Can the applicants interfile on their own or does it need to go through the employer ?
You will do it yourself. Company or attorneys are not involved. This a DIY guide similar to our EAD/AP renewal DIY Guide.
As NSC is sending RFEs proactively you may not need to do it. It all depends on your PD and where NSC is with processing. I have not followed recent tracking spreadsheets. So you have to make a decision yourself.
I thought long and hard about the risks and the above are the ones that I could come up with. If others have more concerens about interfile please share.
Zen: Somewhat crazy week at work. Later in the week, I will have more time to read and reply.
Amazing post idliman
As usual your post are best and thankyou for helping us out.
I have question for you.
What would you recommend for MSC- NBC
I have been current since May 1st
No medical RFE yet
Should I go ahead and interfile medicals?
My I 140 is approved 10 years ago and also send I 485j
With same emp
Hello,
My PD is May 2011, and I was not able to submit medicals in Oct 2020. I am planning to get the required vaccinations and get their documentations. My aim is to be ready with all the documents so I get reply quickly to the RFE if and when USCIS sends it. I am following this website for the required vaccinations https://www.uscis.gov/tools/designat...n-requirements
Are there any other tests (other than those mentioned by USCIS) required for medicals?
TIA
If you go to a USCIS approved Civil Surgeon they will peform the tests based on latest requirements. Call different providers and shop around. Also ask them about what happens if the medical is lost or needs to be resubmitted. How much are they going to ask to redo the report.
USCIS - Find a Doctor
Please be mindful of the Flu Vaccine. In the non-flu season, they don't give you flu shot and instead mention the "non-flu season" on the form. But if your RFE comes during the flu season, then you are required to take the flu shot and mention it correctly on the form. You don't want to accidentally send the form with incorrect information depending on the timing of the RFE.
Quick question:
I'm planning to interfile and did my medicals yesterday. Should I include primary & secondary civil surgeon sealed envelopes with a cover letter in single package (or) separately?
Thank you!
Hi,
I'm in the same dilemma as well. Has anyone had success with interfiling I-693 after AOS? My attorney refused, so I am planning to file on my own.
Hi Guys,
I sent our medicals without RFE on 05/27 and I have chosen package delivery date as 06/01/2021. Here is the cover letter I used to send medicals. As expected there is no acknowledgement so far after package was delivered. I was hoping either GC approval or medical RFE will be triggered by sending medicals, but nothing happened as of now. I raised SR for I-131 out of the processing times and reached congresswoman in the meantime with the hope that something or the other will help. I'll update If there is any progress on my case.
Address and contact details
Date
USCIS, Attention: Adjustment of Status
850 NW Chipman Rd
Lee?s Summit, MO 64063
Sub: Request to Interfile I-693 Medical Report to Pending Form I-485 (Adjustment of Status)
Case#: MSCXXX
A#: XXX
DOB: XXX
Dear USCIS officer,
This is to bring to your notice that I, xxxx, A# xxxx have applied for Adjustment of Status (I-485) with Receipt Number xxxx. My I-485 Receipt date is xxxx at National Benefit Center and our Priority Date is xxxx ? EB2 India.
We herein submit Form I-693 sealed envelope (medicals) from civil surgeon to interfile with our pending Form I-485 Adjustment of Status Applications. Since our priority date (xxxx ? EB2 India) is current as per June 2021 visa bulletin and visa numbers are available, we kindly request the service to accept our I-693 and update our applications so visa can be allocated.
The attached supporting documents are current and provided for your reference to update / interfile I-693 records with my pending 485 application:
The following are attached in this package:
1. Copy of I-797C, Notice of Action, Receipt of filing I-485
2. Sealed I-693 Medical Report signed by the Civil Surgeon
3. Copy of driver's license
Thank you for your assistance in this matter. Please do not hesitate to contact me should any questions arise.
Sincerely,
xxxx
I interfiled my medicals today. If it doesn't work out, I'll think I paid lawyers little extra :)
How do you get a confirmation that your file is updated with i-693 once you interfile it?
