The FY2014 RFE Thread

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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

Quote:

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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:

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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.

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Originally Posted by Spectator

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.

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Thanks Spec.

I don't know why these attorneys' are flooding uscis with everything else listed in the RFE. Dependent's RFE contents are entirely different from one that of the primary. It calls for straight forward I-693 renewal.

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Originally Posted by Kanmani

Thanks Spec.

I don't know why these attorneys' are flooding uscis with everything else listed in the RFE. Dependent's RFE contents are entirely different from one that of the primary. It calls for straight forward I-693 renewal.

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Thanks Kanmani & Spec. Yes, my reading is also the same as Spec.

I am also a little wary of providing things that are not asked for - bureaucracies often have this tendency for picking faults in irrelevant things!

Anyone notice the see saw approvals between the TSC and NSC ? First it was all NSC, then a bunch of TSC and now its back to NSC.... atleast today.

Hi Gurus,

Need help. I am going for the medicals and wanted to know what should I fill out in the A number field. I am on H1 visa and have I-140 approved. Which A number should I be using. Also my spouse is on F1 visa and is working on OPT. Where would I find her A number. Is it the one on the EAD card ?

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Originally Posted by vizcard

Anyone notice the see saw approvals between the TSC and NSC ? First it was all NSC, then a bunch of TSC and now its back to NSC.... atleast today.

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Interesting.
But can't think of a real reason the above correlation should be significant, and not just pure coincidence.