The FY2014 RFE Thread

[qesehmk]

Q,

I received RFE and responded couple of weeks ago. My understanding is it takes around a month for USCIS to review the response. If they review it before 8/1 what happens to my case? I know it goes to adjudicated queue, but when will USCIS requests a visa? Thank you in advance!

Guys I can't keep addressing individual scenarios. The best way is to learn and help yourself and if possible help others. There are somethings that nobody can answer such as this question. At some point of time it becomes a draw of luck. Country Category PD Receipt Date RFE response everything else being equal ... at some point of time its the adjudicating office who has to actually make a request for a visa. As per Aug 2009 EB2I date - you would've to be very lucky to get it this year. The numbers just aren't there.

[imdeng]

SR, Congressman, Senator, Calls to Level 2... I don't know whether any of these help at all - but I guess we all will be doing it this summer if dates indeed go to the random-lottery-range.

That is my understanding too Q .

So can we call the net approvals in this FY would be up to March'09, because the left outs will be all over say, from feb' 09 to june - oct'09. Why I think so, because, the slow pace approvals from USCIS might push all the three batches into one pool starting from September, so that the outcome will totally depend upon the efficient adjudicators out of the hundreds spread across, who are not sleeping with RFE response inside their table drawers.

Guys be ready to raise SR.

[imdeng]

Likely I would say. You will know in just about a month. Keep your paperwork ready since you might have a small window to push things out.

Do you think I will be able to apply for EAD this year?

[helpful_leo]

Guys I can't keep addressing individual scenarios. The best way is to learn and help yourself and if possible help others. There are somethings that nobody can answer such as this question. At some point of time it becomes a draw of luck. Country Category PD Receipt Date RFE response everything else being equal ... at some point of time its the adjudicating office who has to actually make a request for a visa. As per Aug 2009 EB2I date - you would've to be very lucky to get it this year. The numbers just aren't there.

Not sure what I am missing here - shouldn't he be more or less slam dunk (barring any surprises) to get GC this year? His PD is 09/25/2008.

Edit: Just realized that you may have read his PD as Aug 2009?

[EB2-03252009]

Thank you for your reply . I really hope that I get a chance to apply for EAD this yr.

Likely I would say. You will know in just about a month. Keep your paperwork ready since you might have a small window to push things out.

[qesehmk]

Not sure what I am missing here - shouldn't he be more or less slam dunk (barring any surprises) to get GC this year? His PD is 09/25/2008.

Edit: Just realized that you may have read his PD as Aug 2009?

Oops!! My bad! Sorry HR3012. You should've been actually approved by now. Give it a month max since you sent RFE and harass them. Talk to senator. Good luck.

[venkat]

I saw this link from last year.

http://www.petition2congress.com/143...-aos-case-pro/

I think its too early but if there is no progress then what option do we have?
anyone got any update from lawyers like fragomen/murthy/oh law firm regarding the delay?

[helpful_leo]

I saw this link from last year.

http://www.petition2congress.com/143...-aos-case-pro/

I think its too early but if there is no progress then what option do we have?
anyone got any update from lawyers like fragomen/murthy/oh law firm regarding the delay?

All I hear is random speculation on trackitt - no credible reason being provided. Like sports here said, it just may be too early - still, it is concerning, because the approval window is so narrow and the waits so long!

Is there a way we can submit an online or offline petition to the head guy at TSC (rather than to a remote Congress in DC) - again reminding him how much we have riding on their efficient processing? Sort of like putting human faces on to the random SRC #s they deal with everyday.

[pdfeb09]

Hello All,
I have a question and would appreciate any insight. Thanks to all who relentlessly offer their services on this forum.
Here is my case background.
- My P.D is Dec 2008. (EB2-I)
- My I-485 was filed in Feb 2012. My spouse could not file hers at that time because of a J1 issue.
- My company was purchased by another company on Jan 2013.
- Job title, location, salary remained the same. Hence company did not file any H1 amendment.
- My H1B and my wife's H4 is valid till Sep 2014.
- I got RFE last week for Medicals and EVL.

My questions are:
a) Is there a problem because my company didnt do anything for my H1B? Will that be a red flag when we
reply to RFE?
b) Is AC 21 valid in my case? The problem is only I have EAD, not my wife. However, our H1s are current and
valid.

Did the name of your company change OR does it operate with the same name and same IRS Number for tax purposes?

If the name and/or the tax number has changed, then you would have needed a new/transferred H1B ... not if only the owner changed and not the actual enterprise.

