The FY2014 RFE Thread

Thanks Sportsfan

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Originally Posted by sportsfan33

I read on trackitt that someone whose date became current in September created an SR because of this 60 day thingy. But the thing is that the person was never current before September! Clearly, such SRs should never have been created. I am not sure how I would react. At my best, I would get annoyed.

If you have seen the approval pattern, TSC is still clearing the August backlog and there are plenty of folks who are still waiting. Sure, some September approvals will start showing up but I would advise you to wait for your approval at least for a week. Expect the TSC to work on August cases this week.

I would not have created the SR. Address change though is recommended if you have changed address and do not have access to previous mailbox.

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To folks who got CPO e-mails:

I have been reading that the status changes to and fro between CPO and Decision within a day or 2 after the CPO e-mail.
I received CPO texts and e-mails around Saturday noon, but there have been no further updates to my status since then.

I had thought I would chill after the CPO e-mails till I get the cards in hand and not worry about minor updates - but then I just read about this guy on trackitt who has been stuck in Extended Review for 2 years after getting CPO e-mail! (but his status did not progress to Decision afterwards)

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Originally Posted by helpful_leo

To folks who got CPO e-mails:

I have been reading that the status changes to and fro between CPO and Decision within a day or 2 after the CPO e-mail.
I received CPO texts and e-mails around Saturday noon, but there have been no further updates to my status since then.

I had thought I would chill after the CPO e-mails till I get the cards in hand and not worry about minor updates - but then I just read about this guy on trackitt who has been stuck in Extended Review for 2 years after getting CPO e-mail! (but his status did not progress to Decision afterwards)

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It was a long weekend. So things could update in the next few days. In any case, don't let the exception dictate your emotions. There are thousands of cases on trackitt that don't involve extended reviews, etc.

Also, the only "twist" I've read about recently is needing to do biometrics again. You would still approved but they need an updated set of biometrics on file.

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Originally Posted by vizcard

It was a long weekend. So things could update in the next few days. In any case, don't let the exception dictate your emotions. There are thousands of cases on trackitt that don't involve extended reviews, etc.

Also, the only "twist" I've read about recently is needing to do biometrics again. You would still approved but they need an updated set of biometrics on file.

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Thanks. I am also thinking it is a lag because of the long weekend. In that guy's case, he was later told by L2 it was a system glitch and he actually was *not* approved!
Haven't heard much about such cases, so assuming that was very rare.

Reg. repeat biometrics - I'd seen someone link recently to an article that stated that those e-mails were a system glitch!
With so many system glitches, it is hard to sort out the real from the glitch!

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Originally Posted by helpful_leo

It is probably not time for you to have received the physical cards, but what are you doing / have done to confirm they will deliver cards to your correct mailing address?

I tried calling them but now the L1 says they cannot confirm address on phone due to privacy issues and will not connect to L2 because they are "overwhelmed with calls". She asked me to get an InfoPass appointment to confirm address!

Although this is not as big an issue as getting approved, we have some travel in a couple of months and I was reading of some cases that get the runaround with mis-addressed GCs. It seems it can take a couple of months to get a duplicate issued, besides costing us $450 per card to make up for their error!

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So, I called this evening to get my tracking number, since the Card mailed mail didn't have any. Based on the tracking number my cards are supposed to be delivered tomorrow to some address in NY. Thats definitely not my address (I am in Missouri), so I am hoping its the attorney's address and not some weird made up address.

Just relax and enjoy!!! its definitely due to the long weekend. I am sure you will get the decision mail either in tonight's batch update or tomorrow morning.

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Originally Posted by helpful_leo

Thanks. I am also thinking it is a lag because of the long weekend. In that guy's case, he was later told by L2 it was a system glitch and he actually was *not* approved!
Haven't heard much about such cases, so assuming that was very rare.

Reg. repeat biometrics - I'd seen someone link recently to an article that stated that those e-mails were a system glitch!
With so many system glitches, it is hard to sort out the real from the glitch!

