The FY2014 RFE Thread

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06-30-2014, 09:41 AM
hulimari

Hi All,

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

Quote:

Originally Posted by hulimari

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

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

Thanks and much appreciate your help!
06-30-2014, 10:29 AM
zenmaster

venkat/viz and others,
Good Luck :) Hope to see you green in few days
06-30-2014, 10:56 AM
helpful_leo

Quote:

Originally Posted by vizcard

Amen brother!

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

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

Hopefully, the rest of us will have good news in the VB next week, and be where you are next month.
06-30-2014, 06:40 PM
reachkash

Hi,

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

1. How long does it take to get the physical RFE in mail?
2. What should I expect in the RFE packet?
3. Is it OK to get the medicals done without waiting for Physical RFE?
4. Do I need to take RFE letter/packet to the doctor for the medicals?
5. With initial filing the doctor used blood tests to find the immunity as we don't have any vaccination records. Do we need to get these tests done again?
6. Has anyone replied to medical RFE? Please let me know what are all the documents sent to USCIS.
06-30-2014, 07:04 PM
zenmaster

Friends,

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

My question is, is this line very important to mention in EVL ?
06-30-2014, 07:22 PM
vizcard

Quote:

Originally Posted by zenmaster

Friends,

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

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

Do you have Fragomen? They used the same language in my letter. Personally, I don't think its critical for it to be there. Its probably a moot point since your employer is not willing to do it.
06-30-2014, 07:27 PM
vizcard

Quote:

Originally Posted by reachkash

Hi,

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

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

1. should be more or less a week.
2. The RFE letter stating the specific requirements. The last page of the letter is a cover sheet with a bar code. You need to put that as the top sheet on your response.
3. Yes
4. You can but its not necessarily a requirement
5. Take a copy of your old 693. If the physician deems it necessary you will need to get it done. I had to get it done again.
6. you will get the report in a sealed envelop. You need to put that envelop along with the cover sheet in a USPS/ UPS mailer and send it. If there are other things you need to respond to besides medicals, put that in the mailer too.
06-30-2014, 08:02 PM
zenmaster

Quote:

Originally Posted by vizcard

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

No its not Fragomen. I filed 485 thru TulsaLaw
06-30-2014, 08:26 PM
vizcard

Quote:

Originally Posted by zenmaster

No its not Fragomen. I filed 485 thru TulsaLaw

Its funny that they used the exact same verbiage as Fragomen.
06-30-2014, 08:41 PM
zenmaster

Quote:

Originally Posted by vizcard

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

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

I also tried to do some more research on this topic, and see that in 2008/09, the RFEs that went out had this requirement.
Check this out.

Probably, lawyers still reply on similar lines ?
07-01-2014, 11:25 AM
venkat

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

I've a feeling TSC will start slow but then explode with lot of approvals :)
07-01-2014, 01:27 PM
reachkash

Quote:

Originally Posted by vizcard

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

Thank you viz
07-01-2014, 01:40 PM
vizcard

Quote:

Originally Posted by venkat

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

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

i agree. I've seen a lot of emails/texts go out in the evenings. So who knows ?!:cool:
07-01-2014, 02:41 PM
eb2visa

Viz,

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

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

Any comments are really appreciated.
07-01-2014, 03:51 PM
vizcard

Quote:

Originally Posted by eb2visa

Viz,

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

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

Any comments are really appreciated.

no idea. i saw that on trackitt too. Based on the USCIS manual, its for "unusual" cases. I didn't read the manual in detail though.
07-02-2014, 08:43 AM
vyruss

Quote:

Originally Posted by sportsfan33

Guys,

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

Please post any update if such folks are receiving GCs.

