The FY2014 RFE Thread

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08-13-2014, 10:18 AM
qesehmk

Quote:

Originally Posted by zee112008eb2I

Q and others, I'm new to this thread. But have been in trackitt for a while.

PD: Nov 2008;
RD: Mar 2012 (thanks to employer/lawyer delay tactics)
FP: April 30 2012
RFE: June 23, 2014
RFE Reply Received by TSC: 14-Jul-2014
Status: RFE (stays RFE even 4 weeks after response)
Officer ID on RFE: XM0136

I was patiently waiting since my PD is late 2008 and seeing earlier PDs still not getting any response.
But, this month, I see a lot of late 2008 and even Jan 2009 PDs being approved by NSC.
So I called USCIS Customer Service to check why my status has not changed to RFE Response Review.
But the representative couldn't give an answer to whether the response has been tied to my file.
But he voluntarily created an SR (on August 4). No update so far. I was not calling to create the SR as that will give them additional time to
delay the action and just send a standard response.

Looking at the trackitt forums and spreadsheet, this officer seems one of the slowest. Hardly any approval from him.
Is it the same officer who does the adjudication? Should I go ahead with Congressman inquiry to trigger some activity?

zee - perhaps wait till end of this month. I think you are still within the processing timeframe. USCIS is notorious for not quite following FIFO. You will have entire Sep as well as Oct to go to senator and what not.

Welcome to forum by the way!
08-13-2014, 10:53 AM
iatiam

Quote:

Originally Posted by sportsfan33

Thanks kanmani.

It's indeed quite a unique situation, but I think I will send it the way I have right now. The USCIS guys need to figure it out on their own.

EVL + 2013 W2s (there are 2 - one from the petitioning employer and one from current employer) + current paystub that also has 2014 YTD earnings should be more than enough.

Off my response goes in the next couple of hours and I join another line for anxiety ridden people looking for that one final email.

Sports,

It happens all the time and rest assured, USCIS is well aware of the letterhead issues. A friend of mine had a similar issue. We worked for the same company and they won't give any thing on a letter head (a Fortune 10 company). He managed to get reference letters from his colleagues on plain paper as a reply to the RFE. He was greened a few weeks ago.

Iatiam
08-13-2014, 11:25 AM
GreenDream

Hi

I am a newbie here. I have been following this great forum for a long time and it is quite the best.

I wanted to ask for your help here. My PD is Dec 2008, filed in 2012. Then I have responded to the RFE which was received by TSC on June 20th, 2014. Next week will be 60 days to that and I have not yet heard anything from the CIS about the decision. I tried to talk to L2 but L1 did not transfer my call and firmly told me to wait till August 20 and not disturn the delicate geniuses at work in TSC.

I also spoke to my lawyer but they do nothing but hide behind these timelines while I am here on pins and needles. Anyways, I wanted to find out how to get connected to L2 officer for more details on the case. When I spoke to L1, I was at a loss and just said I want to know the latest update on the case. L1 just read the status online.

Thanks in advance for your help.
08-13-2014, 11:42 AM
GreenDream

Quote:

Originally Posted by sportsfan33

If you have sent your RFE reply, relax. Your approval will come by next week.

Yes Sportsfan, the RFE response was sent and status turned to RFERR on June 20th. I hope you are right.

I also wish you the best too. I see you are sending your RFE response today. It is very shocking to see that they took so long to just send the RFE in your case. Thankfully there should be enough time for approval.
08-13-2014, 11:51 AM
JJcalifornian

Quote:

Originally Posted by zee112008eb2I

Q and others, I'm new to this thread. But have been in trackitt for a while.

PD: Nov 2008;
RD: Mar 2012 (thanks to employer/lawyer delay tactics)
FP: April 30 2012
RFE: June 23, 2014
RFE Reply Received by TSC: 14-Jul-2014
Status: RFE (stays RFE even 4 weeks after response)
Officer ID on RFE: XM0136

I was patiently waiting since my PD is late 2008 and seeing earlier PDs still not getting any response.
But, this month, I see a lot of late 2008 and even Jan 2009 PDs being approved by NSC.
So I called USCIS Customer Service to check why my status has not changed to RFE Response Review.
But the representative couldn't give an answer to whether the response has been tied to my file.
But he voluntarily created an SR (on August 4). No update so far. I was not calling to create the SR as that will give them additional time to
delay the action and just send a standard response.