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Originally Posted by la_2002_ch

So, I called this evening to get my tracking number, since the Card mailed mail didn't have any. Based on the tracking number my cards are supposed to be delivered tomorrow to some address in NY. Thats definitely not my address (I am in Missouri), so I am hoping its the attorney's address and not some weird made up address.

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That doesn't sound very encouraging - I am not sure of this but I think the card is mailed only to the applicant and not lawyer.
My wife's case will likely do the same.

Hope I am wrong about this. The good news however is, even if there is some delay with receiving the physical card, you / we are approved!

Btw, our status did progress to Decision yesterday evening.

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Originally Posted by helpful_leo

That doesn't sound very encouraging - I am not sure of this but I think the card is mailed only to the applicant and not lawyer.
My wife's case will likely do the same.

Hope I am wrong about this. The good news however is, even if there is some delay with receiving the physical card, you / we are approved!

Btw, our status did progress to Decision yesterday evening.

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I wouldn't worry about it. Every time i call USCIS Service Center, they think I have filed for naturalization based on the prompts I select.. Not sure how they get to that but whatever. They told me that my cards were mailed out on Friday and were probably picked up by the postal service on Saturday. They will probably get processed yesterday/today and I should get tracking numbers this evening or tomorrow. Not sure if this is BS or not .. just what they told me.

UPDATE: Got the cards today and later on in the evening got a case update saying "USPS says cards delivered" (paraphrasing)

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Originally Posted by helpful_leo

That doesn't sound very encouraging - I am not sure of this but I think the card is mailed only to the applicant and not lawyer.
My wife's case will likely do the same.

Hope I am wrong about this. The good news however is, even if there is some delay with receiving the physical card, you / we are approved!

Btw, our status did progress to Decision yesterday evening.

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So I had called on Tuesday to get my tracking numbers. The L2 gave us our tracking numbers and told the cards had been mailed to the address on file (he didn't verify the address). He did mention for my case that the cards are supposed to be delivered in NY on Wednesday. I assumed that was my attorney's address and didn't pay much attention, as we did get the approval notices at our home address on Saturday.

So I asked my attorney to ship the cards to us as soon as he gets them.

Now comes a Bollywood twist!!!!

As per USPS site, the shipment for my wife's tracking number has been delivered in Nashville, TN and the shipment with my tracking number has been delivered to NY. I don't know anyone in TN and have never been there, also the attorney didn't receive the cards, so we don't know to which address were they delivered.

I thought maybe I made a mistake while noting the tracking numbers so was planning to call USCIS again today. In the meantime, early this Morning I got another Decision mail stating that the permanent resident status has been registered for us and the approval notices have been mailed today (Sep 4th).

When I call the USCIS, L1 won't let me talk to L2 and she keeps on saying that I would get the cards within 60 days from today and I need to wait that long for them (the standard verbiage from the Decision status).

Anyone has any suggestions?

The local USCIS office is closed from today for a week, as they are moving to a new location. So I am planning to take an appointment for Sep 12th to go get my passports stamped. Anything else I can do, except for singing the song "Main Royun ya Hasun, Karun main kya karun" (should i cry or laugh, hard to decide) on this USCIS super efficiency.

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Originally Posted by la_2002_ch

So I had called on Tuesday to get my tracking numbers. The L2 gave us our tracking numbers and told the cards had been mailed to the address on file (he didn't verify the address). He did mention for my case that the cards are supposed to be delivered in NY on Wednesday. I assumed that was my attorney's address and didn't pay much attention, as we did get the approval notices at our home address on Saturday.

So I asked my attorney to ship the cards to us as soon as he gets them.

Now comes a Bollywood twist!!!!

As per USPS site, the shipment for my wife's tracking number has been delivered in Nashville, TN and the shipment with my tracking number has been delivered to NY. I don't know anyone in TN and have never been there, also the attorney didn't receive the cards, so we don't know to which address were they delivered.

I thought maybe I made a mistake while noting the tracking numbers so was planning to call USCIS again today. In the meantime, early this Morning I got another Decision mail stating that the permanent resident status has been registered for us and the approval notices have been mailed today (Sep 4th).

