The FY2014 RFE Thread

[RMS_V13]

Anyone speculating why TSC is so slow? What could be going on?

When I called to see why my address has been updated or if the address is correct on file, L1 said she will transfer me to L2 for peace of mind. I said No and hung up.

Is it good to talk to L2 or is it going to annoy them and adversely affect my case? Just opinions. Also, what can L2 say? whether someone has picked up my file?

[rka_72]

Gurus
I had filed my I-485 in Jan 2012 (PD Nov 2008). On 17th Jun I received the RFE and replied on 1st Jul. My date becomes current on 1st Aug 2014.
I also have valid EAD/AP card till Feb 2015 and H1 valid till I797. I need to go to India shortly on emergency basis.
I want to come back on EAD/AP, will that be allowed. If by then, my I-485 has been approved and cards delivered, will that cause a problem while entering on EAD/AP?
Appreciate your response!

[Kanmani]

Gurus
I had filed my I-485 in Jan 2012 (PD Nov 2008). On 17th Jun I received the RFE and replied on 1st Jul. My date becomes current on 1st Aug 2014.
I also have valid EAD/AP card till Feb 2015 and H1 valid till I797. I need to go to India shortly on emergency basis.
I want to come back on EAD/AP, will that be allowed. If by then, my I-485 has been approved and cards delivered, will that cause a problem while entering on EAD/AP?
Appreciate your response!

It is at the discretion of the CBP. If they find your I-485 has already been approved, they will allow you to enter as a Green Card holder (PR) (or) they will defer the inspection and ask you to come back to CBP after collecting the GC from your home on a later date. In the second option you enter as parolee not a PR.

[saibaba01]

Can we travel if after we receive decision email and before receiving the physical GC? will that be a problem at the port of entry?

It is at the discretion of the CBP. If they find your I-485 has already been approved, they will allow you to enter as a Green Card holder (PR) (or) they will defer the inspection and ask you to come back to CBP after collecting the GC from your home on a later date. In the second option you enter as parolee not a PR.

[Kanmani]

Can we travel if after we receive decision email and before receiving the physical GC? will that be a problem at the port of entry?

Yes, you can. You must inform the CBP that your case was approved while you are out of the country. The officer in-charge will decide on the options.

[saibaba01]

Thank you!

Yes, you can. You must inform the CBP that your case was approved while you are out of the country. The officer in-charge will decide on the options.

[la_2002_ch]

TSC is incredibly screwed up! My sequence of events is so complex and unbelievable its even hard to explain it here.

Bottomline is, after 2 calls to L2 and careful, detailed explanation that they sent one of our RFEs to the wrong address, they have again sent the RFE to the wrong address! This is despite the fact that they have the right address on record (complex explanation - too long to go on here). The frustrating part is we don't even care about the RFE they are sending to the wrong address, because we have already responded to it (received via my lawyer) and they have acknowledged receipt of the RFE response!

But, because the RFE sent to wrong address (which is not even a real address - but a mixed up address) gets returned by the postal dept after 2-3 weeks, USCIS flags it as an undeliverable RFE and the whole thing goes through the same loop again.

It seems to me that the TSC system has home address entered on an official page - which is what BOTH L1 & L2 see and read to you when you call to check the address (and which you are assured is correct) - but despite the correct address showing there, they are able to send it to a *wrong address* when they send the RFE! In our case, the wrong address was: top line- new address, city line- old address. We would normally have not thought this to be possible, but we figured this out only because we are receiving some USCIS communication at the right address (eg, saying your address is updated) but not receiving the actual RFEs (while our lawyer who is sent a copy simultaneously is receiving them, and moreover, we are receiving the RFE emails when they are sent).

Its not just TSC. NSC is equally screwed up. Our RFEs were issued on Jun 5th. While my wife's RFE reached the attorney on Jun 14th, there was no sign of my RFE. We requested a duplicate to be issued on Jun 24th and then on Jul 3rd the status changed that USPS has returned the notice that we sent out as un-deliverable (we dont know if it was the notice that was sent out on Jun 5th or the 24th). After the agonizing wait over the long weekend, when I called to confirm the address they verified the address was correct (for both me and the attorney). They couldn't answer which notice was returned un-delivered or which address it was sent to. They advised taking an Infopass appointment to verify the address and how to approach to get my RFE Notice as they said they wont take the request to send the duplicate notice once again as firstly its not been 15 days since Jun 24th (the previous request) ad secondly even if they send the notice it would be to the same address as before and it would be returned.

Luckily I got the appointment for the same day and they verified my address was correct in their system as well (they didn't verify it for the attorney), but they took the request to issue the duplicate notice ASAP and to send it to my home address (which is correct in their system). So on Jul 9th we received notification that a duplicate notice was issued and this time the notice reached the attorney on Jul 14th (but still no sign of the letter at my address). Finally we have responded to both RFEs (self and wife) earlier this week and my case status has now changed to RFE Response review. I am hoping there there isn't another RFE notice out there floating around with some invalid address.

[EB2EB2]

Your date might be current in september (most Likely) but that does not mean you will get GC. If you are talking about EAD then yes, you will get EAD this year. But I doubt your application will be processed before the dates retrogress. I'm in a similar situation.

Hi cursedguy, I have EAD since the past 4 years.
But anyway, you mean that even if September bulletin has my date, the GC may not be shipped ? What are the factors that can come into picture ?

