Guys,
If anybody who had sent I-693 separately from I-485 package, but without RFE, please share.
On a different topic, what will happen when USCIS is not able to process all AOS applications by Sep 30? I understand that those visas will go back to FB category. But what happens to FADs? Are they going to retrogress? And if dates retrogress, then what's the impact? Most people have already submitted I-485 based on FDs anyway.
Quote:
Originally Posted by gc_dedo
If USCIS does not process the numbers by Sept 30th, 2021 those numbers are wasted. The add back to family based is based on a calculation, but for all practical purposes, it is gone. Dates will not retrogress this year per Charlie Oppenheim. They will hold since visas are available. Retrogression happens only when applications are more than the supply of visas.
Thanks sstest and beagle.Quote:
Originally Posted by sstest
If the PP is rejected(in all likelihood) and I reapply after 30 days , I will send I-693 along.
Incase PP is accepted, as you suggested I will wait for the RFE.
I thought medical RFEs are coming now more freely? Am I wrong?Quote:
Originally Posted by AceMan
Yup.. my lawyers were so adamant about no medicals.. and were only able to file at the end of oct month last year. How I wish I had submitted medicals along with the I-485 back then.. Lessons learnt for others.Quote:
Originally Posted by AceMan
Well, in my case my lawyer refused to file my I-485 without medicals. I argued against it as my PD is Feb 2014 and I wasn't very confident of FAD being current at least for 1-2 years but lawyer insisted we send complete application including medicals.Quote:
Originally Posted by inspired_p
Can't you submit medicals now and/or before USCIS sends you a RFE?Quote:
Originally Posted by inspired_p
For complicated reasons, I did not submit medicals with I140/485 downgrade in October. I expect to be current in July VB (PD: Setp 2012) so if my EB3 downgrade I140 still isn't processed by then, I was thinking about filing for premium processing on the I140 along with medicals and hope to get it all adjudicated at once.
@Aceman and others - I have not been following the trackers on Medical RFEs other than anecdotal stories. I'm Jan-2011 (EB2) and expect to be current in the June Bulletin. Do you think its enough processing time to have a fair shot at approval by September 21 given that I didn't submit my medicals when I filed in October?
I asked lawyers if we can file medicals proactively, and they discourage that as well. Just hoping on the RFE soon so that the case gets adjudicated in 2020 quota.. Quite a few thousands visa numbers are going to get wasted in 2020Quote:
Originally Posted by abcx13
Quote:
Originally Posted by Zenzone
Medical is another one of my pet peeves. Lot of visas are getting wasted when RFE's are sent late, and people don't have time to respond within FY.
There is a big debate going on if Medicals can be submitted out of turn without an RFE or not.
Are you planning to send medicals without RFE? Or plan on waiting for RFE?
I think the 2nd option is better, because your file is hooked to an officer and once you send the file it gets easy to be adjudicated. But here you are at the mercy of USCIS issuing an RFE.
I seriously believe USCIS should issue a conditional GC valid for year, and once the GC holder provides the medicals, the conditions are removed. That way the wastage can be avoided in my opinion.
Quote:
Originally Posted by AceMan
Can you provide any links to this debate? I am wondering what to do... my sense is my lawyer will say do not proactively submit medicals, but I think I can submit them directly even if he say no, right?
Medical report (Form I-693) is valid only for 60 days. So unless you have a plan of action to submit I-693 to USCIS don't go for it. It will simply expire. Some doctors may sign the existing I-693 for a small additional fee (say $50) within a certain timeframe. If you are going for medical now, then shop around and ask if the doctor can put the signature at a future date in 3 or 6 months.Quote:
Originally Posted by Alunity
Some attorneys have interfiled I-693 forms, but that is not a standard procedure for submitting medical evaluations. Most attorneys will not submit I-693 unless they receive RFE from USCIS. USCIS recently opened up its Contact Center phone line to reschedule biometric services (800-375-5283). Don't know if they can create a biometric for you or perform some actions that will end up with a Biometric appointment.
