2013 RFE Frenzy

[bvsamrat]

It appears to a standard format that would be followed in times to come. One more blow to legal Ebs to tie them in knots. No doubt RFEs will have to be replied reviwed and decided and all takes time. I do not know if it is tied with any profiling(cases with AC21's or any sepcific sector)

Spec, Kanmani

I copied it from Trackitt, It looks like user just posted the content of RFE

[indiani]

can USCIS process 10,000 plus additional application in 2 months?

If not is there a chance of wastage or leaving some 2007 applicants again as they somehow can't get to the application before the dates retrogress?

I already was worried about some kind of nightmare scenario when the dates were held up that long back.

Now GC looks up purely luck based for indians (coming here on EB ) unless EB1 .

what if lets say they don't get to an applicant on time and they wait another year and another RFE and possibly missing again ( even though this is a far-fetched scenario ) ?

I think this might in all likelyhood just profiling. there are folks who has just sent proof of employment as recent as couple of months ago and they still got RFE in this massive, unprecendent, illogical ( or may be they found logic in profiling indians) way.

I wish Murthy or someone would have interest in calling out USCIS on this but I think they will also have more business as atleats some applicants will use their service to reply.

[yank]

Gurus,

Why only TSC filers are getting RFE's. My case is with NSC. PD is Jan 2008. Do we need to wait few more days?

Thanks

[dec2007]

Spec, Kanmani

I copied it from Trackitt, It looks like user just posted the content of RFE

My RFE is to confirm that I'm still employed, in the same job, offer is still open, etc.

Attorney is in process of responding.

[jackbrown_890]

can USCIS process 10,000 plus additional application in 2 months?

If not is there a chance of wastage or leaving some 2007 applicants again as they somehow can't get to the application before the dates retrogress?

I already was worried about some kind of nightmare scenario when the dates were held up that long back.

Now GC looks up purely luck based for indians (coming here on EB ) unless EB1 .

what if lets say they don't get to an applicant on time and they wait another year and another RFE and possibly missing again ( even though this is a far-fetched scenario ) ?

I think this might in all likelyhood just profiling. there are folks who has just sent proof of employment as recent as couple of months ago and they still got RFE in this massive, unprecendent, illogical ( or may be they found logic in profiling indians) way.

I wish Murthy or someone would have interest in calling out USCIS on this but I think they will also have more business as atleats some applicants will use their service to reply.

I don't think Murthy alone can or would want to do anything if there is a hint of profiling. I think it would have to come from an organization like ** or actual applicants. all would have to contact/request their reps./senators to inquire on this issue. It will be hard to prove it too. So far trackitt data shows, more thn 95% (that is big number) RFEs were issued to Indians in EB category.. still no RFEs at this scale shows up on any other categories on and around June 14. no rfes for FB so far on Trackitt.. need more data to support profiling,,

[indiani]

I don't think Murthy alone can or would want to do anything if there is a hint of profiling. I think it would have to come from an organization like ** or actual applicants. all would have to contact/request their reps./senators to inquire on this issue. It will be hard to prove it too. So far trackitt data shows, more thn 95% (that is big number) RFEs were issued to Indians in EB category.. still no RFEs at this scale shows up on any other categories on and around June 14. no rfes for FB so far on Trackitt.. need more data to support profiling,,

I agree with you on almost every point you made.

This issue is somewhat hard to prove that they intentionally profiled but whatever their rationale was , to most logical minds this appears rather illogical ( not illegal) ,

even in the case of IRS scandal, no one knew about it until there was a whistleblower, Teaparty is one of the most powerful lobby group and still almost every official involved denied that they profiled saying they acted within the law.

Thats why I think too many unnecessary rules will lead to rather abuse, here in this case its not only applicants waste their time, its several hundreds of hours of federal employees also waste their time.

This time around once its current even for 1 day, i will reach out to rubio's office or Ross's office in FL and will be following with several calls.

