Post 485-Filing

[swathi]

@kanmani- did you get the RFE mail from USCIS.
I am a feb filer with PD nov 2009 . I received a text today about the RFE.

[swathi]

swathi,
No, not yet received, 7 days passed already, no sign of the RFE copy
What is your RD ? ND?

Rd is feb2nd feb and Nd is 7th feb

[Kanmani]

Guys need your inputs,

Jan filer, my wife received an RFE to prove status for 8 months. she entered on H4 and changed her status to H1 after 8 months. Now, they are asking for a copy of H4 or I94. she gave the I94 when she exited for stamping for H1, and no copies of I94 have been made. I am in the process of asking the H1 filing lawyer for any copies of H4 I 94.

All I have are the exit and entry stamps on passport.will that sufice? we had valid entry multiple times after that with 2 more stampings,,, according to 245 k, doesnt make sense for them to ask so far back,,,,

I dint realise that they would not issue an H4 when you first go for stamping after marriage,,,

245(K) is a rule which pardons certain EB based applicants who have committed certain status violations. 245(K) doesn't speak about the maximum lookback period for such violations, but comes into picture when there is a violation and a potential bar , the law exempts 3 or 10 years bar, in that case

"The adjudicator must only examine the period from the date of the alien’s last lawful admission to the United States and must not count violations that occurred before the alien’s last lawful admission"

So it is a common practice for the adjudicator to ask for all the I-94s' .

[makmohan]

245(K) is a rule which pardons certain EB based applicants who have committed certain status violations. 245(K) doesn't speak about the maximum lookback period for such violations, but comes into picture when there is a violation and a potential bar , the law exempts 3 or 10 years bar, in that case

"The adjudicator must only examine the period from the date of the alien’s last lawful admission to the United States and must not count violations that occurred before the alien’s last lawful admission"

So it is a common practice for the adjudicator to ask for all the I-94s' .

Did you guys make a reentry on H4 after that? Because in any case they are concerned about events after alien's "last lawful admission".

[makmohan]

makmohan,

This is not my RFE.

You asked me to check for our I-140 LUD, I replied you. Can you please comment on that ?

Kanmani, Sorry this question was intended for GC-Utopic.

I'm a Feb first week filer (like yourself) with PD Apr 2008. I haven't received any RFE yet and don't see my 140 LUD changed either. My 140 LUD is when I requested for 3-year H1 extension based on my I140. Do you think your 140 date also coincides with your last H* extension event based on your I140?

As my application is in the blackhole for nearby future, I am definitely interested in knowing whether my application is at least being pre-adjudicated (because USCIS can otherwise ask for any stupid document). As there is no way to know, question for Gurus is that, is change in 140 LUD (if it happens) an indicator that 485 is being pre-adjudicated?

[pdfeb09]

RFE copy received . BC late registration reasons + Medicals

Important things to be noted is that the wordings in the RFE with respect to our medicals prepared by the CS . The Officer condemns the civil surgeon for not being up to date as he has marked some vaccines which were introduced after Dec 2009 as age inappropriate. For example Hep A, Meningococcal disease, Pneumococcal disease must be administered between ages 19-42.

This is the link we are directed to refer to for the updated information http://www.cdc.gov/immigrantrefugeeh...ation-faq.html

Thanks for keeping us posted on your RFE.

It doesn't look that bad. What kind of paperwork do they expect you to submit as a reason for late BC registration? Would a simple letter(notarized) from a parent (or someone present during your birth) be enough?

For Medicals, I guess, you would just have to visit the civil surgeon(same/different) again and get them done, right?

PS: The link you posted does not work. Could you please post it again? Is it This(FAQ) OR This (Tech. Instructions) ?

[suninphx]

RFE copy received . BC late registration reasons + Medicals

Important things to be noted is that the wordings in the RFE with respect to our medicals prepared by the CS . The Officer condemns the civil surgeon for not being up to date as he has marked some vaccines which were introduced after Dec 2009 as age inappropriate. For example Hep A, Meningococcal disease, Pneumococcal disease must be administered between ages 19-42.

