to go by the blood work lab results instead of subjecting myself to another skin test. That may be quicker

helpful_leo
07-29-2014, 01:51 PM
Hi Guys, Can someone please comment on my medical situation below.

I went to this doctor who did a TB skin test , 36 hours letter he read the test as positive, while I thought it was some redness but he read it as 15 mm induration and asked me to immediately go for chest X ray at one of the labs that he recommends. I was a bit surprised because 2 years ago I had a negative skin reaction ( at another CS )and and I have never traveled outside since then. Anyways I went to the radiology that he suggested for X ray, after multiple follow ups I get a report that says " No pulmonary disease " but the doc is not satisfied due to some other verbiage in the xray report and now wants me to go see a specialist of his choice. I resisted and asked him for a repeat x ray or a blood test. He agreed for a blood test at lab in his clinic. I was wary of the clinic in his lab and instead went to an independent lab, I obtained the results directly from lab in a day and it says NEGATIVE. Now I am calling this doctor time and again since last 2 days and he continues to say that he has not got the report and he has no account at Lab Corp to get the report !!. I have already wasted enough money, time and sleep over unnecessary tests. What would you guys recommend me to do now ?

Please suggest me what should I do now. Even if I get him to see my results and sign off the form , he may mark that I he administered both TB skin test as well as blood test which it appears is against the policy as The USCIS for I 693 form says " only one initial methodcan be used for initial screening ". In my case I had to do both - so how should the doc mark the form now .

or am I left with no other option but to spend money on another CS now ? Please suggest

I agree with others that going to another CS may be smarter in your situation. Also, if I were you, I would not risk a second skin test and rather tell the new CS that you'd like to repeat the blood test. If he is a nice guy, he may also allow you to use the blood test result you already have.

I am not 100% sure that the CS is trying to fool you. The skin test needs to show 'induration' and it may be easy to miss if you don't look at these things often. It is also possible you were negative 2 years ago and "converted" only recently, even if you haven't traveled abroad. In short, you may truly be skin test positive but blood test negative - so the latter is your smarter test for USCIS purposes.

I am both skin & blood test positive, but CXRay negative, and got new I-693 without a problem.

qesehmk
07-29-2014, 02:05 PM
I am both skin & blood test positive, but CXRay negative, and got new I-693 without a problem.
Thanks Leo.

Yes indeed Indians tend to get false positives on TB test. Nothing to worry for most of them. X ray generally turns out negative.

RMS_V13
07-29-2014, 02:17 PM
Viz, RMS.

I've taken the congressman route. I just now faxed a letter along with my 485 details to my local congressman's office. They told me that they will assign it to a case worker and begin working on my case. Lets see what happens.

We never know what will work unless we try.

Hi Venkat

If it was NSC, I would have done the congressman route. TSC is obviously not processing cases or too slow for some administrative reason. I am going to give it 3 more weeks, when my RFE date would be 60 days and then contact.
Thanks

geniusmag
07-29-2014, 03:11 PM
I agree with others that going to another CS may be smarter in your situation. Also, if I were you, I would not risk a second skin test and rather tell the new CS that you'd like to repeat the blood test. If he is a nice guy, he may also allow you to use the blood test result you already have.

I am not 100% sure that the CS is trying to fool you. The skin test needs to show 'induration' and it may be easy to miss if you don't look at these things often. It is also possible you were negative 2 years ago and "converted" only recently, even if you haven't traveled abroad. In short, you may truly be skin test positive but blood test negative - so the latter is your smarter test for USCIS purposes.

I am both skin & blood test positive, but CXRay negative, and got new I-693 without a problem.

Well if you can truly be both - skin test positive and blood test negative - then practically you do not have TB as the negative blood test rules both latent and active TB. Now if I did recently "convert" , the blood test should have been positive. Anyways, I agree with you I need to use the blood test result in my I 693 - either through same CS or a different one.

imdeng
07-29-2014, 03:33 PM
Q - Maybe we need to end the ban on the sequence of letters that make "h****enkat" and "****isited" appear as *s :-) I assume these were a version of Hiya Venkat and I did visit.

The days of heated discussion about the issue are behind us. I don't think I have seen a reference in last several months.

qesehmk
07-29-2014, 04:17 PM
Q - Maybe we need to end the ban on the sequence of letters that make "h****enkat" and "****isited" appear as *s :-) I assume these were a version of Hiya Venkat and I did visit.

The days of heated discussion about the issue are behind us. I don't think I have seen a reference in last several months.
imdeng - it needs to be reciprocal. But I understand what you are saying and so I at least removed some of the stuff that would generate such gibberish as above!

Sorry we can't reverse it but going forward there wouldn't be as much gibberish!

RMS_V13
07-29-2014, 04:21 PM
Make sure your representative has not voted down any immigration bills. That's what I would do.

PD2008AUG25
07-29-2014, 05:09 PM
Guys,

Sorry if this question is being repeated.

Can someone point to me how to contact Congressman/Senator for escalation of the case?

****isited the field office today. The person at the window was nice but he had no more information than what I had heard from a tier 2 on the phone. The only extra tidbit was that my case was assigned to an officer on 7/12 and no remarks were noted. He told me usually without any remarks, the case is clean and is simply waiting for a visa number. I however told him about the lack of medical RFE and he said he couldn't say why I didn't receive any, and I should directly contact TSC.

I feel like I am running against time here. I don't know what to think of this. I would like to believe I would be greened without an RFE but there is no anecdotal evidence of that. In fact, a majority of folks who have responded to RFEs a month ago are still waiting.

I want to escalate without waiting any further. Any pointers to how the contact should be made will be appreciated.

Your local congressman and senator's web page will have information about seeking help from federal agency.

For e.g this is for VA http://www.warner.senate.gov/public/index.cfm/helpwithfederalagencies

You should follow directions there. If possible, visit their local office and explain your problem. At least call them before sending your Constituent Service form. Such form is required by all Congressman/Senators. Form will also ask for SSN and other case details. Also explain them you are no looking for canned response from SC congressional liaison.

I would wait for Friday, as you will be current and without RFE, no 60-day wait period applies to your inquiry or congressional inquiry done for you.

Actually, your case has more merit than people who got RFE. On Friday, your case will be current, will be pending for more than two years and that is well outside of normal processing time. I wouldn't mention lack of RFE to Congressman/Senator, simply that your application is pending for more than 2 years.

helpful_leo
07-29-2014, 05:26 PM
Well if you can truly be both - skin test positive and blood test negative - then practically you do not have TB as the negative blood test rules both latent and active TB. Now if I did recently "convert" , the blood test should have been positive. Anyways, I agree with you I need to use the blood test result in my I 693 - either through same CS or a different one.

Yes, skin test positive and blood test negative effectively rules out latent TB, but from what I have read of USCIS recos, they do not have guidance to CS for this particular scenario.