When I call the USCIS, L1 won't let me talk to L2 and she keeps on saying that I would get the cards within 60 days from today and I need to wait that long for them (the standard verbiage from the Decision status).

Anyone has any suggestions?

The local USCIS office is closed from today for a week, as they are moving to a new location. So I am planning to take an appointment for Sep 12th to go get my passports stamped. Anything else I can do, except for singing the song "Main Royun ya Hasun, Karun main kya karun" (should i cry or laugh, hard to decide) on this USCIS super efficiency.

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That was what I was worried about. I wish it was different. They have 2 different systems which apparently do not talk to each other, the L1/L2/customer-facing one has the right address (and this is where unimportant letters like SR response, notices & others are mailed), and another one with the actual IO / processing office, which the L1 / L2 cannot see (and therefore we cannot correct) - and this is where important stuff like RFEs - and GCs - seem to be mailed to. For most people, these are the same, for some of us, they are not : (

I guess InfoPass and PP stamping is the way to go. I think you should call the L2 at some point and tell them about the fiasco, so at least you will not be charged for the issue of duplicates, which I read somewhere is $450 per card. My experience is you will have to explain the situation very carefully to the L2 as otherwise they tend to quickly assume some standard situation (so they can give their standard response). Especially tell them that you have received the notices at the right address but that the GC (and RFEs) are somehow being sent to another, wrong address.

Good luck!

It seems my wife's card is being shipped to the right address after all- at least per the L2 it is. The tracking # at present is only showing pre-shipment info, and no To address.

If the L2 is right, our multiple calls after the 2nd mis-posted RFE seems to have corrected the wrong address on their other system, which our earlier several calls did not seem to do.

Any updates sportsfan

Thanks Guys for the suggestions and the empathy for my case! I'm absolutely looking to pursue all avenues/channels i can and try to fight this as much as i can! They've really messed my case up in a big way. Hopefully it will all work out soon. I've been calling them non-stop (every other day) and i've not yet got my RFE. On Friday, i finally was able to convince them to Fax me my RFE, and have not yet recieved it yet but am hopefully will do by tomorrow (Monday).

Have a quick question for the Gurus. Looks like my lawyer is not moving ahead until he gets the RFE with him, but i am looking to prepare as much documentation as possible so we can reply back the same day. I'd switched jobs 9 months after i got my EAD (qualify for 180 days). For my possible EVL on my RFE, do i need to reach out to my old company as well? or just my Employment verification of my current company suffice?

Thanks for your input.

For plain EVL, the current job is sufficient. However, some folks were asked for continuous employment history - that would need either EVL or other documentation from your previous company. Depends on the wording of the RFE and you don't have that yet. How frustrating it must be!

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Originally Posted by GCHopes

Thanks Guys for the suggestions and the empathy for my case! I'm absolutely looking to pursue all avenues/channels i can and try to fight this as much as i can! They've really messed my case up in a big way. Hopefully it will all work out soon. I've been calling them non-stop (every other day) and i've not yet got my RFE. On Friday, i finally was able to convince them to Fax me my RFE, and have not yet recieved it yet but am hopefully will do by tomorrow (Monday).

Have a quick question for the Gurus. Looks like my lawyer is not moving ahead until he gets the RFE with him, but i am looking to prepare as much documentation as possible so we can reply back the same day. I'd switched jobs 9 months after i got my EAD (qualify for 180 days). For my possible EVL on my RFE, do i need to reach out to my old company as well? or just my Employment verification of my current company suffice?

Thanks for your input.

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Originally Posted by imdeng

For plain EVL, the current job is sufficient. However, some folks were asked for continuous employment history - that would need either EVL or other documentation from your previous company. Depends on the wording of the RFE and you don't have that yet. How frustrating it must be!

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imdeng - the RFE is not for continuous employment history. Its for "continuous work authorization". So a copy of a valid H1B and/or EAD is sufficient.

