The FY2014 RFE Thread

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Originally Posted by vyruss

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).

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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.

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Originally Posted by Kanmani

Thanks Bieber,
I have no immediate necessity at present , just for information sake. Still no border crossing for favorite congressman within the state right?

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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

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Originally Posted by RMS_V13

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.

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

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Originally Posted by helpful_leo

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/immigrantrefugeeh...b-ti-civil.pdf

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

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Originally Posted by Spectator

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.
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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.

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Originally Posted by bieber

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

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Thanks 'B'.

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?

^Mine got updated the day after TSC received the docs.

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Originally Posted by reachkash

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?

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24-48 hours (business days)

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

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Originally Posted by helpful_leo

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

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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.

NSC usually updated within 1 day of receiving. They usually run a batch update around 10PM.

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Originally Posted by reachkash

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?

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Originally Posted by vizcard

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.

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Thanks viz. Yes, that makes sense.

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

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Originally Posted by imdeng

NSC usually updated within 1 day of receiving. They usually run a batch update around 10PM.

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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.

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?,

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Originally Posted by sportsfan33

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.

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Originally Posted by reachkash

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.

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

Early responders to RFE should have completed 60 days wait already (based on response receipt date), any of them created case/enquiry with TSC?

NSC has started approving people who got current in Aug.

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Originally Posted by vizcard

NSC has started approving people who got current in Aug.

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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?

Things are getting little better at TSC. 14 approvals in 4 days at TSC vs 11 at NSC. Let's hope it keeps accelerating.

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!

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Originally Posted by ramaka02

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!

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

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

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Originally Posted by PD2008AUG25

Things are getting little better at TSC. 14 approvals in 4 days at TSC vs 11 at NSC. Let's hope it keeps accelerating.

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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.

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Originally Posted by sreddy

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.

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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.

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.

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Originally Posted by venkat

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.

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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.

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Originally Posted by venkat

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.

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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.

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?

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Originally Posted by docgana

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

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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?

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Originally Posted by docgana

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.

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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.

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Originally Posted by helpful_leo

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?

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

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

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.

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Originally Posted by sportsfan33

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.

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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.

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Originally Posted by sportsfan33

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.

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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.

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Originally Posted by sportsfan33

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.

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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?

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.

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Originally Posted by sportsfan33

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?

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Got it. Thx for the quick reply.

All the best with your medicals and RFE Response.

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Originally Posted by sportsfan33

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.

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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.

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Originally Posted by sportsfan33

- 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.

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