AFAIK, PPD conversion has historically been used in reference to the skin test (from negative to positive), and does not necessarily have implications for the blood test.

Btw, I am not entirely sure if skin test positive and blood test positive definitively means latent TB (understanding about the blood test is evolving, although their marketing says yes).

For USCIS purposes, you only need to show 1 test (I showed positive skin test, and followed up with negative CXRay).

Kanmani
07-29-2014, 07:20 PM
Someone in trackitt posted that he received reply from the Senator/Rep's office saying, TSC is processing cases on RD basis and asked him to wait for his turn. I tried to match up with the approval list, the RDs' are all over the place, particularly 2012 filers got random approvals irrespective of RD. Why do they pass wrong information to Reps?

RMS_V13
07-29-2014, 07:42 PM
Someone in trackitt posted that he received reply from the Senator/Rep's office saying, TSC is processing cases on RD basis and asked him to wait for his turn. I tried to match up with the approval list, the RDs' are all over the place, particularly 2012 filers got random approvals irrespective of RD. Why do they pass wrong information to Reps?
I have a friend who got his GC intra company transferee. He filed with NSC and was frustrates that it took a year to approve his GC, where as his colleagues who applied to TSC got it in 3 months.

No matter how crazy it sounds, TSC is purposely slow with EB2I to clear other backlog. This trend will continue for another month and they will scramble to approve cases. By then 2009 PD will be in the mix as well and approvals will be all over the board art PD..

One more conspiracy theory. May be all apps are on Additional review to buy more time? I see posts on track it abt extended and addnl review on several SRs.

geniusmag
07-29-2014, 09:20 PM
Hi gurus,

I have another question regarding the current mass RFE that has been issued. Basically for folks who have changed jobs and need to rely on AC 21 the RFE requires three things :
1. Written explanation for the change
2. Evidence that we are eligible for portability under 204(j) showing form I485 is pending for more than 180 days
3. New intended permanent employment is same as , or similar to , the original Form I-140 position

I know for 3) above , we need an EVL with job duties but here is my question - Are these IO's competent and knowledgeable enough to read technical jargon and determine if they are similar ? I spoke to an independent lawyer who suggested that the proof of burden lies on the applicant and therefore we need to clearly present them with a simplified analysis of the comparison of 2 sets of job duties (at old and new job) and clearly show to the IO that the duties match each other and also with the DOL requirements for the SOC code in question.
Those of you who may be using the services of an attorney to respond - are you including such a comparison that makes it easier for IO to compare job duties and that helps convince him that they are indeed similar and qualify for portability and if yes, is there a format for this ? This is of course over and above the EVL that everyone talks about.

To quote from the RFE :
"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 204(j) of the Immigration and national Act (INA) . INA 2014(j) job portability applies if your form I485 has been pending for more than 180 days AND your new intended permanent employment is same as , or similar to , the original Form I-140 position"

RMS_V13
07-30-2014, 08:07 AM
This morning I read in another blog EB2I applicant contacted congressman and the response he got was : Your file is in linen to be processed. Due to backlog it may take months for this to be complete. This is exactly what I was told by L2. 3-6 months.

I truly believe the increase in additional review status reflects this backlog. Just like a place holder status. There goes my hope of contacting congressman.

ramaka02
07-30-2014, 08:17 AM
Someone in trackitt posted that he received reply from the Senator/Rep's office saying, TSC is processing cases on RD basis and asked him to wait for his turn. I tried to match up with the approval list, the RDs' are all over the place, particularly 2012 filers got random approvals irrespective of RD. Why do they pass wrong information to Reps?

Looks like you have never been or had anything to do with a government office work...here or back home it is the same...:)!

qbloguser
07-30-2014, 10:00 AM
happened to me twice - in 2012 and this year. first time, he just poked my skin on the arm; went there after 2 days and was told to do X-ray. Xray was fine. This time; he opened my previous file and directly send me for x-ray - not skin test and xray came fine. surprisingly, my wife and son both came negative on skin tests in 2012 and this year too.

bieber
07-30-2014, 10:11 AM
Make sure your representative has not voted down any immigration bills. That's what I would do.

why does it matter to find out or escalate the status?

bieber
07-30-2014, 10:14 AM
Yes, skin test positive and blood test negative effectively rules out latent TB, but from what I have read of USCIS recos, they do not have guidance to CS for this particular scenario.

AFAIK, PPD conversion has historically been used in reference to the skin test (from negative to positive), and does not necessarily have implications for the blood test.

Btw, I am not entirely sure if skin test positive and blood test positive definitively means latent TB (understanding about the blood test is evolving, although their marketing says yes).

For USCIS purposes, you only need to show 1 test (I showed positive skin test, and followed up with negative CXRay).

Skin test positive, X ray negative can be latent TB (Class B). It happened to me and there were no recommendations to health department.
My doctor was helpful and it seemed he had good grip of changing rules. He didn't include X ray report or RFE copy inside the 693 envelop.

bieber
07-30-2014, 10:15 AM
I do not believe a tier 2 officer has any visibility at all in your case. The response from the tier 2 officer is very superficial at best and plain wrong at worst.

The congressional response is also not satisfactory if the case has been pending for over 2 years. Years have already passed so additional processing months do not make any sense whatsoever. Perhaps the context is different for the case to whom this response was given. Did that person file in Nov 2013? TSC seems to be taking 7-8 months in adjudicating cases, and this specific case might still be stuck in that window.

I just contacted the local rep of my congressional office and he was very helpful and told me they will get an exact accurate estimate on my case. He seemed to know what he was talking about - this might really depend upon district to district.

I do not know what the TSC was up to in July but when the gates open for real in August, the pressure is going to mount and approvals will start. We shall see how it goes.

All the best, I hope TSC will start approving huge batches in August.

RMS_V13
07-30-2014, 11:50 AM
why does it matter to find out or escalate the status?

Its your prerogative. I would never approach a congressman who voted down immigration laws, who is against foreign workers. Just me. I don't want to be placed in another backlog at the congressman's office :)

venkat
07-30-2014, 12:30 PM
Here is an update:

The case worker at my local congressional office called me to update that they have initiated a inquiry with the congressional liason at the Texas Service Center. I'm 100% sure that there will be a boilerplate response something like "we are waiting for visa number and you will get a response within 3 months blah blah blah".

The case worker assigned to my case is not an immigration specialist but she said that if we get a boilerplate response then we will followup and try to get more specifics and see what can be done to expedite it.

I'll keep this group posted.

bieber
07-30-2014, 02:03 PM
Its your prerogative. I would never approach a congressman who voted down immigration laws, who is against foreign workers. Just me. I don't want to be placed in another backlog at the congressman's office :)

just wanted to understand if customer serice shares the status depending on particualr congressman

I had experience with senator who I don't think voted for CIR, but found out the status for me

anyways, for most of us there is no choice. Congressman has to be local to help you and we can't choose based on their voting history

Kanmani
07-30-2014, 02:22 PM
anyways, for most of us there is no choice. Congressman has to be local to help you and we can't choose based on their voting history

Same is applicable to the senator, each state is represented by one senator in general and we should approach whoever is representing the respective district/State i.e., congressman/senator, is it so?