Trackitt is rife with similar posts. Looks like TSC is being slow on both issuing RFEs and the GCs. But this is just my view just skimming through other posts on Trackitt. So that may be the reason for delay in your case.
07-02-2014, 09:43 AM
mechanical13

Quote:

Originally Posted by vyruss

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

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

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

Q, Kanmani, Viz and other Gurus - Please correct me if my understanding is wrong.
07-02-2014, 09:54 AM
Spectator

Quote:

Originally Posted by mechanical13

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

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

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

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

A case originally submitted to NSC should remain there, barring an interview or a transfer for load balancing reasons.
07-02-2014, 10:07 AM
mechanical13

Quote:

Originally Posted by Spectator

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

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

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

Good luck with the date movement!
07-02-2014, 10:11 AM
qesehmk

Quote:

Originally Posted by Spectator

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

That is my understanding too. Load balancing in particular could change depending on TSC or NSC's load. Is TSC relatively less loaded compared to NSC today? May be.
07-02-2014, 10:32 AM
mechanical13

Quote:

Originally Posted by qesehmk

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

Thanks Q,I appreciate your input.
07-02-2014, 10:33 AM
gc2008

Hello Spec, Q , Kanmani and other Gurus,

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

Best Regards
07-02-2014, 11:03 AM
helpful_leo

Quote:

Originally Posted by sportsfan33

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

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

I would appreciate any insight. Thanks!

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

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

I was following the trackitt approval threads and did not see anyone approved with a >1 year old medical.
07-02-2014, 11:08 AM
Kanmani

Quote:

Originally Posted by gc2008

Hello Spec, Q , Kanmani and other Gurus,

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

Best Regards

gc2008,

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

I may be wrong, lets see if anyone has similar experience. Best Wishes.
07-02-2014, 11:29 AM
qesehmk

Quote:

Originally Posted by gc2008

Hello Spec, Q , Kanmani and other Gurus,

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

Best Regards

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

I am sorry for your RFE because I think your entire AC21 filing was unnecessary. That is ought to trigger an RFE.
07-02-2014, 12:40 PM
ksur23

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

thank you for the responses.
07-02-2014, 12:47 PM
vizcard

Up to 7 approvals on Trackitt
- Only 1 with PD post-6/15 and that does not indicate an RFE - says USCIS received date of Fall 2012 but that seems wrong.
- all but one filed in Fall 2013 (see above)
-all NSC
07-02-2014, 02:23 PM
venkat

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

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

Quote:

Originally Posted by vizcard

Up to 7 approvals on Trackitt
- Only 1 with PD post-6/15 and that does not indicate an RFE - says USCIS received date of Fall 2012 but that seems wrong.
- all but one filed in Fall 2013 (see above)
-all NSC
07-02-2014, 04:35 PM
eb2visa

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

Quote:

Originally Posted by ksur23

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

thank you for the responses.
07-02-2014, 05:17 PM
ksur23

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

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

Quote:

Originally Posted by eb2visa

What is the message? Is it just status change? What is the current message under status.
07-02-2014, 07:09 PM
aug152008

Quote:

Originally Posted by ksur23

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

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

-I have the same message and my lawyer said its ok
07-02-2014, 07:29 PM
Spectator

The current standings for EB2-I.

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

It is kept update in this thread.
07-02-2014, 08:17 PM
ksur23

Quote:

Originally Posted by aug152008

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

I see there are a few others in other forum who got such a status change. In my case though my status is response review but spouse status changed to initial review. Perhaps I am overthinking and these are just uscis processing quirks. Thanks for the response.
07-03-2014, 07:56 AM
eb2mar2008

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

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

Does this mean my case is not even touched till now??
07-03-2014, 11:55 AM
self.coach

Team,

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

Regards,
Self.Coach
07-03-2014, 08:36 PM
vizcard

Happy 4th of July people. See you on the other side with hopefully a LOT more approvals.
07-05-2014, 08:33 PM
Kanmani

Guys,

Update : RFE - requesting initial evidence sent to us on 5th July 2014.
07-05-2014, 09:32 PM
eb2visa

Are they working on a weekend too!!! Interesting...
07-07-2014, 06:59 AM
pspa80

Changing Jobs after filing RFE response

Hello Guys,

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

I greatly appreciate your inputs. Thanks a lot.
07-07-2014, 09:30 AM
GCHopes

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

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