I may be wrong on this one, but something similar happened to one of my friends and he went through GC fine because the original company continued to exist as is with a different owner.

[saibaba01]

Hi All,

My 485 date is current as of July 1st (PD Mar 2008 EB2 I) at TSC and I dont see any update on the case status on USCIS website. Hence I contacted the local congressman office and received response that the case is assigned to an Officer and is actively being worked on. The office also said they will again followup on Friday and so is it Ok for the office to do regular followups or will there be a negative impact due to these follow-ups from the congressman office?

[helpful_leo]

Hi All,

My 485 date is current as of July 1st (PD Mar 2008 EB2 I) at TSC and I dont see any update on the case status on USCIS website. Hence I contacted the local congressman office and received response that the case is assigned to an Officer and is actively being worked on. The office also said they will again followup on Friday and so is it Ok for the office to do regular followups or will there be a negative impact due to these follow-ups from the congressman office?

Not an expert, but I have seen several trackitt users use Congressmen for inquiries, and have gotten their GCs. So, I do not think it has a negative effect.
How much of a positive effect it has, I am not sure.

OTOH, regular follow-ups seem pointless to me, since whatever benefit the inquiry does would have happened with the initial inquiry itself.

[saibaba01]

Thank You helpful_leo.

The office itself mentioned that they will follow-up again on Friday and so wanted to make sure that doesnot have a negative impact and if yes thought of calling congressman office to not do any additional follow-up. But for now I will leave it as is and will wait for update from congressman office on friday in case if they get anything different from today.

Thanks again!

Not an expert, but I have seen several trackitt users use Congressmen for inquiries, and have gotten their GCs. So, I do not think it has a negative effect.
How much of a positive effect it has, I am not sure.

OTOH, regular follow-ups seem pointless to me, since whatever benefit the inquiry does would have happened with the initial inquiry itself.

[HR3012]

Oops!! My bad! Sorry HR3012. You should've been actually approved by now. Give it a month max since you sent RFE and harass them. Talk to senator. Good luck.

Thank you for the reply and sorry to bother you again. But my PD will be current in August, my question is what if my case is adjudicated in July?

[ramaka02]

Could you please let me know how to go about contacting the congressman? Its been 1 month since I sent in my RFE and no updates so far. Fellow TSCer here.

Thank You helpful_leo.

The office itself mentioned that they will follow-up again on Friday and so wanted to make sure that doesnot have a negative impact and if yes thought of calling congressman office to not do any additional follow-up. But for now I will leave it as is and will wait for update from congressman office on friday in case if they get anything different from today.

Thanks again!

[qesehmk]

Thank you for the reply and sorry to bother you again. But my PD will be current in August, my question is what if my case is adjudicated in July?

It won't be adjudicated prior to review of your RFE. After it is adjudicated USCIS will request a visa. So give it till mid August. You should be greened.

[Pundit Arjun]

Arjun,

Is it not 60 days after RFE response has been submitted ? Not sure.

Not sure with regards to RFE response. I was told this information when I had called USCIS to enquire about my 485 status.

[saibaba01]

I searched for my state congressman names on Google and sent them emails through contact link in their website. I received a call and they sent me privacy waiver document to sign and once I signed and sent the same back the office raised a request for status to uscis.

Could you please let me know how to go about contacting the congressman? Its been 1 month since I sent in my RFE and no updates so far. Fellow TSCer here.

[Kanmani]

Not sure with regards to RFE response. I was told this information when I had called USCIS to enquire about my 485 status.

My RFE (2012) response review status message showed 60 days timeline, but that should be applicable for non-retrogressed countries staying current all-time.

This spillover season should be exempted from SR timelines.

[dalian]

Gurus, My PD is 12/09/2008 and I haven't received any RFEs for medicals and EVL. I will be current in August. Are there a lot of people in the same situation or its just a few?

[Kanmani]

Thank you for the reply and sorry to bother you again. But my PD will be current in August, my question is what if my case is adjudicated in July?

As far as I know, the automated visa allocation system IVAMS won't issue a visa, unless the PD under the specific country is current. If you are current in August and the adjudicator sends visa request in July, it must show an error. I have no idea on spillover season's visa allocation formality, whether it is automated or manual.

Even if you are issued an visa accidentally, enjoy your green life. Nothing wrong.

[HR3012]

As far as I know, the automated visa allocation system IVAMS won't issue a visa, unless the PD under the specific country is current. If you are current in August and the adjudicator sends visa request in July, it must show an error. I have no idea on spillover season's visa allocation formality, whether it is automated or manual.