Is it just like police jurisdiction in India? No border crossing?

bieber
07-30-2014, 03:45 PM
Same is applicable to the senator, each state is represented by one senator in general and we should approach whoever is representing the respective district/State i.e., congressman/senator, is it so?

Is it just like police jurisdiction in India? No border crossing?

Each state is represented by 2 senators at any point of time, we can contact either

Depending upon the residentail district, we will have one houe representative. If one goes through the HRep , he/she may get more attention because Senator represents the entire state and there must be more people waiting in line

Kanmani
07-30-2014, 03:50 PM
Thanks Bieber,
I have no immediate necessity at present , just for information sake. Still no border crossing for favorite congressman within the state right?

RMS_V13
07-30-2014, 05:35 PM
just wanted to understand if customer serice shares the status depending on particualr congressman

I had experience with senator who I don't think voted for CIR, but found out the status for me

anyways, for most of us there is no choice. Congressman has to be local to help you and we can't choose based on their voting history

Based in whr I live I would rather go to the senator than the house rep based on his political views. I am not saying they would not find the status or jeopardize. Just the comfort feeling.

helpful_leo
07-30-2014, 05:54 PM
Skin test positive, X ray negative can be latent TB (Class B). It happened to me and there were no recommendations to health department.
My doctor was helpful and it seemed he had good grip of changing rules. He didn't include X ray report or RFE copy inside the 693 envelop.

It can be, but need not be.

For USCIS purposes, in an otherwise healthy person, it is latent TB (Class B) only if TST is >10mm (positive is defined >5mm) AND the person is recent arrival (<5 years) from high TB incidence country (India qualifies).
So, although I have >10mm skin test (and XRay negative), since I am in the US >5 years, my CS did NOT check 'Class B' for me.

Details here (esp. p19):
http://www.cdc.gov/immigrantrefugeehealth/pdf/tb-ti-civil.pdf

geniusmag
07-30-2014, 07:48 PM
It can be, but need not be.

For USCIS purposes, in an otherwise healthy person, it is latent TB (Class B) only if TST is >10mm (positive is defined >5mm) AND the person is recent arrival (<5 years) from high TB incidence country (India qualifies).
So, although I have >10mm skin test (and XRay negative), since I am in the US >5 years, my CS did NOT check 'Class B' for me.

Details here (esp. p19):
http://www.cdc.gov/immigrantrefugeehealth/pdf/tb-ti-civil.pdf

Thats where the blood test comes into picture . I really dont understand why skin test is still used.
Blood test is simple , objective and gives a yes / no answer - negative clears you of any TB - active or latent, positive indicates atleast latent Tb ( could be active based on other conditions / x ray ). No more measuring redness , softness and worrying about if you took BCG and what not

vizcard
07-30-2014, 08:41 PM
Thanks Bieber,
I have no immediate necessity at present , just for information sake. Still no border crossing for favorite congressman within the state right?

Short answer - no border crossing. You have the choice of 1 Congressman (from your district) and 2 Senators (your state). You can choose one or more of these based on who you are comfortable with. I live in NJ. Senator Menendez is a no-brainer for me.

vyruss
07-31-2014, 08:54 AM
I am having a feeling that RFEs are not going to come anymore. There just haven't been any RFEs for 2008 folks since June.

Most porters have not seen RFEs either and some of them are being told that their cases are simply waiting for final adjudication. We will see if approvals happen for folks without RFEs.

While I am all for getting greened without an RFE, how equitable would it be if USCIS chooses to randomly apply an old protocol to a select few. Would they now open themselves for a litigation? Is that even possible? I definitely do not want to water down your hopes here but at the same time there is not much data to support the theory that some are being greened without an RFE.

The whole RFE episode seems to be an arbitrary execution of the protocol. With an established backlog like EB2I, it could have been better (wishful thinking, I guess).

Spectator
07-31-2014, 10:02 AM
While I am all for getting greened without an RFE, how equitable would it be if USCIS chooses to randomly apply an old protocol to a select few. Would they now open themselves for a litigation? Is that even possible? I definitely do not want to water down your hopes here but at the same time there is not much data to support the theory that some are being greened without an RFE.

The whole RFE episode seems to be an arbitrary execution of the protocol. With an established backlog like EB2I, it could have been better (wishful thinking, I guess).vyruss,

It's not going to happen.

The one year validity for I-693 after May 31, 2014 is a matter of USCIS policy and is binding on all adjudicators until different guidance is issued.

The new policy was developed in conjunction with CDC and I don't believe USCIS has the authority to modify the policy without consulting with the CDC first.

That is not going to happen within FY2014 IMO. I do hope that, at some point, the validity can be extended to at least 2 years. That would remove all the present problems in future years.

Currently there is zero evidence in Trackitt, for cases that have been updated, of any case being approved with an expired I-693.

Medical RFE
Pre Change -- 645
<1 Year ------ 78
Yes ---------- 86
No ------------ 0
Unknown ------- 9
Total ------- 818


I hope sportsfan receives the RFE as soon as possible.

bieber
07-31-2014, 10:09 AM
Thanks Bieber,
I have no immediate necessity at present , just for information sake. Still no border crossing for favorite congressman within the state right?

I guess you can try, but they will ask to contact local congressman first and if there is no help then you can try to contact other reps. They have a question on the form to mention if you already contacted another congressman

bieber
07-31-2014, 10:10 AM
Based in whr I live I would rather go to the senator than the house rep based on his political views. I am not saying they would not find the status or jeopardize. Just the comfort feeling.

I agree, that's the reason I went with Senator

bieber
07-31-2014, 10:11 AM
It can be, but need not be.

For USCIS purposes, in an otherwise healthy person, it is latent TB (Class B) only if TST is >10mm (positive is defined >5mm) AND the person is recent arrival (<5 years) from high TB incidence country (India qualifies).
So, although I have >10mm skin test (and XRay negative), since I am in the US >5 years, my CS did NOT check 'Class B' for me.

Details here (esp. p19):
http://www.cdc.gov/immigrantrefugeehealth/pdf/tb-ti-civil.pdf

Thanks. Now I understand why he marked mine as Class B. I got 13mm reaction and traveled to India recently

vyruss
07-31-2014, 10:28 AM
The one year validity for I-693 after May 31, 2014 is a matter of USCIS policy and is binding on all adjudicators until different guidance is issued.

The new policy was developed in conjunction with CDC and I don't believe USCIS has the authority to modify the policy without consulting with the CDC first.

Currently there is zero evidence in Trackitt, for cases that have been updated, of any case being approved with an expired I-693.
.