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Originally Posted by GCHopes

Thanks Guys for the suggestions and the empathy for my case! I'm absolutely looking to pursue all avenues/channels i can and try to fight this as much as i can! They've really messed my case up in a big way. Hopefully it will all work out soon. I've been calling them non-stop (every other day) and i've not yet got my RFE. On Friday, i finally was able to convince them to Fax me my RFE, and have not yet recieved it yet but am hopefully will do by tomorrow (Monday).

Have a quick question for the Gurus. Looks like my lawyer is not moving ahead until he gets the RFE with him, but i am looking to prepare as much documentation as possible so we can reply back the same day. I'd switched jobs 9 months after i got my EAD (qualify for 180 days). For my possible EVL on my RFE, do i need to reach out to my old company as well? or just my Employment verification of my current company suffice?

Thanks for your input.

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Id get an EVL from your current company stating responsibilities, title and salary. Also, keep copies of your EAD cards ready (from when you applied for your 485 to now). Lastly, I'm assuming the medicals may also be needed. So have a complete, updated 693 ready to go.

Thanks Gurus for your valuable input!!

@imdeng - Yes, it's soo damn frustrating! Plus you are left completely helpless at their mercy! I am hoping they will fax it today, or i'll have to call in again!

@vizcard - Thanks. Yes, i've the medical ready already and ready to go. I didn't want to reach out to my old company since that would just add more time to my response back! I'd the templates/letters for AC21, and EVL ready to go as well. Will just need the lawyer to review them, and mail them for the most part! Hope he's able to do it today itself. If i end up having to reach out to the old company then i've no idea how much more time this will add!! Eagerly waiting to read the text on the RFE! Looks like that's what really will drive this forward.

Can someone who had to file for EVL, and AC21 together shed some light on the RFE they just received from TSC? Was it for continuous employment, or continuous authorization?

Thanks,

Mine was NSC and I submitted my AC21 along with RFE response (though I had changed the jobs on EAD back in Nov 2012), and they had asked for continuous authorization. My attorney included the copied of the EADs and to be on the safer side, included a copy of the relieving letter from the old company (that showed the last date of employment with them) and then on EVL form current company she asked specifically that the joining date be mentioned.

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Originally Posted by GCHopes

Thanks Gurus for your valuable input!!

@imdeng - Yes, it's soo damn frustrating! Plus you are left completely helpless at their mercy! I am hoping they will fax it today, or i'll have to call in again!

@vizcard - Thanks. Yes, i've the medical ready already and ready to go. I didn't want to reach out to my old company since that would just add more time to my response back! I'd the templates/letters for AC21, and EVL ready to go as well. Will just need the lawyer to review them, and mail them for the most part! Hope he's able to do it today itself. If i end up having to reach out to the old company then i've no idea how much more time this will add!! Eagerly waiting to read the text on the RFE! Looks like that's what really will drive this forward.

Can someone who had to file for EVL, and AC21 together shed some light on the RFE they just received from TSC? Was it for continuous employment, or continuous authorization?

Thanks,

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Quote:

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Originally Posted by helpful_leo

It seems my wife's card is being shipped to the right address after all- at least per the L2 it is. The tracking # at present is only showing pre-shipment info, and no To address.

If the L2 is right, our multiple calls after the 2nd mis-posted RFE seems to have corrected the wrong address on their other system, which our earlier several calls did not seem to do.

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I have atleast 1 packet (hopefully containing cards) from USCIS which is out for delivery today in my city (I am hoping its for my address. :)).

Otherwise I have the appointments scheduled for Wednesday to get our passports stamped and will then worry about getting physical cards in Oct, when USCIS is not so busy with approvals and RFE responses.

Quote:

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Originally Posted by la_2002_ch

I have atleast 1 packet (hopefully containing cards) from USCIS which is out for delivery today in my city (I am hoping its for my address. :)).

Otherwise I have the appointments scheduled for Wednesday to get our passports stamped and will then worry about getting physical cards in Oct, when USCIS is not so busy with approvals and RFE responses.

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Good luck!

We got our cards on Saturday itself, exactly a week after getting the first CPO mails. Before approval, I had thought I only cared for approval / CPO mails - and was myself quite surprised to be checking USPS tracking site every hour till they were actually delivered!