Looking at the trackitt forums and spreadsheet, this officer seems one of the slowest. Hardly any approval from him.
Is it the same officer who does the adjudication? Should I go ahead with Congressman inquiry to trigger some activity?

zee112008eb2I,

Mine is also similar to you, PD Jan 2009, RD FEB 2012, RFE response delivered on 14th July 2014, it's with XM280@TSC status is still at RFE.
08-13-2014, 12:01 PM
ramaka02

If nothing changes between now and on 60th day, call USCIS on 61st day and demand to be connected to L2. They have to and will. I hope you get yours soon.

Quote:

Originally Posted by GreenDream

Hi

I am a newbie here. I have been following this great forum for a long time and it is quite the best.

I wanted to ask for your help here. My PD is Dec 2008, filed in 2012. Then I have responded to the RFE which was received by TSC on June 20th, 2014. Next week will be 60 days to that and I have not yet heard anything from the CIS about the decision. I tried to talk to L2 but L1 did not transfer my call and firmly told me to wait till August 20 and not disturn the delicate geniuses at work in TSC.

I also spoke to my lawyer but they do nothing but hide behind these timelines while I am here on pins and needles. Anyways, I wanted to find out how to get connected to L2 officer for more details on the case. When I spoke to L1, I was at a loss and just said I want to know the latest update on the case. L1 just read the status online.

Thanks in advance for your help.
08-13-2014, 12:06 PM
ramaka02

Zee, if you remember from Trackitt XM154 also had one approval per day till last couple of days. Hang on and you should get yours soon :)!

Quote:

Originally Posted by zee112008eb2I

Q and others, I'm new to this thread. But have been in trackitt for a while.

PD: Nov 2008;
RD: Mar 2012 (thanks to employer/lawyer delay tactics)
FP: April 30 2012
RFE: June 23, 2014
RFE Reply Received by TSC: 14-Jul-2014
Status: RFE (stays RFE even 4 weeks after response)
Officer ID on RFE: XM0136

I was patiently waiting since my PD is late 2008 and seeing earlier PDs still not getting any response.
But, this month, I see a lot of late 2008 and even Jan 2009 PDs being approved by NSC.
So I called USCIS Customer Service to check why my status has not changed to RFE Response Review.
But the representative couldn't give an answer to whether the response has been tied to my file.
But he voluntarily created an SR (on August 4). No update so far. I was not calling to create the SR as that will give them additional time to
delay the action and just send a standard response.

Looking at the trackitt forums and spreadsheet, this officer seems one of the slowest. Hardly any approval from him.
Is it the same officer who does the adjudication? Should I go ahead with Congressman inquiry to trigger some activity?
08-13-2014, 12:46 PM
bieber

Quote:

Originally Posted by sportsfan33

Thanks for the suggestion guys.

The company has a simply logo and the letter has that. But it's on a plain paper.

The parent company is well known (like "Microsoft" well known...not Microsoft of course). Out pf privacy concerns, I don't want to disclose the name. We are a subsidiary and we don't carry any letterhead!

What determines if the letter is original? Is the actual signature by the HR head enough to make this determination?

I will definitely send my W2 along with my current paystub. Will that be enough? Question for kanmani: The W2 has an employer identification number. Do I need to give them another number accepted by the department of labor?

Mine was same, The letter was printed on regular quality printer paper. Just the logo on top.
08-13-2014, 12:49 PM
bieber

Quote:

Originally Posted by sportsfan33

Thanks for the info. I have the EVL on a plain paper with the company logo and HR's signature, it just isn't on some kind of letterhead. I was told this was unnecessary in the 21st century but then again, don't tell that to the USCIS.

Just to clarify: if you have the EVL, then any kind of reference letters are unnecessary, is that right?