That is what I thought. On the policy issue, is this not an old policy that is just being enforced now. It was probably glossed over in the past and now merely being enforced. It would just be prudent to suck it up, spend the money on the medicals now and wait for the "inevitable" RFE. But I would be really mad if I fall into PWMB category just because USCIS muddled the RFE issuing process.

Kanmani
07-31-2014, 10:41 AM
I guess you can try, but they will ask to contact local congressman first and if there is no help then you can try to contact other reps. They have a question on the form to mention if you already contacted another congressman

Thanks 'B'.

reachkash
07-31-2014, 12:56 PM
How long USCIS takes to update the status to "Request for Evidence Response Review" once we send the RFE response? Will there be some delay?

ramaka02
07-31-2014, 01:19 PM
^Mine got updated the day after TSC received the docs.

bieber
07-31-2014, 01:23 PM
How long USCIS takes to update the status to "Request for Evidence Response Review" once we send the RFE response? Will there be some delay?

24-48 hours (business days)

helpful_leo
07-31-2014, 02:10 PM
I have an elementary Q, reg. answer on my senator inquiry / privacy form (for EB2-I):

1/ Under "Information about you", it asks "Are you the petitioner?"

2/ In a separate section, it asks "Info about beneficiary or foreign visitor".

I am a little confused. Am I the I-485 petitioner or beneficiary, or both?

Thanks

vizcard
07-31-2014, 02:26 PM
I have an elementary Q, reg. answer on my senator inquiry / privacy form (for EB2-I):

1/ Under "Information about you", it asks "Are you the petitioner?"

2/ In a separate section, it asks "Info about beneficiary or foreign visitor".

I am a little confused. Am I the I-485 petitioner or beneficiary, or both?

Thanks

For the 485 you are both. Your spouse would be only a beneficiary. Its probably a generic form that might apply to H1B or I140 cases too in which case the company is the petitioner and you are the beneficiary.

imdeng
07-31-2014, 02:53 PM
NSC usually updated within 1 day of receiving. They usually run a batch update around 10PM.

How long USCIS takes to update the status to "Request for Evidence Response Review" once we send the RFE response? Will there be some delay?

helpful_leo
07-31-2014, 03:28 PM
For the 485 you are both. Your spouse would be only a beneficiary. Its probably a generic form that might apply to H1B or I140 cases too in which case the company is the petitioner and you are the beneficiary.

Thanks viz. Yes, that makes sense.

And it is a generic form that is applicable to other applications.

reachkash
07-31-2014, 06:23 PM
NSC usually updated within 1 day of receiving. They usually run a batch update around 10PM.


Mine is TSC. Just now I received SMS alert, case status updated to RERR. It took 36 Hrs for the status to reflect after it is delivered by USPS.

RMS_V13
07-31-2014, 10:02 PM
Sports fan, Just for my future reference. Did you talk to the congress man, write, or fax or email or face to face?

Did you represent yourself or both you and your wife? My spouse will not indulge in these conversations. So, I will have to fight this battle. Will they need primary or can the derivative appeal their case?,


Spec, I definitely do not doubt the accuracy of your information.

However, it still doesn't explain an abrupt cutoff in the RFEs around end of June. Very few people have received RFEs in July and a good chunk of people simply don't have them.

If memory serves me right, last year too, it was the same thing. Not everyone received RFEs.

Although "technically", we should all receive medical RFEs, I am still wondering if there is an internal memo/flexibility afforded to adjudicators to send them at their own discretion afterall. We will know by August 10 when the September bulletin comes out. If it moves to accommodate everyone who received RFEs (up to November 2009), then yes, you are 100% right and I will press the panic button (for my own case if it's still in the same state). However if it doesn't move that far, I seriously doubt that all the late 2009 folks who git RFEs will be again told to go through that 1 year from now.

There has to be some sort of flexibility at some point. Could it already be in place now without us knowing? It's possible. I agree that there is no anecdotal evidence yet, but consider that TSC has not approved many folks to begin with. NSC has on the other hand sent RFEs diligently and has approved at a healthy place.

It's a coin toss. Fortunately, I have a very strong support from local congressman who actually told me that they will go above and beyond to ensure my case is processed in a timely manner. I am less worried as a result at least now.

JJcalifornian
08-02-2014, 12:50 PM
Mine is TSC. Just now I received SMS alert, case status updated to RERR. It took 36 Hrs for the status to reflect after it is delivered by USPS.

mine is with TSC for the last 18 days and no update at all.

sreddy
08-04-2014, 02:53 PM
Early responders to RFE should have completed 60 days wait already (based on response receipt date), any of them created case/enquiry with TSC?

vizcard
08-04-2014, 05:08 PM
NSC has started approving people who got current in Aug.

ramaka02
08-04-2014, 05:40 PM
NSC has started approving people who got current in Aug.

Are we (GC pending applicants at TSC) really out of luck, with no options? Is there really no way to get in touch with TSC folks and get an explanation on WTF is happening there?

PD2008AUG25
08-04-2014, 06:59 PM
Things are getting little better at TSC. 14 approvals in 4 days at TSC vs 11 at NSC. Let's hope it keeps accelerating.

ramaka02
08-04-2014, 07:18 PM
Certainly hope so...will be 60 days this Friday replying back to RFE...hoping to receive some news before that or else as usual open a crappy SR...Sorry if I sound overly pessimistic, but it is frustrating to see later PDs and RFERR dates getting approved and the randomness of the process...Can't believe this is happening here!

vizcard
08-04-2014, 07:27 PM
Certainly hope so...will be 60 days this Friday replying back to RFE...hoping to receive some news before that or else as usual open a crappy SR...Sorry if I sound overly pessimistic, but it is frustrating to see later PDs and RFERR dates getting approved and the randomness of the process...Can't believe this is happening here!

I hear you. My 60 days ends on Aug 12. So we'll see.

RMS_V13
08-04-2014, 08:22 PM
Fed up as well.As the days go by without approvals,chances of getting greened is becoming slim. It will take a miracle to approve cases that is current or e end half it by TSC

sreddy
08-05-2014, 09:35 AM
Things are getting little better at TSC. 14 approvals in 4 days at TSC vs 11 at NSC. Let's hope it keeps accelerating.

Can you please share source of your observation? We are waiting, and not seeing any light at the end of the tunnel. Seeing approvals may give us some hope.

Spectator
08-05-2014, 09:46 AM
Can you please share source of your observation? We are waiting, and not seeing any light at the end of the tunnel. Seeing approvals may give us some hope.This is the latest situation from updated primary cases on Trackitt for July and August.

Center ---- NSC ----- TSC ----- CSC ----- VSC --- Total
Total ----- 138 ------ 74 ------- 0 ------- 0 ----- 212
Percent -- 65.1% --- 34.9% ---- 0.0% ---- 0.0% -- 100.0%

TSC appears to be catching up, considering the very slow start they had.