Even if you are issued an visa accidentally, enjoy your green life. Nothing wrong.

Thank you for the reply Kanmani. Sorry, my question is not clear I meant to say pre-adjudicated. If they review my RFE response in July it cannot be adjudicated as my PD is not current. So, it will be pre-adjudicated? Then once my PD becomes current how my file will be pulled out for a visa number? Thanks in advance!

[vizcard]

Thank you for the reply Kanmani. Sorry, my question is not clear I meant to say pre-adjudicated. If they review my RFE response in July it cannot be adjudicated as my PD is not current. So, it will be pre-adjudicated? Then once my PD becomes current how my file will be pulled out for a visa number? Thanks in advance!

Theoretically yes. But it is unlikely they will be handling applications that are not current. Its taking enough time to review and approve the ones that are current (based on Trackitt approvals).

[helpful_leo]

Guys sorry about this rant - any insights, thoughts, experience appreciated: (PD Dec 2008, TSC, EB2I)

2nd week of June we got texts that both my wife & my RFEs were sent. I received RFE copy in mail 2 days later but my wife (she is primary applicant) never got it. In the meantime, our lawyer told us they got both our RFEs. So we completed medicals & EVL and sent it to them, and they returned it to USCIS. Last Thursday we got texts for both of us that RFE response was received, and online status was also updated to RFER.

Late yesterday, however, we got text/email that the postal service had returned a USCIS notice sent to my wife's (our) address & that we need to update our address to ensure delivery. Her status changed back to initial review (from RFER); btw, our address had already been updated, & we had also received EADs at new address before, and moreover I had confirmed address with them on phone earlier.

On calling, L1 said they need to update address & send me RFE again. He didn't seem to understand - despite multiple repetitions - about USCIS already having received & acknowledged RFE response via lawyer. He was going by the latest online status, which just says Initial Review (with note below saying RFE was returned by USPS). I had a hard time convincing him to connect me to L2, and eventually he did. L2 saw my file, agreed we had sent RFER, & when she checked she found TSC had sent the RFE to MISTYPED address (top line was new address, City, state, zip was old address!!). She changed address but said they have to re-send RFE to new address. Then she said we didn't have to respond to it as they already have the response, and that it won't affect our processing time - although I do not know how credible that info is.

I am really concerned that our clock now goes back to RFE notice, as the status has gone back to Initial Review (with note about RFE returned by USPS), although they had already received RFE response! Very frustrating...

[vizcard]

Guys sorry about this rant - any insights, thoughts, experience appreciated: (PD Dec 2008, TSC, EB2I)

2nd week of June we got texts that both my wife & my RFEs were sent. I received RFE copy in mail 2 days later but my wife (she is primary applicant) never got it. In the meantime, our lawyer told us they got both our RFEs. So we completed medicals & EVL and sent it to them, and they returned it to USCIS. Last Thursday we got texts for both of us that RFE response was received, and online status was also updated to RFER.

Late yesterday, however, we got text/email that the postal service had returned a USCIS notice sent to my wife's (our) address & that we need to update our address to ensure delivery. Her status changed back to initial review (from RFER); btw, our address had already been updated, & we had also received EADs at new address before, and moreover I had confirmed address with them on phone earlier.

On calling, L1 said they need to update address & send me RFE again. He didn't seem to understand - despite multiple repetitions - about USCIS already having received & acknowledged RFE response via lawyer. He was going by the latest online status, which just says Initial Review (with note below saying RFE was returned by USPS). I had a hard time convincing him to connect me to L2, and eventually he did. L2 saw my file, agreed we had sent RFER, & when she checked she found TSC had sent the RFE to MISTYPED address (top line was new address, City, state, zip was old address!!). She changed address but said they have to re-send RFE to new address. Then she said we didn't have to respond to it as they already have the response, and that it won't affect our processing time - although I do not know how credible that info is.

I am really concerned that our clock now goes back to RFE notice, as the status has gone back to Initial Review (with note about RFE returned by USPS), although they had already received RFE response! Very frustrating...

The online status is a lagging indicator i.e. its an "after the fact" notification. It does not drive the process. They have received and acknowledged your response. That means they are looking at your file. Plus the L2 said it won't affect the processing time.

[vizcard]

Can someone venture a guess (or an educated opinion) as to why TSC hasn't approved a single EB2I case so far (atleast based on Trackitt). They've had 7.5 working days - still only 3 EB2 approvals in July - 2 EB2ROW and 1 EB2C