[Spectator]

It would help if the AFM section mentioned was available.

Without knowing what that says, it is pointless to speculate, but the title of the Memo suggests it is applicable to everyone.

[bieber]

Other users on Trackitt confirmed the same RFE content. The glitch scenario can be ruled out at this point.

Outstanding questions
What % of EB2I in the date range received the RFE
Why NSC not issued any RFEs yet

[indiani]

I had only online status changed to RFE but did not receive text / email alert, I tried to call L2 officer but it was late so i was told by L1 to call in the morning again to be able to be transferred live to L2 as it will take 2-3 hrs to be transferred.

another option was to leave L2 a message and wait for response 3-4 days later,
it might not help as they might just indicate what is already stated online and moreover I might receive actual RFE by then.

Even though my immdediate reaction and hope was a glitch scenario, that possibility is ruled out and appears that almost everyone ( atleast so far that what appears to be the case ) received EVL/ EADor 797 requirements.

My i-94 which was given at port of entry has expiration date of june 2013 but I have new concurrent H-1 ( with current employer ) which is valid for another year and also i have EAD. EVL might take few days but I should not have a problem to get it.

Overall this is another rather unpredictable and somewhat unfortunate incident this fiscal year for EB2 folks who were ignored last fiscal year.
Not sure if atleast 2007 folks will get some relief by september

[jackbrown_890]

My lawyer also received rfe for my wife today. My status still says Acceptance. And they are asking same information for my wife.. Evl.. 94 .. Ead..etc. I can get everything else for my wife but how do I get evl for dependent. Any suggestions on what to do? My lawyer has asked for my evl in anticipation of rfe in my case. But my online status hasn't changed as of r
Today.

[gcq]

My Speculations:
#1.
USCIS officers has ran out of work. In these times of "spending cuts", they fear that that they maybe laid off. So they found themselves some work at the expense of hapless applicants.

#2.
In context of recent heavy EB1 usage, they suspect a lot of EB2 ers got ported to EB1. They want to make sure the EB2 applications that are likely to be approved in near future are real cases. That way they won't waste those visa numbers.

[erikbond101]

Can anyone tell me if porters (filed I-485 in EB3I prior to July 2007) to EB2I are also getting RFE or is it just people who have pending I-485 from EB2I. This can tell us if porters are getting counted?

[indiani]

I have EVL format which is from sept 2012 ( had RFe about it then ), I think once RFE is confirmed that it is infact is about EVL and copies of status ( which i think either EAD or 797 ) then
I will just change the date of the EVL letter get it signed again and send copies of EAD and 797 ( i-94 not sure whether to add, this i obtained at POE and its expiry date is june 2013 )
I think they are asking copy of one of the documents and not all of them.

[indiani]

I think there is a good reason to believe that every RFE will look like the ones which are already posted like the EVL etc.,
not sure how long it might take to reach FL

[tackle]

can USCIS process 10,000 plus additional application in 2 months?

If not is there a chance of wastage or leaving some 2007 applicants again as they somehow can't get to the application before the dates retrogress?

This has been a concern of mine too. There is a definite chance that some RFE responses end up in someone's desk who just sits on it until dates retrogress.

[indiani]

This has been a concern of mine too. There is a definite chance that some RFE responses end up in someone's desk who just sits on it until dates retrogress.[/QUOTE]

several things should happen for the application to be adjudicated when dates become current.
The applicant should receive the RFE ( USCIS is not known to be 100% competent).
The RFE is able to be sent back on time ( getting hold of employer's signature might take sometime for few not all ).
The RFE sent back should reach them ( not so difficult when we fedex)
The RFE should be satisfactory ( burden is on us and it depends on the interpretation of IO )
The file should be picked up among several thousands when dates become current ( history tells us FIFO won't be followed )

Bottomline: This RFE- frenzy surely was not something that anyone anticipated or enjoying

[indiani]

RFE went to attorney and they have sent me a copy in email ( which was scanned so can't cut and paste ) but it is exactly the same as everyone else previously posted.