It was much the same last year - eventually TSC accounted for 60% of approvals.

venkat
08-05-2014, 03:23 PM
I followed up with the congressman's office as its been a week since i started the inquiry. The answer i got was:

"Your case has been assigned to a supervisor for decision and final action will be taken in the next 30 days"

It sounds encouraging but unless you get the approval its not guaranteed. Now lets see what happens.


Viz, RMS.

I've taken the congressman route. I just now faxed a letter along with my 485 details to my local congressman's office. They told me that they will assign it to a case worker and begin working on my case. Lets see what happens.

We never know what will work unless we try.

ramaka02
08-05-2014, 03:53 PM
Thats indeed encouraging. Good luck! It has been 2 weeks since my senator's office contacted USCIS on my behalf and still waiting for a reply.


I followed up with the congressman's office as its been a week since i started the inquiry. The answer i got was:

"Your case has been assigned to a supervisor for decision and final action will be taken in the next 30 days"

It sounds encouraging but unless you get the approval its not guaranteed. Now lets see what happens.

docgana
08-05-2014, 08:09 PM
Do we know if officer ID mentioned in the RFE is the one who will make final approval? There seems to be this impression, wanted to clarify.

imdeng
08-05-2014, 08:49 PM
Evidence so far says that it is not necessary that the same officer looks at the file in different stages. Folks who have received two RFEs have had two different officers for the two RFEs. In any case what difference would it make?

Does anyone know if officer listed on RFE ends up making final decision?

helpful_leo
08-05-2014, 10:14 PM
I hope this trend of TSC accelerating approvals holds and increases as the month goes on. The last few days are encouraging if they indicate a trend.
I am yet to hit the RFER 30 day mark, much less 60 days, but hope long timers here including Vizcard get the good news soon!

Btw, is it common to have the dependent's I-485 I-797 notice show under 'Priority Date' not the Primary Applicant's PD but Receipt Date?

bieber
08-06-2014, 08:42 AM
Do we know if officer ID mentioned in the RFE is the one who will make final approval? There seems to be this impression, wanted to clarify.

We have seen many cases where the cases with one officer getting approvals on same day. (Trackitt, NSC)

I believe, unless in special cases where an officer can't work on the issued RFE, it won't be sent to another adjudicator.

bieber
08-06-2014, 08:43 AM
I hope this trend of TSC accelerating approvals holds and increases as the month goes on. The last few days are encouraging if they indicate a trend.
I am yet to hit the RFER 30 day mark, much less 60 days, but hope long timers here including Vizcard get the good news soon!

Btw, is it common to have the dependent's I-485 I-797 notice show under 'Priority Date' not the Primary Applicant's PD but Receipt Date?


Yes, I485 receipt notice for dependent shows RD as PD. Once you receive approval, that 797 PD matches with primary

RMS_V13
08-06-2014, 05:59 PM
Another day with glimmering hope.
I called the senator but decided against filing a request and let the process take it's own course. What is the senator going to do? Check on status right?
I called L1 and they would have raised an SR if I asked but again, decided last minute against it and said I will call back next week when my clock reaches 60 days.

So frustrated

AC_1980
08-06-2014, 09:30 PM
Need some advice from the gurus. I recently received RFE asking for EVL (continued eligibility)+revised medicals. The RFE letter was only for me (primary), no mention of dependent. RFE letter is addressed to my name, has my Alien # only. our PD is July 2009, RD is Feb 2012. lawyer suggests that since USCIS did not ask for dependent's revised medicals, no need to send that in at this time, only send revised medical for primary (me), along with EVL.

I tend to agree with the lawyer, even though the recent USCIS memo makes the dependent's 693 invalid, still may not be necessary to send revised medical for dependent since not asked for it yet. If they do ask in near future, we will get medicals done for dependent and then send.

I would like to get the opinion of others here. please share. thanks!

*Edit*
I forgot to mention, my online status changed to RFE a few weeks ago, but my wife's (dependent) online status had no change, still shows ACCEPTANCE as it has for 2.5 years now.

bieber
08-07-2014, 08:41 AM
Hi everyone,

The status finally changed for me me and dependent yesterday.

I was also surprised to find out that my lawyer had submitted AC21 on my behalf last year when I was under the impression nothing was done. I had actually prepared the packet with the lawyer's help but the last minute I decided against sending it. Looks like my memory is failing me (this GC thing is making me prematurely old) since the packet was sent. This seems to have taken an additional review time on my case upfront. I am betting that my RFE will only be for the medicals.

Some others on trackitt have reported the same symptom. AC21, address changes within the last year, AOS interviewees and some porters whose labor has been approved recently is the approximate set of people who did not get RFEs in May/June. Rest assured though - no GC without an RFE, not at least this year.

OK, time for questions. I am on my own (the lawyer is no longer with our company and there is no one really out there who would help me at this stage now). I will prepare and send my own response. So I want to do this right as I have been spoon fed until now in my immigration journey.

1) Assuming the RFE is also for EVL, does a typical letter that details my responsibilities and start date suffice? Do I need anything else like paystubs, tax returns etc?
1a) Will a letter from my previous company showing the duration of my employment help? This will automatically show continuous employment in same or similar field.
1b) Do I need to write down I am using AC21 etc etc?
1c) Should I get some other supporting material from my company showcasing our products etc?
1d) What else? Am I missing something?

2) Assuming the RFE asks for continuous employment, would copies of EAD and previously approved H1B suffice? I abandoned my H1B last year. I can also corroborate continuous employment be getting a letter of my employment duration with the previous company.

3) Medicals: So what's needed here? I have copies of both previously completed forms. So I go to the same lab and show them the forms and they redo whatever needs to be done and give me 2 sealed envelopes to be sent to the USCIS, right? Anything else?

I apologize for being redundant.

I filed for AC21 and received RFE only for medicals. So I'm guessing you will receive it just for the medicals, if you are NSC. TSC is asking for all three.

For Medicals, you can go to the same CS and show the copies. He/She still has to do skin test and blood work so the last time process repeats.

PD2008AUG25
08-07-2014, 09:11 AM
1) Assuming the RFE is also for EVL, does a typical letter that details my responsibilities and start date suffice? Do I need anything else like paystubs, tax returns etc?
1a) Will a letter from my previous company showing the duration of my employment help? This will automatically show continuous employment in same or similar field.
1b) Do I need to write down I am using AC21 etc etc?
1c) Should I get some other supporting material from my company showcasing our products etc?
1d) What else? Am I missing something?

2) Assuming the RFE asks for continuous employment, would copies of EAD and previously approved H1B suffice? I abandoned my H1B last year. I can also corroborate continuous employment be getting a letter of my employment duration with the previous company.

3) Medicals: So what's needed here? I have copies of both previously completed forms. So I go to the same lab and show them the forms and they redo whatever needs to be done and give me 2 sealed envelopes to be sent to the USCIS, right? Anything else?