I thought medicals were valid for 2 years as long as signed 60 days before the filing? So if we've already filed 485 in October, can we file medicals, either with Premium Processing request or without, before getting an RFE if we're about to be current?Quote:
Originally Posted by idliman
From https://www.uscis.gov/news/alerts/us...manual-update:
Quote:
Originally Posted by USCIS
My priority date is Apr 2011 EB2. In October 2020, I wanted to get my medicals done and submit I-693 along with AOS application. My attorney wanted to send the app asap. Anyway, because of COVID I was able to get the blood test scheduled only in the 3rd week of October. My attorney refused to wait and filed the AOS without I-693 on October 9th. Just like what my attorney said, I got my biometrics done on Feb 19th and on March 1st received the RFE for Medicals. On March 30th, I got the confirmation from USCIS for my RFE response. But I know two of my friends who applied on the very last day. I don't understand why these firms wait until the very last day. Both of my buddies sent in all the docs to them in the first week of October. They have not received the RFE or the EAD card.Quote:
Originally Posted by mohan_jgd
I might have gotten lucky with my case, but everyone should try to
1) Send AOS asap and not wait until the last few days
2) Get the I-693 ready as it takes 2-3 weeks to complete. If you think you are within the 60 day window (I-693 must be signed within 60 days of applying), get the I-693 ready. If you waste $$, so be it and don't think about it.
The updated policy, which goes into effect on Nov. 1, 2018, will require applicants to submit a Form I-693 that is signed by a civil surgeon no more than 60 days before filing the underlying application for an immigration benefit. The Form I-693 would remain valid for a two-year period following the date the civil surgeon signed it.Quote:
Originally Posted by abcx13
If USCIS does not get your I-693 within 60 days, it is invalid.
Hello Guru's,
I have been a longtime silent spectator of all the informative discussion/post on this website since 2011 when the dates moved to May 2010. Thank you to each and everyone for contributing you precious time to educate/advice/help members with their immigration process.
Member's now I am in need for your expertise to decide how to proceed with my case. I am working for an American brand with every few H1B's in the company, so HR team usually sides with the Attorney's advice. Our company filed I-485 for me in Oct 2020 under EB2 (PD 08March2011) without the form I-693, because the attorney's advised against it even after trying to reason them out and I have recently given my finger print on 10 May 2021. But with the recent forward movements in the EB3, I was able to meet with our HR Manager and was able to explain them that this does not happen often and was able to convince them to help me with my green card journey. Now my company wants me to decide if I would like to proceed in EB3 and this time we will also send in the form I-693 during the interfiling request but if I decide to downgrade I would have to stay with the choice forever.
Thanks idliman for your response. What are the disadvantages of interfiling I-693 and does the advantages overweigh the disadvantages?
Thanks beagle. What do you mean by you are within the 60 day window ( If you think you are within the 60 day window (I-693 must be signed within 60 days of applying), get the I-693 ready. If you waste $$, so be it and don't think about it.)?
Yes, but they would? Or are you saying it has to be 60 days before an RFE is issued? If 485 is filed in October, and you file medical after that, like say now, isn't it within the 60 days of the filing?Quote:
Originally Posted by idliman
I guess you are just saying that if you get medicals done, you better file them within 60 days...
P.S. - It is breakfast time here on the West Coast and now I feel like eating idlis. :)
The underlying application is your i485 (not i693).Quote:
Originally Posted by idliman
The underlying application is the i485 in this case, isnt it?
I would act on the side of caution. There is no benefit in doing your medicals in advance unless you want to send them without an RFE. My personal opinion on this matter is...either you send medicals while submitting the original I-485 application (preferable) OR send them only when the RFE is issued to avoid any confusion (and also to follow the 60 days guideline). Imagine a scenario where you sent the medicals without the RFE, and at the same time USCIS issued the RFE from their end. Now when you receive the physical copy of the RFE, you will be in confusion about how to respond to it since you already submitted the medicals but didn't yet get any updates on your case. Should you respond to this new RFE with a second medical? Should you ignore the RFE and take chances?Quote:
Originally Posted by abcx13
Medicals don't take much time. As soon as you receive the RFE, you can schedule an appointment and get it done in 1-2 weeks and send it to USCIS alongwith the original RFE. This will result in the fastest approval of your case in my opinion.
https://www.uscis.gov/i-693
Quote:
You (not the civil surgeon) must submit your Form I-693 to USCIS. If you are applying for adjustment of status, you may submit Form I-693:
* By mail with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see Direct Filing Addresses for Form I-485).