If you have company name, and the person name who is signing with contact information, they have enough information if in case they think it's not original.
08-13-2014, 01:04 PM
iatiam

Quote:

Originally Posted by sportsfan33

Thanks for the info. I have the EVL on a plain paper with the company logo and HR's signature, it just isn't on some kind of letterhead. I was told this was unnecessary in the 21st century but then again, don't tell that to the USCIS.

Just to clarify: if you have the EVL, then any kind of reference letters are unnecessary, is that right?

Short Answer: I don't think reference letter is required.

Long Answer: To the best of my knowledge, reference letters were also provided along with EVL. Its was not a requirement, but the attorney did it to bolster the case. The company we worked for, as you might have imagined is pretty big in size. So we have to get a generic EVL saying that so and so person worked for so and so dates. So to make sure the job responsibilites are included, the attorney included references.

Your case might be different. You can fit all those in one single EVL and that will do the job. Less work for USCIS as well.

Hope that helps

Iatiam
08-13-2014, 01:09 PM
Seeking_GC_Since_Jun_2008

Hello All,

My PD is 30th June 2008 (TSC) and the status says RFE RR since June 30th 2014.

Should I wait for 60 days to complete or is it advised to open a SR now itself? Is it normal for June 2008 cases to be still pending when I see July/August 2008 cases are getting approved?

Apologies if this is not the correct forum to post this question.

Cheers,
Seeking_GC_Since_Jun_2008
08-13-2014, 01:22 PM
venkat

FOR PEOPLE WHOSE STATUS DIDN'T CHANGE FROM RFE TO RFERR - very important

This is a true experience of my friend. His RFE response was sent 2 weeks ago and his online status never changed to RFERR, he became anxious and decided to followup with the attorney. To his dismay he found out that his attorney sent the RFE response to a Dallas Address instead of PO BOX address (Mesquite, TX) as mentioned in the RFE letter. What a shame!!!

His attorney told him that they used Dallas address because that is the address used for Fed-ex deliveries to the TSC. He said the one on the RFE (Mesquite, TX) is for regular mail delivery.

Now my friend is not sure what to do, whether to resend everything (EVL+Medicals) to the PO Box address or hope somehow the RFE response reaches his pending 485 file.
08-13-2014, 01:47 PM
helpful_leo

Quote:

Originally Posted by sportsfan33

If you have sent your RFE reply, relax. Your approval will come by next week.

I have wondered how effective the "within 60 days of RFER" limit is with USCIS to approve I-485s.

Have there been people post-60 days of RFER and not getting their GC? If so, what percentage of total are they?
08-13-2014, 03:23 PM
vik123

Thanks Kanmani.

I am little confuse because Fragomen suggests filing the correct 693 form in the sealed envelope as well, with a cover letter that explains and copies of the RFE again. Just in case, Fragomen is not lawyer for this case.

Any suggestion Quesehmk/Soectator/Other Guru

Thanks,
Vikas
08-13-2014, 03:24 PM
krookbond

Both addresses are correct. My attorney sends to Dallas address via FedEx always.
08-13-2014, 03:30 PM
dorais

JJcalifornian & zee112008eb2I,

My case is also handled by the same officer. Even I had sent the response on July 11th and it was received by USCIS on July 14th. My lawyer had sent to the Dallas address using FedEx. I had updated the address on 07/25 and it got reflected in the USCIS case status site. Did you guys send it to the Dallas address as well?

Quote:

Originally Posted by JJcalifornian

zee112008eb2I,

Mine is also similar to you, PD Jan 2009, RD FEB 2012, RFE response delivered on 14th July 2014, it's with XM280@TSC status is still at RFE.
08-13-2014, 03:35 PM
dorais

My RFE response was sent to the Dallas address as well using FedEx. The processing center is TSC and I have not had my status change from RFE to RFERR. The law firm I used is one of the leading law firms and I have high hopes that they did it right.

Quote:

Originally Posted by venkat

This is a true experience of my friend. His RFE response was sent 2 weeks ago and his online status never changed to RFERR, he became anxious and decided to followup with the attorney. To his dismay he found out that his attorney sent the RFE response to a Dallas Address instead of PO BOX address (Mesquite, TX) as mentioned in the RFE letter. What a shame!!!