I apologize for being redundant.

Based on my experience and others I've seen,

1. I think letter is sufficient. Also include your salary. No other docs are required.
1a. It is not necessary. (2) will take care of it.
1b. Yes you need to. Explain that your current employer is different and as per AC21 it is allowed.
1c. No.
1d. I don't think so.

2. Yes, copies of EAD and H1B approvals is all that needed.

3. Correct. They will administer TB test and one blood test. They should give sealed envelopes in 2-3 days. They will charge 200+ for each.

la_2002_ch
08-07-2014, 09:33 AM
Hi everyone,

The status finally changed for me me and dependent yesterday.

I was also surprised to find out that my lawyer had submitted AC21 on my behalf last year when I was under the impression nothing was done. I had actually prepared the packet with the lawyer's help but the last minute I decided against sending it. Looks like my memory is failing me (this GC thing is making me prematurely old) since the packet was sent. This seems to have taken an additional review time on my case upfront. I am betting that my RFE will only be for the medicals.

Some others on trackitt have reported the same symptom. AC21, address changes within the last year, AOS interviewees and some porters whose labor has been approved recently is the approximate set of people who did not get RFEs in May/June.

I submitted my address change last year and AC21 with my RFE response last month. So I guess I should now be prepared for additional review time and give up the hope of getting an approval in Aug/Sep. :(

Has anyone who submitted AC21 with RFE Response recently been approved?

We both are working on our EADs which expire in mid-Dec. So based on the 120 days deadline to file for the renewal, I need to take a decision by Aug 15th whether to go ahead and file it or not.

What happens if I file for EAD renewal and then GC approval comes after that? Will it have any adverse impact on 485 decision?

imdeng
08-07-2014, 10:14 AM
Yup - go to the same facility and carry your last I-693. They will use your immunization info from last time but will repeat the TB and Blood Test. They will charge the same as a new I-693. Depending upon the CS and your history, they might ask you for a booster shot (the second dose) of MMR.

3) Medicals: So what's needed here? I have copies of both previously completed forms. So I go to the same lab and show them the forms and they redo whatever needs to be done and give me 2 sealed envelopes to be sent to the USCIS, right? Anything else?

la_2002_ch
08-07-2014, 10:17 AM
Got it. Thx for the quick reply.

All the best with your medicals and RFE Response.


If the GC does not arrive, I would start the EAD/AP renewal right away - on the first day you are eligible. If your 485 gets approved before the EAD approval, eventually the EAD case will be denied. It is however simply not worth taking a chance on 485 approval since we do not have the H1B any longer.

imdeng
08-07-2014, 10:18 AM
2 envelopes - one each for you and your wife, put both in a bigger envelope. Keep RFE letter copy in each of the individual envelopes.


- You send them in 2 separate envelopes right? I guess my wife's envelop will have only the sealed medicals?
- My wife is no longer on H4 and is using her own EAD to be in status. Should I also include her previously approved copy of the H4 and current EAD to prove continuous legal status or something to that effect?
- What does the final envelop consist of? All the supporting evidence and the RFE letter itself? Sorry if this is a dumb question - as I said, I have been spoon fed until now.

imdeng
08-07-2014, 04:15 PM
Let the RFE come first and see what the wording there is.

Thanks imdeng! Any take on whether I should also include wife's previous H4 and current EAD?

vizcard
08-08-2014, 09:36 AM
Thanks imdeng! Any take on whether I should also include wife's previous H4 and current EAD?

Rule of thumb - don't send anything they don't ask for.

Also,if you are interested I had posted my EVL as a template for others to use (here (http://www.qesehmk.org/forums/showthread.php/2445-EVL-templates)). Ofcourse mine is not AC21 so it might not be applicable but if you want to see the language in general feel free.

ramaka02
08-08-2014, 11:56 AM
Called USCIS this morning since tomorrow marks the 60 day period. Was asked to call back on Monday if nothing changes over the weekend (yeah right!). Having exhausted all options (Senator, call them) I am at a point where I really don't give a fark whether I get the GC or not....they can shove it up in a place where sun don't shine!

qesehmk
08-08-2014, 12:09 PM
Take it easy Ramaka. You will get it. There is 7 weeks left yet for this year to end. That's thousands of spillover visas.


Called USCIS this morning since tomorrow marks the 60 day period. Was asked to call back on Monday if nothing changes over the weekend (yeah right!). Having exhausted all options (Senator, call them) I am at a point where I really don't give a fark whether I get the GC or not....they can shove it up in a place where sun don't shine!

ramaka02
08-08-2014, 12:55 PM
Its not the wait but the helplessness and the total no logic non transparency about this process is what is very frustrating! Thanks Q!


Take it easy Ramaka. You will get it. There is 7 weeks left yet for this year to end. That's thousands of spillover visas.

qesehmk
08-08-2014, 01:18 PM
TRUE Ramaka.
Its not the wait but the helplessness and the total no logic non transparency about this process is what is very frustrating!

RMS_V13
08-08-2014, 02:38 PM
Sportsfan, for a second I thought you got your GC :(, but it was the RFE, which Im sure in your case is as joyous.


Hi everyone,

The status finally changed for me me and dependent yesterday.

I was also surprised to find out that my lawyer had submitted AC21 on my behalf last year when I was under the impression nothing was done. I had actually prepared the packet with the lawyer's help but the last minute I decided against sending it. Looks like my memory is failing me (this GC thing is making me prematurely old) since the packet was sent. This seems to have taken an additional review time on my case upfront. I am betting that my RFE will only be for the medicals.

Some others on trackitt have reported the same symptom. AC21, address changes within the last year, AOS interviewees and some porters whose labor has been approved recently is the approximate set of people who did not get RFEs in May/June. Rest assured though - no GC without an RFE, not at least this year.

OK, time for questions. I am on my own (the lawyer is no longer with our company and there is no one really out there who would help me at this stage now). I will prepare and send my own response. So I want to do this right as I have been spoon fed until now in my immigration journey.

1) Assuming the RFE is also for EVL, does a typical letter that details my responsibilities and start date suffice? Do I need anything else like paystubs, tax returns etc?
1a) Will a letter from my previous company showing the duration of my employment help? This will automatically show continuous employment in same or similar field.
1b) Do I need to write down I am using AC21 etc etc?
1c) Should I get some other supporting material from my company showcasing our products etc?
1d) What else? Am I missing something?

2) Assuming the RFE asks for continuous employment, would copies of EAD and previously approved H1B suffice? I abandoned my H1B last year. I can also corroborate continuous employment be getting a letter of my employment duration with the previous company.

3) Medicals: So what's needed here? I have copies of both previously completed forms. So I go to the same lab and show them the forms and they redo whatever needs to be done and give me 2 sealed envelopes to be sent to the USCIS, right? Anything else?