* By mail after filing your Form I-485 to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS).
* In person at an interview in a USCIS field office (if an interview is required).
Quote:
To ensure your medical examination results are still valid when we adjudicate your associated benefit application, you should schedule the medical examination as close as possible to the time you file for adjustment of status, respond to a Request for Evidence, or attend an interview (if applicable). NOTE: The Form I-693 must be dated no earlier than 60 days before you filed your underlying application.
I see your PD is current since April. By any chance did you receive your medical RFE yet?Quote:
Originally Posted by vedu
In the case of an RFE after pre-emptively sending medicals, can't we resend the Form 693 that was already sent pre-emptively?Quote:
Originally Posted by vedu
I am guessing our lawyer will say to wait till RFE though I can sometimes influence him...
I suppose the ideal thing would be to send the medicals with a premium processing request if my I-140 EB3 downgrade is not processed by then.
My PD of September 2012 is not current yet and even my biometrics have not been scheduled, but I am hoping to be current in the next VB or two, so I suppose it is also possible that by then USCIS approves the I-140 and sends an RFE asking for Medicals.
Yes, my PD became current on April 1st, received the RFE on April 14th, responded to it in two weeks, and got the GC approved within a day of USCIS receiving the RFE response (May 4th).Quote:
Originally Posted by Zenzone
Once you receive an RFE, you need to respond to it ASAP before they forget your case again. That is the surest way to get a quick approval. That's why I even fired my lawyer and did everything on my own (I485J, Medical). If the lawyer would have gotten involved, then I wouldn't have been able to respond to the RFE so quickly.
This is the worst strategy. I140 has nothing to do with medicals. Medicals is for your i485 request. If you are thinking USCIS will connect the dots and insert your medicals in the right files, then clearly your experience with USCIS has been something very different to the majority of the folks. I would be very surprised if the officer who approves your i140 is also in charge of your i485. Instead of having all this back and forth discussion about the medicals it just boils down to this. Are you willing to risk a few $$ in an effort to proactively interfile your medicals (which can be a hit or miss)? If not then it's best to wait for an RFE. No amount of strategizing is going to give you a sure shot edge.Quote:
Originally Posted by abcx13
Nice! That's good news.Quote:
Originally Posted by vedu
Quote:
Originally Posted by beagle
Quote:
You (not the civil surgeon) must submit your Form I-693 to USCIS. If you are applying for adjustment of status, you may submit Form I-693:
Note that there is a gray area here that's interpreted differently by different lawyers. Say you submitted without medicals on Oct 30,2020. And you get your medicals done on March 1st 2020 without getting an RFE. Instead of sending medicals, you just keep it with you without sending it. You get an RFE on June 1st, i.e 90 days after doctor's signature. Now if you send those medicals, are they valid? According to the quoted rules above, it does not seem to be prohibited. One popular attorney says they recommend for this not to happen and that you should send them to USCIS within 60 days of signature..Quote:
* By mail with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see Direct Filing Addresses for Form I-485).
* By mail after filing your Form I-485 to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS).
* In person at an interview in a USCIS field office (if an interview is required).
To ensure your medical examination results are still valid when we adjudicate your associated benefit application, you should schedule the medical examination as close as possible to the time you file for adjustment of status, respond to a Request for Evidence, or attend an interview (if applicable). NOTE: The Form I-693 must be dated no earlier than 60 days before you filed your underlying application.
That's exactly how I would think. Play it safe. Act on the side of caution, do a clean job, and get your approval quickly. You never know how each adjudicating officer interprets the rule. If he/she rejects your medical erroneously and decides to send you an RFE, you won't be there to show him the rule book.Quote:
Originally Posted by rsnake
No. The doctor signs and seals the medicals, and they will give you only one envelope to send to USCIS, they sign across the seal. They might give you a personal xerox copy sometimes which cannot be sent to USCIS.Quote:
Originally Posted by abcx13
Advice for people with pending medicals
My advice to people trying to do this is to call and ask the clinic if they give you a discount if you need medicals again within a few months. Someone posted that one doctor's policy is that they only charge $50 if medicals need to be refreshed within a year of the first examination.