I think the multi-year randomness / uncertainty trauma of the entire GC process has given all of us PTSD - hopefully, the recovery starts now :-)

Got the card for wife today in mail... no sign for my card. :)

Apparently, the tracking # given by L2 for the wife's case was wrong (or maybe she wrote it down wrong, as the last 5 digits were jumbled). Apparently, her cards were sitting at the local USPS sorting facility since Sep 3rd.

Well now enjoy the next 4 years and 9 months phase of life when you don't have to deal with/wait for USCIS goof-ups.

Quote:

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Originally Posted by helpful_leo

Good luck!

We got our cards on Saturday itself, exactly a week after getting the first CPO mails. Before approval, I had thought I only cared for approval / CPO mails - and was myself quite surprised to be checking USPS tracking site every hour till they were actually delivered!

I think the multi-year randomness / uncertainty trauma of the entire GC process has given all of us PTSD - hopefully, the recovery starts now :-)

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Quote:

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Originally Posted by GCHopes

Thanks Gurus for your valuable input!!

@imdeng - Yes, it's soo damn frustrating! Plus you are left completely helpless at their mercy! I am hoping they will fax it today, or i'll have to call in again!

@vizcard - Thanks. Yes, i've the medical ready already and ready to go. I didn't want to reach out to my old company since that would just add more time to my response back! I'd the templates/letters for AC21, and EVL ready to go as well. Will just need the lawyer to review them, and mail them for the most part! Hope he's able to do it today itself. If i end up having to reach out to the old company then i've no idea how much more time this will add!! Eagerly waiting to read the text on the RFE! Looks like that's what really will drive this forward.

Can someone who had to file for EVL, and AC21 together shed some light on the RFE they just received from TSC? Was it for continuous employment, or continuous authorization?

Thanks,

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Did you contact the Ombudsman and a Congressman?
Did you discuss legal options, such as filing a suit against USCIS, with your attorney?

The RFE asks for "continuous employment authorization". You should submit copies of current EAD and all past EADs that you received.

I submitted the following documents

• Letter explaining that AC 21 can be applied in my case. The letter has the past and current descriptions. In my case the roles and responsibilities are quite different but broadly similar. Make sure that at least 1/3rd of the descriptions overlap.

• Letter from my current employer (with the details requested in the RFE letter below)

• Copies of EADs, current and all past

• Most recent I-94 from https://i94.cbp.dhs.gov/I94/request.html

• Any H-1B renewal notices - none in my case

• Sealed I-693 from a Designated Civil Surgeon

Content of the RFE letter is below
Your Employment-Based (EB) Form 1-485 adjustment application remains pending at this office.
USCIS policy requires a determination of continued eligibility on previously pre-adjudicated EB
adjustment applications. See Chapter 23.5 (f)(4) of the Adjudicator' s Field Manual (AFM).
Continued eligibility means the Principal Applicant has a valid offer of employment from the time the
priority date is established until the issuance of an immigrant visa in any EB visa category requiring a
job offer. Please submit the following to show your continued eligibility:

Submit a currently dated letter from your petitioning (Form 1-140) employer, verifying your
employment with them and whether their job offer continues to exist. The new job offer letter must
describe your current position and duties, the job title and duties of the offered position (if different
from your current one), the date you began employment and the salary or wage paid. This letter
should be on company letterhead and signed, in the original, by a person authorized to make or
confirm an offer of permanent employment.

Important: if you are no longer working for your original Form 1-140 petitioner, submit a written
explanation for the change. You may also submit evidence to show you remain eligible to adjust
through visa portability under section 2040) of the Immigration and Nationality Act (INA). INA
2040) job portability applies if your Form 1-485 has been pending for more than 180 days AND your
new intended permanent employment is the same as, or similar to, the original Form 1-140 position.
To seek portability, you must submit a currently dated letter from your NEW employer, verifying your
employment with them and describing the offered position. As above, this letter must describe your
current job title and duties, the position offered (if different from your current one), the date you began
employment and the offered salary or wage. The letter should be on company letterhead and signed in
the original as described above.