I apologize for being redundant.

vizcard
08-11-2014, 11:59 AM
Today is Day 60 post-RFERR. is there a follow up sequence? what is it? Is it another reason to kick the can down the road i.e. you submitted a service request..we'll get back to you in 60 days!

I know my options are-
1. Service Request
2. Infopass
3. Congressman or Senator (or both?)

PD2008AUG25
08-11-2014, 12:11 PM
Today is Day 60 post-RFERR. is there a follow up sequence? what is it? Is it another reason to kick the can down the road i.e. you submitted a service request..we'll get back to you in 60 days!

I know my options are-
1. Service Request
2. Infopass
3. Congressman or Senator (or both?)

I did not do SR and InfoPass, as I thought they were waste of time. I started Senator and Congressmen inquiry both on same day. It is very difficult to say whether it helped or not, but I contacted them on Monday and got CPO on Friday. After getting CPO, I did not get any communication back from either Senator or Congressman's office. Good luck.

helpful_leo
08-11-2014, 01:01 PM
Today is Day 60 post-RFERR. is there a follow up sequence? what is it? Is it another reason to kick the can down the road i.e. you submitted a service request..we'll get back to you in 60 days!

I know my options are-
1. Service Request
2. Infopass
3. Congressman or Senator (or both?)

With my limited understanding of the process, I would do #s 2 and 3. My sense is the Senator or Congressman inquiry provides the best bang for the buck, among the limited options we have. Doing both Sen & Congressman seems overkill, and potentially counterproductive as it could annoy them.

In fact I personally have started 3 and scheduled 2, even though I am just RFER 30+. I started earlier as I may not remain current much longer once I am RFER 60+.

I think the way you are doing it (i.e. RFER 60+) has better chances of a meaningful response, as it removes the possibility that USCIS will reply to the Senator staffer that you have to wait for 60 days after RFE.

#1 may just be an excuse for USCIS to kick the can down the road, and on trackitt I have not read of anyone being helped by it.

helpful_leo
08-11-2014, 01:04 PM
Congressman AND SR. Do not waste time on infopass based on mine and many other's recent experiences.

Seems both SR and InfoPass may be a waste of time.

Have you seen or heard of anyone helped by SR? I only see boilerplate responses to check back after 30 or 60 days.
InfoPass, even if useless, does not seem to give one a further receding 'wait for 60 days' horizon, or am I wrong?

aug152008
08-11-2014, 01:23 PM
I did not do SR and InfoPass, as I thought they were waste of time. I started Senator and Congressmen inquiry both on same day. It is very difficult to say whether it helped or not, but I contacted them on Monday and got CPO on Friday. After getting CPO, I did not get any communication back from either Senator or Congressman's office. Good luck.

pd2008aug25,

could you tell us what was the message you gave to the senator/Congressman?

Did you say that the RFE processing period (60 days) had passed ? I think, if I remember right, in your caes, it had not exceeded isnt it? So, what was the reason you gave for wantign the senator to inquire?

also, did you send any copies of docs to the senator?

In my case , the lawyer sent the rFE response on Jun 24. Status online became initial review , on June 24. He then sent a supplementary letter giving an updated EVL ( start date was missing in orignal EVL) on july 16. status online is now RFE response review, with an update sayign that the RFE response was received on July 17, status is RFERR.

So, I'm wondering what details to include in the letter to senator and what copies of documents.

Thank you!

daggubati
08-11-2014, 01:50 PM
I am a July '09 PD TSC yet to receive an RFE.

Assuming, the dates go past July in this bulletin, I would like to open up an SR or Congressional Inquiry or InfoPass. From the feedback on the forum, it looks like InfoPass is not recommended. What's the best option and how do we go about it?

Is this where we file the SR --- https://egov.uscis.gov/e-request/
Should I select (case out of normal processing times)

Please suggest

Thanks,
M

PD2008AUG25
08-11-2014, 01:59 PM
pd2008aug25,

could you tell us what was the message you gave to the senator/Congressman?

Did you say that the RFE processing period (60 days) had passed ? I think, if I remember right, in your caes, it had not exceeded isnt it? So, what was the reason you gave for wantign the senator to inquire?

also, did you send any copies of docs to the senator?

In my case , the lawyer sent the rFE response on Jun 24. Status online became initial review , on June 24. He then sent a supplementary letter giving an updated EVL ( start date was missing in orignal EVL) on july 16. status online is now RFE response review, with an update sayign that the RFE response was received on July 17, status is RFERR.

So, I'm wondering what details to include in the letter to senator and what copies of documents.

Thank you!

I did not mention RFE to Congressman/Senator's staff. I simply said my application is pending for more than 2 years while normal processing times are 4-6 months. I did not any send any documents except for letter explaining case and how it is harming me and privacy form. I personally met the staff member at local office and explained how USCIS only likes to give template answers and requested something specific to my case.

Like I said in original post, there is no way to know if this or any of other mechanisms help at all. Also my approval was on 1st August, the day from which TSC started approving more cases.

PD2008AUG25
08-11-2014, 02:03 PM
It's impossible to say what worked and what didn't, but it does not hurt to create an SR because it is cheap. You can do it online easily and simply select "case outside of normal processing time" as the reason.



I agree SR is easy to create. I was scared to create one because of some rumors on other site saying it may actually delay the case and I didn't notice many talking about potential upside.

aug152008
08-11-2014, 02:30 PM
I did not mention RFE to Congressman/Senator's staff. I simply said my application is pending for more than 2 years while normal processing times are 4-6 months. I did not any send any documents except for letter explaining case and how it is harming me and privacy form. I personally met the staff member at local office and explained how USCIS only likes to give template answers and requested something specific to my case.

Like I said in original post, there is no way to know if this or any of other mechanisms help at all. Also my approval was on 1st August, the day from which TSC started approving more cases.


This is very helpful , thank you! Because , I didnt want to give more info and confuse the staff . What you did sounds like something they would understand..

yeah , dont know if it might have had anything to do with your case, but we're all clutching at straws, isnt it !

this difference between NSC/TSC, how they dont seem to have any rationale in approving cases , all are so FRUSTRATING !

Sorry everyone, just venting !

qesehmk
08-11-2014, 02:36 PM
they dont seem to have any rationale in approving cases , all are so FRUSTRATING !

Sorry everyone, just venting !

You don't need to say sorry. If your date is Aug152008 EB2I then indeed this is extremely frustrating.

Generally speaking if people prior to Nov 2008 in EB2I are not yet approved then they should make noise and be heard. If there are issues with your case then USCIS needs to tell you what the problem is.

aug152008
08-11-2014, 03:09 PM
You don't need to say sorry. If your date is Aug152008 EB2I then indeed this is extremely frustrating.

Generally speaking if people prior to Nov 2008 in EB2I are not yet approved then they should make noise and be heard. If there are issues with your case then USCIS needs to tell you what the problem is.

yes, my priority date is aug 15, 2008 . What are our recourses , other than to mail Senator/congressman?

qesehmk
08-11-2014, 03:26 PM
yes, my priority date is aug 15, 2008 . What are our recourses , other than to mail Senator/congressman?