For others who want to wait till RFE, even if you are not going to send the medicals, go to the doctor, explain the situation, and get the vaccinations and antibody tests. Ask for documentation that you got them so you can use it later even with a different doctor. Sometimes people do that anyway normally so that they can get vaccinated and/or get antibody tests at CVS which can be much cheaper than at doctor's office and they show proof to the doctor later. This way when you do get the RFE you can get medicals very fast, maybe even within a few days to a week.
Thanks! So it seems consensus on here is to wait for RFE to file medicals if you didn't file pre-emptively with I485 filing. I guess I will do that, which is what I suspect my attorney would recommend also.Quote:
Originally Posted by vsivarama
New thread to keep all the medical submissions discussion together
I suppose that will work, but personally, I won't even take that risk. The doctor may give you another sealed envelope for $50, but he won't change the dates on the form on which you were examined, and he may have examined you four/five months ago. A typical doctor has lots of patients to check on a daily basis, and you shouldn't expect him to spend significant amount of time fixing/correcting everything in the revised form. So, you yourself should make things as easy as possible for everybody assuming they all are error-prone.Quote:
Originally Posted by rsnake
Say, you are going to file AOS in October 2021. First talk to your attorney when they plan to submit your application. Say, the expected date in October you are filing is D1. Now the doc should sign and seal your I693 report between (D1 - 60) and (D1). I don't know if USCIS considers only working days and excludes Sat/Sun. So to be really safe, I would go with date range (D1 - 30) and (D1). Then find the USCIS approved doc who can get the report to you. Get up-to-date on any missing vaccine shots/blood tests starting from (D1-30). Then very close to D1, ask your doc to provide you the signed/sealed I-693 which you've to ship to your attorney to send it along with the AOS packet. Also, get a digital scan of the I-693 report for you to check if the doc did sign and date things properly.Quote:
Originally Posted by Alunity
Again, the main objective is NOT to get an RFE for medicals in this long painful process causing more delays. You need to maximize your GC chance in these once in a blue moon VB bulletins. The only thing you should expect from USCIS is an appointment letter for your BioMetrics (BM). Thats it. Once you are done with BM it will kick start the FBI background check on your profile. And very soon, you will be Documentarily Qualified with an FBI clearence ready to be painted green.
1) File your AOS asap and don't wait until the last few days of the month.
2) File your AOS with I-693.
3) Ignore anyone who says you can send I-693 after filing and without an RFE.
Many of folks, who filed I-485 in October 2020, did not send their I-693 (medical) forms. It may be worthwhile to send the I-693 (a.k.a. interfile or interfiling) now to attach to the existing I-485 application. Doing so will allow the Adjudicating Officer (AO) to simply approve your I-485 without sending a RFE for I-693 which will delay GC by 3+ months. This guide is for interfiling your I-693 to an existing I-485 application.
What is Interfiling?
Interfiling (commonly used for transfer of underlying basis [FB (I-130) to EB (I-140), EB to FB, switching primary and derivative in an EB petition, etc.,]) is a catch-all method to submit additional material (or evidence) to either update or make changes to your existing application (or form) with USCIS. This is typically used for situations that USCIS does not have a standard form to address.
Typical convention is that interfiling is done only when the priority date (or FA) is current (although there is no restriction on sending it before your FA is current). However, USCIS takes action only when the PD is current. The USCIS lock-box contractor will simply scan, interfile and connect correspondence with corresponding (alien) file and update systems. The contractor is required to interfile no later than close of the fifth business date following request being received in the Service Center.
The USCIS service center should receive your interfile I-693 request within 60 days of signature by the doctor. Otherwise, the I-693 automatically becomes invalid. Make sure that you send the signed copy of the letter and supporting material to the correct service center.
Risks:
- The criteria for interfiling are not written in any section of INA (law) or agency rule. It is purely an administrative procedure and is only described in USCIS Service Manual (SM) or memos or other communication by USCIS. The decision to grant any particular type of interfiling request is discretionary, and not guaranteed.