His attorney told him that they used Dallas address because that is the address used for Fed-ex deliveries to the TSC. He said the one on the RFE (Mesquite, TX) is for regular mail delivery.

Now my friend is not sure what to do, whether to resend everything (EVL+Medicals) to the PO Box address or hope somehow the RFE response reaches his pending 485 file.
08-13-2014, 03:37 PM
JJcalifornian

Quote:

Originally Posted by dorais

JJcalifornian & zee112008eb2I,

My case is also handled by the same officer. Even I had sent the response on July 11th and it was received by USCIS on July 14th. My lawyer had sent to the Dallas address using FedEx. I had updated the address on 07/25 and it got reflected in the USCIS case status site. Did you guys send it to the Dallas address as well?

My attorney sent to Dallas address via FedEx
08-13-2014, 03:43 PM
dorais

Thanks. Our 60 day from RFE response would be on Sep 14th. Not sure if we can do anything before that to confirm that USCIS has tied the RFE response to the 485 case.

I am thinking of taking an infopass in the next couple of weeks. I hope taking an infopass would not hurt the case processing even if it cant help.

Quote:

Originally Posted by JJcalifornian

My attorney sent to Dallas address via FedEx
08-13-2014, 06:39 PM
qbloguser

My RFE response was sent by our lawyer on Thurday (7/31) and status changed to RFERR on Tuesday (8/5) - it is still RFERR. It is in TSC.

Quote:

Originally Posted by dorais

Thanks. Our 60 day from RFE response would be on Sep 14th. Not sure if we can do anything before that to confirm that USCIS has tied the RFE response to the 485 case.

I am thinking of taking an infopass in the next couple of weeks. I hope taking an infopass would not hurt the case processing even if it cant help.
08-13-2014, 06:55 PM
vjan09

Hi All
looks like the online status was not updated to RFE RR for all the FED EX packages delivered on 7/14.

PD:JAN 09
RFE Issue date: 06/20/2014
RFE physical coup:06/24/2014
RFE response received by USCIS :07/14/2014 (no status update to RFE RR since then)
Officer:XM1333

Inquiry by me : spoke to L2 staff and got a confirmation that USCIS received RFE response on 7/14, when i asked about the online status not being updated to RFERR the L2 staff said that its at the officers discretion to update the status (sounded like some officers dont do it)
08-13-2014, 08:20 PM
la_2002_ch

Quote:

Originally Posted by sportsfan33

Guys,

I have prepared all documents for my RFE response. However this one small thing is still making me nervous.

For whatever reason, our company does not have any "official company letterhead". The HR prepared my EVL exactly as per the instructions in the RFE but they printed it on just a plain paper. However, it has been signed in the original by the HR head.

Unfortunately, I don't have a choice here because we don't have an official company letterhead.

a) Is this going to be a problem?
b) Should I send a supporting letter signed by the facilities department saying we don't have an official letterhead? Good idea? Bad idea? Overkill?
c) Should I send my paystub (also shows cumulative Y2D earnings) in case? Good idea? Bad idea? Overkill?

I appreciate everyone who has helped me in this RFE phase until now. Thanks,

I work for one of the biggest Healthcare Technology company and my EVL was on a simple paper with the logo on the top and a couple of lines (no. of employees, office locations, etc.) about the company at the bottom alongwith the HR contact's designation and phone number. My attorney said this was fine and shouldnt be an issue.

I am hoping for a approval soon (been 3+ weeks since my status changed to RFERR).
08-13-2014, 08:28 PM
la_2002_ch

Quote:

Originally Posted by qesehmk

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.