I never had to do any of those but if I were forced to ... I would do them in this order. Last one is adviseable only if your case has known issues or is inordinately delayed.
1. Call USCIS - Escalate if necessary.
2. Ask Congressman's help
3. Take Infopass and go and see USCIS folks

krookbond
08-11-2014, 03:30 PM
You don't need to say sorry. If your date is Aug152008 EB2I then indeed this is extremely frustrating.

Generally speaking if people prior to Nov 2008 in EB2I are not yet approved then they should make noise and be heard. If there are issues with your case then USCIS needs to tell you what the problem is.

My PD is June 2008 and I still haven't received any RFE. I already got SR reply 20 days back mentioning my case has been requested for review. Sent letter and other documents to Representative last Friday. Since my wife received her RFE in June, I am quite sure my case is pending security checks (even though it was filed in Feb 2012). Does anyone has any suggestions on how to get out of security check cycle? Can I ask USCIS to give me another biometrics appointment if older one is stuck?

qesehmk
08-11-2014, 03:55 PM
My PD is June 2008 and I still haven't received any RFE. I already got SR reply 20 days back mentioning my case has been requested for review. Sent letter and other documents to Representative last Friday. Since my wife received her RFE in June, I am quite sure my case is pending security checks (even though it was filed in Feb 2012). Does anyone has any suggestions on how to get out of security check cycle? Can I ask USCIS to give me another biometrics appointment if older one is stuck?

That sounds messed up. Another biometric appointment is not going to help. You need to ask USCIS what is holding it up. If they can't give you a straight answer then take an infopass. Going to congressman will not hurt but i doubt that will help.

krookbond
08-11-2014, 04:02 PM
If file is stuck at FBi for clearance, won't a new case id (with new biometrics) will help? USCIS can get results back sooner. Problem with USCIS is they don't tell you what is wrong. As I mentioned, reply to SR was your file is requested for review. Now if my wife got the RFE back in June, there is no way my file was not reviewed at the same time. I am primary applicant.

qesehmk
08-11-2014, 04:22 PM
If file is stuck at FBi for clearance, won't a new case id (with new biometrics) will help? USCIS can get results back sooner. Problem with USCIS is they don't tell you what is wrong. As I mentioned, reply to SR was your file is requested for review. Now if my wife got the RFE back in June, there is no way my file was not reviewed at the same time. I am primary applicant.
If something is stuck in FBI check - I would be extremely surprised if a new biometrics will clear it. Perhaps if there are others who have gone through something like this can comment. But my sense is - infopass is in order here.

Spectator
08-12-2014, 07:16 AM
sportsfan,

Glad to hear things are moving quickly.

I have every confidence you should be approved before the window closes.

pdfeb09
08-12-2014, 08:35 AM
I am a July '09 PD TSC yet to receive an RFE.

Assuming, the dates go past July in this bulletin, I would like to open up an SR or Congressional Inquiry or InfoPass. From the feedback on the forum, it looks like InfoPass is not recommended. What's the best option and how do we go about it?

Is this where we file the SR --- https://egov.uscis.gov/e-request/
Should I select (case out of normal processing times)

Please suggest

Thanks,
M

Sportsfan33 was in the same boat some time ago. You may want to send him a PM and get some info about what steps he took ..

Medical RFE is pretty much mandatory if your case is to be considered ... since you are July 09 .. you fall within the range of pds getting the RFEs .. although we don't know if the 2009ers will be current in Sept .. and even if they are, how far into 2009 will the dates go ..

daggubati
08-12-2014, 08:57 AM
Sportsfan33 was in the same boat some time ago. You may want to send him a PM and get some info about what steps he took ..

Medical RFE is pretty much mandatory if your case is to be considered ... since you are July 09 .. you fall within the range of pds getting the RFEs .. although we don't know if the 2009ers will be current in Sept .. and even if they are, how far into 2009 will the dates go ..

Thanks you. I sent the PM.

M

helpful_leo
08-12-2014, 09:15 AM
Just had our InfoPass. (PD Dec 2008, RD Jan 2012, RFER July 7, 2014)

The officer told us our case was assigned to an officer on July 30 (?in anticipation of being current on Aug 1).

When I asked if our background checks were complete, she said yes, but FP is valid for only 15 months and may have to be repeated before approval. Then she said something that I didn't catch completely, something to the effect of "..or they may download it from...". Not sure what that means, if repeat FP are required before approval, although I haven't heard from other Jan 12 RDs who have been approved that they were asked to repeat fingerprinting.

She also mentioned that she didn't 'see any pre-processing steps on our case yet' which really doesn't surprise me as we are Dec 08 PD. I guess if they started any processing on our case - pre or otherwise - we'd be approved within a couple of days.

dorais
08-12-2014, 01:17 PM
I got current in September Bulletin. USCIS had received my RFE response on 07/14/2014, but the status did not change to RFERR (that other users refer to). How do I know if USCIS has received and processed my RFE? My 60 days from RFE response ends on 09/14/2014 and I could probably go senator/rep route after that. Would infopass work to get the status of RFE?

I had changed my address on 07/25 and that got updated. I tried to get to L2 to make sure they have the correct address and also ask if they had received my RFE, but the L1 refused to transfer me. Is there any other method to try to get to L2?



RFE email received - 06/10/2014 (Online Status: RFE)
RFE response received by USCIS - 07/14/2014 (Online Status: RFE)
Address change - 07/05/2014 (Online Status: Initial Review-Address Change)

vik123
08-12-2014, 01:27 PM
Hi Quesehmk/Soectator/other Gurus,

I need advice with I 693.

I already replied RFE with incorrect format of I 693. Unfortunately, my doctor filed wrong I 693 form (pag# 5 vaccination Record), He used check box instead of putting date in MMR and Varicella row and “Completed series” column. Please refer to attached images to view old and new form. Both new and old forms are same except page 5 (even form number 01/15/13 Y)

Now, I got the updated and corrected form doctor, What should I do now?

Option 1: Don’t take any action, I might get another RFE or Officer might approve that.
Option 2: Reply RFE again but it might confuse officer.

History:
PD: Jan26 2009
485 Submitted: March 2012
RFE Replied (Medical and EVL) 27 July 2014.
USCIS Status changed to RFE response Review on 1 Aug 2014


Thanks in advance.
Vik123
665666

hulimari
08-12-2014, 01:59 PM
Hi All,

I have Feb09 PD @ TSC and we moved when I was submitting the RFE response. I filled in the new address in the RFE response and my status on USCIS website reads as below. My question is - do I still file AR11? since I am current in SEPT, i am hesitant to do any updates on my case and also the fact that the uscis case update mentions my address was already updated based on my RFER (July 22). Thanks for your help

"On July 22, 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. "