My lawyers interfiled my medicals a week back, so it has not been too long. But just wanted to stay on top of that.
Posting an update on medicals;
1)So we went to the civil surgeon.They charged each one of us an administrative fee of USD 75.They billed rest of the tests to our insurance provider.
2)They checked our medical records.They did not accept a doctor's note from India.Spouse had to get her vaccinations (MMR 2nd dose, varicella, Hep B titer) at her US university as a prereq. The civil surgeon accepted spouses medical records.Apparently the people at USCIS who check this are not very well versed in vaccination schedules.So its best if we don't confuse them further.
3)They need records for TDap within the last 10 years.Both of us had that.
4)They did a blood test for TB, Syphilis for both of us.They ordered a blood test to test for MMR & Varicella antibodies for me (as I just had a doctors note from India to prove my vaccination schedule).
5) TB, Syphilis tests were negative.They mentioned that if the TB test was positive we will need a chest Xray.So they preemptively ordered a chest Xray incase we need to use it.This was to avoid delays and further visits.
6)They found antibodies for MMR.Had to get a varicella shot
7)If we decide to send the medical form during a flu season, they will give us a flu shot.
8)The civil surgeon agreed to sign the form at a later date when we get the RFE.I am thinking of interfiling medicals in a week or so.
My company will be applying for premium processing of I-140 amendment (company name change) this week.Should I wait till -I140 is approved to interfile send medicals or can I get an RFE for 485 while my I-140 is pending?
may2011,
Thanks for the suggestion. I called USCIS and the agent told me that they don't see anything related to medicals in my file. Maybe it may take some time, I will call and check after a couple of weeks again.
Other members,
Please respond back if you have any other suggestion for my original question.
Thanks!
May2011 - interested to see responses for your query i.e. wait to interfile till I-140 is approved.
For the folks who are current for FA in the July bulletin , is now a good time to interfile and send the medicals or do you suggest to wait until beginning of July.
I guess before deciding where to send medicals, first we should check if application is at Service Center or FO? Interesting thread on Trackitt -
https://www.trackitt.com/usa-discuss...page/last_page
As I mentioned in my above post, my lawyer interfiled my medicals. They sent it to Chicago Lock Box and based on FedEx receipt, the Lock Box received it on 06/09. However I was informed by a live agent yesterday that they have mailed an RFE on 06/25. Yesterday, my 485J got approved and I have not received the RFE yet. Assuming that it is for medicals (I can't think about anything else - please share if anyone else has an idea about other possibilities), what are my options?
While chatting with Emma today, the agent suggested that sending medicals without RFE may delay the case processing. He was kind enough to provide the following explanation when asked:
"..they could be lost after arriving and not applied to your case. If that happens, we would also have a hard time finding it because an RFE was not issued. That's just one scenario that I have seen.."
My interpretation: It seems that when you send an unasked document, some noting is done on your case. By seeing this noting, the case officer may not issue RFE assuming you may have already sent the document. But there may be a time gap between noting the unasked document and actual scanning or attaching the document to your case file and the document may get lost or delayed in the meantime.
It seems a plausible scenario, and we may need to consider this. But of course, everyone needs to weigh pro-cons and make up one's mind about this.
EMMA agents are sitting in tier-3 support desk with very limited visibility into case-file with a just a little more than what you can see on USCIS case status portal. Their answers are vague at best and do not provide much insight . Their understanding of internals of USCIS processing also is quite limited. It highly depends how motivated the agent was during the early orientation/training sessions. They can get by their daily work without having to use much of those things. So the way it works (at least at NSC) based on my own research is that when you send a mail, it gets sent to a shipping and receiving center building for USCIS. I heard it is not co-located with the NSC. They have 3rd party contractors in charge of mail sorting. They typically scan the mail and deliver it to I-485 case officers'/adjudicators' mail list. Depending on how motivated case officers feel that day one may see your I-693 attachment and upload it correctly to your I-485 case ticket created for you. There is no physical paper pushing involved. It's practically impossible to lug around 800 pages per I-485 case filing with tens of thousands of those. In my opinion interfiling may or may not help you case but it won't hurt your case certainly.