Q, Kanmani, Sportfan, other Gurus,

My PD in Sep 2008 and applied in Jan 2012. We were issued RFE on Jun 5th and then USCIS messed up my RFE details letter 2-3 of times (long story), we finally responded to RFE on Jul 22nd and my status changed to RFERR on Jul 23rd. Its now been 3+ weeks, do you guys suggest I should get in the escalation mode and start talking to USCIS/Congressman/SR or should I wait patiently for some more time? My case is at NSC which is already approving 2009 cases.
08-14-2014, 10:09 AM
zee112008eb2I

Quote:

Originally Posted by venkat

This is a true experience of my friend. His RFE response was sent 2 weeks ago and his online status never changed to RFERR, he became anxious and decided to followup with the attorney. To his dismay he found out that his attorney sent the RFE response to a Dallas Address instead of PO BOX address (Mesquite, TX) as mentioned in the RFE letter. What a shame!!!

His attorney told him that they used Dallas address because that is the address used for Fed-ex deliveries to the TSC. He said the one on the RFE (Mesquite, TX) is for regular mail delivery.

Now my friend is not sure what to do, whether to resend everything (EVL+Medicals) to the PO Box address or hope somehow the RFE response reaches his pending 485 file.

My attorney did the same too. But it seems ok. I was worried about this too and my status also has not changed from RFE yet. I talked to Customer Service and they said it can be sent to both addresses. I'm still worried but they are not of much help.
08-14-2014, 10:36 AM
zee112008eb2I

Quote:

Originally Posted by dorais

JJcalifornian & zee112008eb2I,

My case is also handled by the same officer. Even I had sent the response on July 11th and it was received by USCIS on July 14th. My lawyer had sent to the Dallas address using FedEx. I had updated the address on 07/25 and it got reflected in the USCIS case status site. Did you guys send it to the Dallas address as well?

Yes. My attorney sent to Dallas address as well using FedEx Standard Overnight. It was delivered on 14-Jul-2014 at 9:05 AM and signed for by B.Thomas.
When my status did not change to RFERR even after 4 weeks, I called L1 and they told me the status is not always updated and that it can change directly to Decision and not necessarily RFERR. My lawyer told me we have signature confirmation so not to worry. L1 voluntarily created an SR for me saying my application is beyond processing time. Again, asked me to wait 30 days for a response to SR. So it doesn't change anything.
08-14-2014, 10:57 AM
dorais

zee112008eb2I & JJCalifornian - Thanks for your responses. It gives me some peace of mind.

Quote:

Originally Posted by zee112008eb2I

Yes. My attorney sent to Dallas address as well using FedEx Standard Overnight. It was delivered on 14-Jul-2014 at 9:05 AM and signed for by B.Thomas.
When my status did not change to RFERR even after 4 weeks, I called L1 and they told me the status is not always updated and that it can change directly to Decision and not necessarily RFERR. My lawyer told me we have signature confirmation so not to worry. L1 voluntarily created an SR for me saying my application is beyond processing time. Again, asked me to wait 30 days for a response to SR. So it doesn't change anything.
08-14-2014, 11:39 AM
zee112008eb2I

Quote:

Originally Posted by dorais

JJcalifornian & zee112008eb2I,

My case is also handled by the same officer. Even I had sent the response on July 11th and it was received by USCIS on July 14th. My lawyer had sent to the Dallas address using FedEx. I had updated the address on 07/25 and it got reflected in the USCIS case status site. Did you guys send it to the Dallas address as well?

My officer is XM0136. Same officer for you?
08-14-2014, 11:42 AM
JJcalifornian

Quote:

Originally Posted by zee112008eb2I

My officer is XM0136. Same officer for you?

mine is XM280, I think this is one is the slowest at TSC
08-14-2014, 12:16 PM
Zoroark

Xm0136

Quote:

Originally Posted by zee112008eb2I

My officer is XM0136. Same officer for you?

Zee, I received the RFE on June 12th and uscis got the reply on Aug 4th. The status changed to RFERR on the same day. If L2 say they received your reply then dont worry about online status.
08-14-2014, 12:31 PM
zee112008eb2I

Quote:

Originally Posted by Zoroark

Zee, I received the RFE on June 12th and uscis got the reply on Aug 4th. The status changed to RFERR on the same day. If L2 say they received your reply then dont worry about online status.

Did you send your RFE reply to P O Box Mesquite address or Dallas address for courier service?
08-14-2014, 12:58 PM
la_2002_ch

Quote:

Originally Posted by sportsfan33

My rule of thumb is this. We are the "august batch". When Sept rolls around and if we start seeing approvals from the Sept batch without us being approved, I would do whatever I can to get an approval.