So please check with your attroney as USCIS may just send to attorney and you might get it later or never.

I am preparing on a "war-footing" and plan to send it within a week.

Attorney said everyone of their clients from TSC got exactly same RFE and no other service centers have sent RFE. ( USCIS not following uniform procedures and rules )

[longwait100]

Just saw this on Murthy, looks like they are also puzzled about the employment authorization requirement for dependents.

http://www.murthy.com/2013/06/17/new...al-i-485-rfes/

[druvraj]

Just saw this on Murthy, looks like they are also puzzled about the employment authorization requirement for dependents.

http://www.murthy.com/2013/06/17/new...al-i-485-rfes/

Since RFE are issued only for TSC applicants is this a way to make sure that all NSC applications are cleared on the first day. Hence RFE for people with PDs in late 2008 are also issued. I remember NSC were ahead in issuing FP notces as well.

Dependents requiring EVL will be hard one for the lawyers to solve. FL lawyers got the RFE. Neither my lawyer not I have still not received the RFE yet.

[indiani]

anyone want to post a generic EVL with all the requirements asked in the current RFE, i am planning to prepare one with help of paralegal today. also sending EAD/797 both.

[Eb2_Dec07]

Guys, EB2-Ind, Dec 07 PD NSC , earlier case status online was RFE response review ( RFE responded to in April 2012 ) , past week I changed address on pending 485 case and this week the status changed to " Initial Review " . Is this normal , does it mean earlier RFE is now processed and does it imply case has been pre-adjudicated

[username]

My lawyer also received rfe for my wife today. My status still says Acceptance. And they are asking same information for my wife.. Evl.. 94 .. Ead..etc. I can get everything else for my wife but how do I get evl for dependent. Any suggestions on what to do? My lawyer has asked for my evl in anticipation of rfe in my case. But my online status hasn't changed as of r
Today.

Ditto!!! I am also in same situation as you are (dependent wife received rfe not primary application).

[username]

Can anyone tell me if porters (filed I-485 in EB3I prior to July 2007) to EB2I are also getting RFE or is it just people who have pending I-485 from EB2I. This can tell us if porters are getting counted?

I am porter and did not receive any rfe so far but my wife (dependent) received rfe.

[bvsamrat]

But RFE may cause worry to some people who might be on EAD shifting jobs as consultants (such as company A to B to C etc.) and may not be in a position to provide EVL in time and some may be out of USA also.
It all depends on how many% and these might include porters also ? and these might determine the COD progression beyond expected dates in September VB

Thanks Kanmani, I remember your earlier post.

So your thought is these RFE cases will stay in demand and visa office will allocate visa when PD gets current as the case is pre-adjudicated. USCIS will wait until the end of response time which is 87 days( somewhere close to Sep mid)/ RFE response. if RFE response is satisfactory GC will be issued. Sounds logical to me, and the timing of mid Sep also is molding really well. I hope that is the case. As majority of the cases are EVL, the replies will be really fast except attorney delay.

[GCKnowHow]

I don't think Murthy alone can or would want to do anything if there is a hint of profiling. I think it would have to come from an organization like ** or actual applicants. all would have to contact/request their reps./senators to inquire on this issue. It will be hard to prove it too. So far trackitt data shows, more thn 95% (that is big number) RFEs were issued to Indians in EB category.. still no RFEs at this scale shows up on any other categories on and around June 14. no rfes for FB so far on Trackitt.. need more data to support profiling,,

I'm not sure if its anything to profiling, I see it as Indians are the only EB2 category who has any dates before Aug 2008 and they would be getting most/all of the spill overs. The RFEs are issued over 45 days in advances so it will be replied before that and will be ready for allocating visa number. I rather see this as a positive move as they issued RFE well in advance else so many would have missed the boat. Its just my perspective.