Please submit proof of your continuous employment authorization in the U.S. from the date you filed
your Form 1-485 to the present. Such evidence may include copies of:

• Employment Authorization Documents (EADs, Forms 1-688 or 1-766) granted to you by USCIS
• Form 1-797 approval notices, showing you were granted status in an employment-authorized nonimmigrant status, or
• Copies of Form 1-94 Arrival/Departure Records showing you were admitted to the U.S. in an
employment-authorized nonimmigrant status.

Form 1-693, Report of Medical Examination and Vaccination Record, is normally valid for a period of
one year from the date it is signed by a designated civil surgeon. Current USCIS policy provides that,
in certain cases, a Form 1-693 that exceeds this validity period is acceptable. This policy, however,
will expire on May 31,2014. See USCIS Policy Manual, Volume 8, Part B, Chapter 4(C)(4).

The Form 1-693 that you submitted in support of your Form 1-485, Application to Register Permanent
Residence or Adjust Status, is no longer valid or is about to exceed its validity period. Please submit
a new Form 1-693 completed by a designated civil surgeon to this office together with a copy of this
notice. Including a copy of this notice with your Form 1-693 will facilitate matching the medical
report with your file. A list of designated civil surgeons can be obtained by calling the USCIS
National Customer Service Center at 1-800-375-5283, or via the USCIS website at www.uscis.gov .

This office will not be able to take further action on your case until all required documentation has
been received, including a new medical report, and a visa number has become available to you, as
determined by the U.S. Department of State. USCIS periodically reviews pending adjustment
applications in anticipation of visa numbers becoming available and to address medicals, security
checks or other required items subject to expiration.

IMPORTANT: This request is being made to establish your continued eligibility and in anticipation
of an immigrant visa. However, a final decision may not be made until an immigrant visa becomes
available to you. The monthly Department of State Visa Bulletin is posted online at
http://travel.state.gov/visa/bulleti...etin_1360.html. In addition to the requested items, inform this
office promptly if any of the following changes apply to your case:

• You or your representative have a new mailing address
• You or any of your dependents have changed marital status since filing Form 1-485
• You or any of your dependents no longer wish to adjust status or have departed the U.S.
indefinitely.

You must submit the requested information within eighty-four (84) days from the date of this letter (87
days if this notice was received by mail). Failure to do so may result in the denial of your application.

Please note the required deadline for providing a response to this Request for Evidence. The deadline
reflects the maximum period for responding to this RFE. However, since many immigration benefits
are time sensitive, you are encouraged to respond to this request as early as possible but no later than
the date provided on the request.

Guys,

I need your suggestions here. My GC was approved recently and yesterday, I receieved my Green Card. Upon receipt, I notice that that there is an error on the card. In the "Permanent Resident Since" info is incorrect. Incorrectly it says Permanent Residence Since Dec 2008, which is my priority date. The Green Card expiration correctly says August 2014. What should I do? I am thinking while the error does not impact my approval, I should get it replaced with I-90.

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Originally Posted by GreenDream

Guys,

I need your suggestions here. My GC was approved recently and yesterday, I receieved my Green Card. Upon receipt, I notice that that there is an error on the card. In the "Permanent Resident Since" info is incorrect. Incorrectly it says Permanent Residence Since Dec 2008, which is my priority date. The Green Card expiration correctly says August 2014. What should I do? I am thinking while the error does not impact my approval, I should get it replaced with I-90.

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Yes you should. The expiration also seems wrong. It should be Aug 2024.

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Originally Posted by qesehmk

Yes you should. The expiration also seems wrong. It should be Aug 2024.

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Sorry my mistake in typing. The expiration does say August 2024. I have received the welcome notice earlier too which has all the information correct. Does anyone has experience in how long I-90 form processing is taking these days?

I want to send documents to my parents for their visa stamping. Is it okay to send a copy of this Green Card or should I wait for the GC replacement to arrive? I have my H1B papers but was hoping to send GC copy in the hope that it will assist in the approval of their visitor visa.