Since the date has moved to May 1, and since we have responded to the RFE though, I think it is safe to say an approval will come unless a 0.01% chance of another RFE. All background checks have happened before the RFE so this is only a matter of someone approving it in the system. Just relax and enjoy your time.

Thanks.... I hope all of us in Aug batch get the good news in the remaining 17 days!! Very anxious time to pass. :)
08-14-2014, 01:16 PM
Zoroark

Quote:

Originally Posted by zee112008eb2I

Did you send your RFE reply to P O Box Mesquite address or Dallas address for courier service?

I don't know since my lawyer mailed the document.
08-14-2014, 01:54 PM
dorais

Mine is XM280 as well.

Quote:

Originally Posted by zee112008eb2I

My officer is XM0136. Same officer for you?

Quote:

Originally Posted by JJcalifornian

mine is XM280, I think this is one is the slowest at TSC
08-14-2014, 01:56 PM
helpful_leo

Quote:

Originally Posted by sportsfan33

The Sept bulletin has given me a lot of peace. All RFE respondents whose papers are in order should get greened. Clearly, they have that much spillover. It remains to be seen when TSC picks up our cases because they are still approving the July batch and not done yet.

I expect many of the Sept batch to get greened in October from the FY 2015 numbers.

Good to read this.
Esp. afetr reading the many folks on trackitt with Oct / Nov 08 PDs who are moaning they will miss the boat this year beacuse NSC is approving 09 PDs while TSC has not crossed Aug 08!
08-14-2014, 01:57 PM
dorais

I think they prefer FedEx/UPS for all immigration documents and they can not mail it to a PO box.

Quote:

Originally Posted by sportsfan33

The RFE asks clearly to send the response to the PO box. I don't know why some lawyers are sending it to the Dallas lockbox.
08-14-2014, 05:50 PM
RMS_V13

Quote:

Originally Posted by la_2002_ch

Q, Kanmani, Sportfan, other Gurus,

My PD in Sep 2008 and applied in Jan 2012. We were issued RFE on Jun 5th and then USCIS messed up my RFE details letter 2-3 of times (long story), we finally responded to RFE on Jul 22nd and my status changed to RFERR on Jul 23rd. Its now been 3+ weeks, do you guys suggest I should get in the escalation mode and start talking to USCIS/Congressman/SR or should I wait patiently for some more time? My case is at NSC which is already approving 2009 cases.

The whole month of September and 1/2 August is available. I understand your situation. Mine was with TSC and no news for over 50 days. I wanted to give them the 60 days they ask and then begin spamming everyone with escalation emails. But in your case, you may or may not have 60 days to wait.

I would call L2 first. See what is going on with your file and then play it.
08-14-2014, 05:53 PM
RMS_V13

Quote:

Originally Posted by sportsfan33

Thanks for this info...puts my mind to ease considerably.

My husband's employer decided to merge with a much bigger corp. The EVL was on the new company header/logo. No other supporting documentation. No info about # of employees, location, etc. Just a para about the company. We got ours approved.
08-14-2014, 05:54 PM
RMS_V13

Sports fan- No letter head - okay. Is there a logo?
08-14-2014, 08:53 PM
RMS_V13

Quote:

Originally Posted by sportsfan33

RMS, yes, there is a logo. The parent company is very well known.

I also used another trick. Apparently we had some official envelopes with the company logo and address on it. I used two of those envelopes for the 2 RFE responses.

Anyway, my mail was out yesterday and will be delivered tomorrow. No idea of how long a wait I am going to encounter so I will again spend the next few days in a nervous state of mind. This GC business is really killing my productivity.

I understand. What is the prediction for Oct ? My gutt feeling is they want to clear until Apr 2009, be it Sept or Oct. If I were you, I would start making my moves in 2 weeks by calling L2 and once the VB is out, if its retrogressing, call Senator's office.
08-15-2014, 08:49 PM
RMS_V13

Any updates from Vizcard?

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