This is the link we are directed to refer to for the updated information http://www.cdc.gov/immigrantrefugeeh...ation-faq.html

Thanks for posting details.

Like many other things, this also seem to be at officers discretion. Otherwise we would have seen many people getting RFE for those vaccinations. I can give you another example.. sometime back there was discussion on this forum about I485 photo with or w/o glasses. I remember Teddy replied saying w/o glasses (based on his experience). Now I have two of my friends whose pic were taken WITH with glasses during FP. When one of my friend specifically asked if he has to take glaasees off, the officer replied 'we know how to take pictures without glare'. So there you go

[venkat]

Sorry to hear about your RFE...All the best...
My wife's BC was registered late but so far no RFE has been received.. We submitted her 10th certificate+affidavit from both her parents as supporting documents in addition to the BC.

My application was filed on 1/30 and my PD is June 2008

Sun, you are correct. It shows how smart/informative the officer is !!!!!. These new requirements for vaccines are not given in the appropriate uscis page . But the RFE clearly mentions the rule number and effective date with age requriement etc ..etc.

Overall its pure luck to get a straight approval which i couldn't get it at least once

[ThatIsAll]

RFE copy received . BC late registration reasons + Medicals

Kanmani, we got RFE text today. Looks like another wait and then scramble for more documents saying the same will start soon. This BC related RFEs are so vague, don't know what else to provide as supporting documents. All the Best for your RFE reply

[anish5]

RFE copy received . BC late registration reasons + Medicals

Important things to be noted is that the wordings in the RFE with respect to our medicals prepared by the CS . The Officer condemns the civil surgeon for not being up to date as he has marked some vaccines which were introduced after Dec 2009 as age inappropriate. For example Hep A, Meningococcal disease, Pneumococcal disease must be administered between ages 19-42.

This is the link we are directed to refer to for the updated information http://www.cdc.gov/immigrantrefugeeh...ation-faq.html

Hi Kanmani/Guru's,

We (My self/wife) just pop up I-485 RFE in SMS , How long take time to get physical notice and is it going to get Attorney or my home (Got EAD/AP/FInger prints came to my home directly) .
Also what type of RFE , any idea ? what is the response time, I already booked the flight ticket , can I travel using AP or can we respond after came to USA?

Please advise!!!

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS


Your Case Status: Request for Evidence


On April 26, 2012, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service

[manzoorraza]

Kanmani,

Good luck on your RFE...the bright side is that atleast your application has been looked into and once you respond to the RFE you would know that you are sitting preadjudicated and will get the GC as soon as a visa number is available.

A quick question for you (not sure whether you or someone else mentioned this earlier or not)....Did you see any LUD change on your 140 status on USCIS website after getting the RFE? I am not sure how it works but seems like some people are seeing changes there while their applications are being preadjudicated?

Thanks

Thank you.


Anish,

It takes at least a week to receive the physical copy. Original RFE goes to the applicant with a CC to the Attorney. In our case the response time is 87 days from the notice date of the RFE.

Please respond to the RFE before starting a vacation.

[anish5]

Thank you.


Anish,

It takes at least a week to receive the physical copy. Original RFE goes to the applicant with a CC to the Attorney. In our case the response time is 87 days from the notice date of the RFE.

Please respond to the RFE before starting a vacation.

Thank you Kanmani for your responnse. I will update you once get the RFE notice in hand.
The dates are retro but we are getting RFE means they are touching our cases to Preadjudicate now ?

[Sirisha]

Sun, you are correct. It shows how smart/informative the officer is !!!!!. These new requirements for vaccines are not given in the appropriate uscis page . But the RFE clearly mentions the rule number and effective date with age requriement etc ..etc.

Overall its pure luck to get a straight approval which i couldn't get it at least once

Hi Kanmani,

Me and my husband got the same RFE, you can see it here http://www.qesehmk.org/forums/showth...5618#post25618

So we went to the doctor, and the doctor was hesitated to give us the vaccines, bust she gave us when we said it's for our immigration.