- USCIS most likely will not acknowledge the fact of the interfiling an I-693 to an existing I-485 request. You will not know what happened to your correspondence till your GC is approved by USCIS or an RFE is sent. You are essentially sending your communication to a black box.
- Interfiling I-693 to an existing I-485 will only help those folks whose files are complete and pre-adjudicated (example 2012 filers). If USCIS is going to send an RFE for Birth Certificate or I-485 Supp J portability, you will not save any time by proactively interfiling I-693.
- If your file is with an AO, the lockbox contractor may have to recall the file to interfile your I-693. After that, what happens to the priority of your file is anybody's guess. In the five business days (max) it takes the contractor to fulfill the interfile correspondence, if an AO send an I-693 RFE, the outcome is undefined.
Advantages:
- I-485 instructions from USCIS states, "Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485.". Hence, interfiling I-693 is acceptable at any time.
- IMO, this is a true and tested method that exists for at least last 15 years or so. USCIS internally uses "Interfile" to attach any piece of paper to an existing application file. If you take a look at the Dutch actor Rutger Hauer's FOIA file from USCIS (Google), you would see "interfile".
- USCIS SM clearly says the things one should do to transfer an underlying basis (or interfile). Hence it is official. Also official memos allow investors to interfile a package of amended documents related to the regional service center.
- There is a good chance that the interfiling request will be approved for attaching I-693 to an existing I-485, as this serves USCIS's interests of efficiency. It also facilitates the applicant's goal of obtaining permanent residence by saving time, effort, and multiple filing fees.
Disclaimer: I am not an attorney. Whatever I have expressed above is based on my understanding of the process. For full disclosure I recently obtained by GC and have not personally tried the process. I am not responsible for any effects (postitive or negative) on your application because of the above procedure.
August 7, 2018
To
USCIS
----- Service Center
Sub: Request to Interfile I-693 Medical Report to Pending Form I-485 (Adjustment of Status)
[A# 231-010-000]
Dear Sir/Madam,
My Adjustment of Status (I-485, Receipt # SRC100000005) application is pending. The visa numbers for my category (EB2-India) are current for my priority date according to the most recent Department of State Visa Bulletin.
I request you to interfile my I-693 (Report of Medical Examination and Vaccination Record) form signed by the Civil Surgeon to the pending form I-485.
I am enclosing the following documents in support of my request:
- Copy of I-797C, Notice of Action, Receipt of filing I-485
- Sealed I-693 Medical Report signed by the Civil Surgeon
- Copy of driver's license (North Carolina)
- Copy of passport's biographic pages
Kindly approve my request to interfile and connect this correspondence to the corresponding file.
If you have any questions or need additional information concerning the above, please do not hesitate to contact me. Thank you in advance for your kind attention in this matter.
Sincerely,
First LAST
1000 Pruce Lane, Concord, NC 28261
Cell 000-100-2001
Email: whatis@who.com
Here's the PDF of the above Request Attachment 1782.
Idli - thanks so much for generously posting this despite already having received your GC.Quote:
Originally Posted by idliman
Including a link to this Trackitt thread on Fragomen re-evaluating later this week whether medicals should be interfiled.
https://www.trackitt.com/usa-discuss...ulletin/page/2
My company used Fragomen but later had to fire them because they made too many stupid mistakes, so take their guidance for what it's worth, but if they or AILA suggest preemptively interfiling medicals now (perhaps based on some discussion with USCIS), I think it probably makes sense to do so if you are current or about to get current.
If it is me, I would wait till the FA is current and interfile I-693 on the first day of the month (in TSC). I don't see any issues with it. In the worst case, you might lose $350. In the broad scheme of things, it is worth it. If you are NSC, you don't have to do it. They were very active the last time I looked. Good Luck.Quote:
Originally Posted by abcx13
My application is at NSC but I think I will interfile medicals when FAD is current.Quote:
Originally Posted by idliman
P.S. - I'm not sure how active NSC (Lincoln) is because I still haven't received anything for my concurrent I140/485 downgrade filing from October and I'm past the case processing time on the USCIS website. On Trackitt it seems most people from late October in my situation also haven't received anything.