There have been some recent success stories of interfiling and direct approval of GC recently. Come on people, you have been waiting for 10+ years. Some have been waiting for 15+ or 20+ years. Take a chance. Spend that 2x$400. I would gladly have done it even if there is a 5% chance of this getting through. I had spent enough time thinking about it before I recommend it to my friends here. Don't worry. It is certainly not going to hurt you.
I sincerely wish all you people who did interfiling will share your success here after your GC is approved.
I agree idliman. It's worth giving shot.
I have a situation and I was hoping that I can file I-485J + medicals, but company attorney disagrees.
My situation:
Worked for employer A in the past on H1B. Employer A initiated the green card process in 2013 and filed PERM and then I-140 under EB2 category. Priority date was not current.
Left employer A and joined employer B a couple of years ago (in 2019). Employer B also initiated green card. PERM (EB3) is approved but didn't start I-40 yet.
Priority date became current as per Filing Date chart in last October 2020. So, used I-485 supp J provided by previous employer A and filed Adjustment of status application. It has been 9 months since. Just received EAD and AP. I am still on H1B with employer B. Planning to switch to EAD. My current employer is ready to support I-485J, provided attorney agrees. But attorney disagree that it comes under AC-21 provision. She says because I was not with employer A when filing AOS, there is nothing to port. She is suggesting to file I-140 and I-485 again. I will have to bear all the cost. At this time, I am thinking of finding a new job with previous employer A on EAD.
Any advice?
You can file for GC with employer A while working for employer B. But this comes with the understanding that as soon as you get your GC, you will leave employer B and start working for employer A for a period of 6 to 12 months. This is a little risky because if there is any RFE that requires documentation from employer A, then they need to support you. However, you are not working for them. So it all depends on the relationship and trust between you two (employer A and you).
There is a clock associated with I-140. The employer must file I-140 within 6 months of PERM approval date. To keep you safe, you should ask employer B to file I-140. The employer should pay for that (I-140). Make sure that they recapture the old PD for the new PERM. But don?t file I-485 yet. Just ask them to file I-140. Later on you can do interfiling method to change underlying basis (but don?t tell that to attorney). You can say that you don?t have money to file I-485 now or some other reason.
Switching to EAD. Read our EAD thread for pros and cons.
Ask your attorney for legal reason for not filing I-485 Supp J. GC is for a future job promised through genuine job offer. So employer B is offering you a future job with "same or similar classification". Ask them if there is any reference to this situation in USCIS memo's or in USCIS service manual. This is the first time I am hearing about this. Try to understand what concern your attorney has. Or you can spend $250 and get separate opinion from other attorneys. Maybe the attorney is after your filing fee for I-485. Any attorney recommending a second I-485 is a red flag in my book. Why can't they do the "change of underlying basis" or interfile.
Just do your research and tread carefully. Pay money and ask opinion from other attorneys.
Thanks Idliman. I will push for I-140 filing with current employer B. I was bit relaxed after getting my EAD last week.
Regarding the attorney not filing I-485J with my current employer(B), is that she doesn't think it will work. If I push, she can submit interfile request. But in her opinion, as I was not with employer A when AOS was filed, so AC-21 can't be used. She is also not sure of porting of priority date (with new I-140), because that was technically already "used" when I filed AOS in Oct. She said that USCIS may/ may not allow porting of priority date. I really don't think, one's priority date is gone if he/she has filed AOS.
As my old employer is just a staffing firm, finding another job and joining them should not be too difficult. I do have good professional terms with them and that's why I was able to file AOS using their I-485J.
So plan of action is file I-140 soon and also find some job and try to join previous employer (A) on EAD.
@Idliman: Might be a noob or silly questions.
I am currently in India
1. Can I take vaccinations necessary for 693 here and carry the records with me to the US for filing medicals?
2. Will US civil surgeon accept records of vaccination from India?
Thanks in advance