[Kanmani]

Sirisha, Thank you for the information. Did you redo the medicals with the same doctor or with a different doctor ?

[usernameisnotvalid]

Today I called USCIS and did not enter my receipt number so got connected to first officer (L1?) who after getting some information connected me to another one (L2). He verified some information: address, dob etc and then I asked what is the status of my application. He said it is 'in process'. I don't know what does that mean? I asked him is it pre-adjudicated and again he said it is "in process" and nothing is wrong with it. I don't know to make out of that.

[Oranguttan]

This blog has been an eyeopener for us worked about our status.
I am wondering why there has been no changes in our I485 case status, it still reads under initial review. What do we do? Is it time to call?

EB2 | TSC |PD:August 2007| RD: 17-Nov-2011 | EAD card received: Feb 3 2012| I485:?

[gc0907]

I think people usually go to the same doctor. Also I read someone had Flu related RFE and the doctore didn't charge them for the visit.

Sirisha, Thank you for the information. Did you redo the medicals with the same doctor or with a different doctor ?

[gc0907]

usernameisnotvalid,

Those are pretty staightfoward and mostly give information what that have. So "in process" I would take it as "in queue". Once the file is picked-up either it would be pre-adjudicated or if needed RFE.

Today I called USCIS and did not enter my receipt number so got connected to first officer (L1?) who after getting some information connected me to another one (L2). He verified some information: address, dob etc and then I asked what is the status of my application. He said it is 'in process'. I don't know what does that mean? I asked him is it pre-adjudicated and again he said it is "in process" and nothing is wrong with it. I don't know to make out of that.

Oranguttan,
That's normal. My case remained in that status all time and one day I got CPO email and status jumped to PostDecision .

This blog has been an eyeopener for us worked about our status.
I am wondering why there has been no changes in our I485 case status, it still reads under initial review. What do we do? Is it time to call?

EB2 | TSC |PD:August 2007| RD: 17-Nov-2011 | EAD card received: Feb 3 2012| I485:?

[Oranguttan]

Thank you for the reply. Just wondering if there are any november filers left without any change in there 'under initial review' status. Getting a little bit worried since TSC has started giving green card intimations to February filers as read from the above blog entries. At this point I would wish for an RFE at least just to know at least our case is in review. Is it time to call?

EB2 | TSC |PD:August 13 2007| RD: 17-Nov-2011 | EAD card received: Feb 3 2012| I485:?

[kumar19]

Thank you for the reply. Just wondering if there are any november filers left without any change in there 'under initial review' status. Getting a little bit worried since TSC has started giving green card intimations to February filers as read from the above blog entries. At this point I would wish for an RFE at least just to know at least our case is in review. Is it time to call?

EB2 | TSC |PD:August 13 2007| RD: 17-Nov-2011 | EAD card received: Feb 3 2012| I485:?

myself. my PD is 07/31/2007. RD is 11/30/2011. Still no update on my case. called several times and got the same response " in review". they didnt even confirm or want to explain if it is preadjudicated or not.

[Sirisha]

Sirisha, Thank you for the information. Did you redo the medicals with the same doctor or with a different doctor ?

We went to the same doctor and she didn't charge us

[username1]

I do not see my Case status in USCIS. SRC129017****. This is for TSC. I have checked case status for people above my numbers and below my numbers and almost all of them are visible. My PD is Aug 2009 and my Application and ND is Feb 24, 12. A couple of weeks ago you could not see anything updated near these numbers and now you can see everything. Do you think calling USCIS will help? Does this mean anything?

[username1]

I did not see any activity on this post yet, however I saw activity on USCIS website today. The EAD shows card production.

[usernameisnotvalid]

It seems TSC online status for all cases are available now.

[zenmaster]

It seems TSC online status for all cases are available now.

thanks for the update username
I am able to check status from today onwards ....