The FY2014 RFE Thread

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

Initial Review

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

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

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Originally Posted by RMS_V13

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

Initial Review

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

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

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

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

Your Case Status: Initial Review

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

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Originally Posted by sportsfan33

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

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What is the ominous warning referred to in this post?

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

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

First TSC approval is on Trackitt - username risingstar.

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Originally Posted by PD2008AUG25

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

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

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

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I would also like to believe his theory but something doesn't add up. as you said "RFEs issued to people outside of potential movement"..and it is not like just 1 or 2 random late 2009 PD people like me got RFE. Its big number. See number collected on Trackitt: And not all are included in this data. and the RFE stops exactly at end of October, 2009 pd. Someone has told them to issue RFEs upto OCT. 2009 pd. even after CO's warning, couple of people with late 09 pd are receiving RFEs.

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

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

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

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Originally Posted by vizcard

First TSC approval is on Trackitt - username risingstar.

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Originally Posted by vizcard

First TSC approval is on Trackitt - username risingstar.

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

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Originally Posted by sportsfan33

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

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

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Originally Posted by sportsfan33

It might turn into a fiasco or the USCIS might just extend the validity (which is far more plausible) and award green cards next fiscal without requiring another renewal.

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I think that is probably unlikely. CDC set the policy and USCIS cannot unilaterally ignore that.

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

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

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

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

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

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

My status is still RFER.

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Originally Posted by helpful_leo

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

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

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

My status is still RFER.

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What does the message say?

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

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

Thanks Viz

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

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Originally Posted by Spectator

What does the message say?

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

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

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Yes, you are correct!

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

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

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

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Originally Posted by helpful_leo

Yes, you are correct!

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

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

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

"Your Case Status: Card/ Document Production


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


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

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

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Originally Posted by vizcard

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

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

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?

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Originally Posted by Kanmani

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

This spillover season should be exempted from SR timelines.

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

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

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Originally Posted by RMS_V13

Helpful_leo,

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


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

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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.

I got an Initial Review- Address change status notification email. You browse the internet and you will see good and bad on this status.

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Originally Posted by helpful_leo

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.

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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.

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Originally Posted by AC_1980

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.

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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)

Soggadufan,

Congratulations!

We got your earlier messages and moved your post to celebrations thread here ....http://www.qesehmk.org/forums/showth...7631#post47631

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

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

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Originally Posted by AC_1980

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

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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."

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Originally Posted by Kanmani

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)

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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.

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Originally Posted by pdfeb09

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.

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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.

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Originally Posted by AC_1980

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

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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.

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Originally Posted by Kanmani

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.

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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 !

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Originally Posted by Kanmani

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.

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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.

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Originally Posted by helpful_leo

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.

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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. 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.

you can print your i94 from the following link:

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

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Originally Posted by helpful_leo

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.

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Originally Posted by helpful_leo

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.

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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.

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Originally Posted by pdfeb09

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. 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.

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

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Originally Posted by Kanmani

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.

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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?

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Originally Posted by helpful_leo

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?

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Attachment 627

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

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Originally Posted by Kanmani

Attachment 627

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

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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.