[cursedguy]

Did you get RFE for medicals or EVL? I believe it may be possible if as of Sept 1st your date is current and you have replied any RFE's. Look in trackitt, there are some people getting GC's that replied RFE's as of July 01.

[sreddy]

I called USCIS last week to find out my case status. TSC received response to RFE on my case on 30th June, and so USCIS person told me their standard response time is 60 days. I was able to convince her to create case to find out status with uscis, and she did. Today I got response on that case. Here is the status part of the mail.

"The status of this service request is:

Recently, you or your representative contacted USCIS concerning your Form I-485 to notify us that you believe your case is outside of our normal processing time. We have received your service request and researched the status of your case. Our records indicate that your response to our Request for Evidence (RFE) was received on June 30, 2014. Your application is currently awaiting assignment to an officer. You should receive a decision or notice of other action within 90 days of the date of this letter."

So nearly 4 weeks after RFE response received, they have not assigned an officer to the case. Looks like everybody in TSC is in the same boat. Not that we have any options at this point, but looks like TSC is way way behind, and not sure if they can even keep up with 60 day time frame either. There may be a few screwed up cases in NSC too, but by and large NSC is processing cases in reasonable timeframe. I am planning to contact my area congressman the day after 60th day of response to RFE date.

Any other thoughts?

[pnzr2014]

Hi all. I am new here, but not to the discussion. Just something FYI: I replied to EVL RFE (NSC with PD 10/09) last week. Yesterday, they updated my status to RFE response received and under review. At least some are following the process in a timely manner.

[RMS_V13]

One of the gurus- When is a case assigned to an officer? Before the date is current or after the date is current? My case is under review/looked at/assigned to an officer on the 23rd. I did not ask if it was June or July. Darn it.

My RFE was received on June 19th. June 20th, status updated to IR-Address change. Date current on July 1st.

When could the file have been most likely assigned? June 23 or July 23. Note that I got the IR status on June 20th.

The officer told me to call back in 30 days if I have not heard anything

[RMS_V13]

Can someone clarify? I even asked if my app is pre-adjudicated and he did not answer that question? He just said its pending, in review, touched by someone on 23rd. Don't L2s know that? What does Pre-adjudication mean?

[vizcard]

Can someone clarify? I even asked if my app is pre-adjudicated and he did not answer that question? He just said its pending, in review, touched by someone on 23rd. Don't L2s know that? What does Pre-adjudication mean?

The RFE is issued by an officer. His/her ID number is at the end of the RFE notice. I believe TSC ones begin with XM (mine is XM154). I don't know if it goes back to the same officer or to someone else. So I really don't understand what "assigned to an officer" means.

Pre-adjudication means "documentarily qualified but not current" i.e. all your papers are good to go and you are waiting for a visa. Most of us who may have been pre-adjudicated got "un-pre-adjudicated" when the 693 memo expired. Now that people have responded they are documentarily qualified and since there are visas available, you go straight to adjudicated.

[RMS_V13]

The RFE is issued by an officer. His/her ID number is at the end of the RFE notice. I believe TSC ones begin with XM (mine is XM154). I don't know if it goes back to the same officer or to someone else. So I really don't understand what "assigned to an officer" means.

Pre-adjudication means "documentarily qualified but not current" i.e. all your papers are good to go and you are waiting for a visa. Most of us who may have been pre-adjudicated got "un-pre-adjudicated" when the 693 memo expired. Now that people have responded they are documentarily qualified and since there are visas available, you go straight to adjudicated.

Thanks Vizcard. The officer ID on my RFE is also 154. I am just worried that my app could go into the extended verification mess. ?

[bieber]

Thanks Vizcard. The officer ID on my RFE is also 154. I am just worried that my app could go into the extended verification mess. ?

For NSC, it appered that case is always re assigned to the officer who issued RFE. I think when we send the resposne, it goes directly to the officer. It's anybody's guess howlong it sits in his/her desk

[vizcard]

Thanks Vizcard. The officer ID on my RFE is also 154. I am just worried that my app could go into the extended verification mess. ?

You can try all the usual routes but really if they want to do an additional review, nothing yiu can do about it. Plan for the worst, hope for the best.

[RMS_V13]

You can try all the usual routes but really if they want to do an additional review, nothing yiu can do about it. Plan for the worst, hope for the best.

Getting ready to extend my EAD. I would have assumed that the whole security/review process would have been complete prior to the first EAD approval- No? I have renewed it already and I am getting ready to submit the extension in 2 months.

[vizcard]

Getting ready to extend my EAD. I would have assumed that the whole security/review process would have been complete prior to the first EAD approval- No? I have renewed it already and I am getting ready to submit the extension in 2 months.

No need to be so pessimistic. I'm sure you will be approved unless there's something goofy with your case. They said 60 days on the RFE-Review status so you have almost a month to go before it hits that deadline and you will still be current for atleast a whole month after that.

[RMS_V13]

No need to be so pessimistic. I'm sure you will be approved unless there's something goofy with your case. They said 60 days on the RFE-Review status so you have almost a month to go before it hits that deadline and you will still be current for atleast a whole month after that.

No, we have great jobs with good organizations, no run in with the law, no duis, pretty straight forward you would assume and so are many that are stuck in additional review.
Thanks for the encouragement.

[imdeng]

Just for the record - my status was RFE, then it changed to IR and they just got my RFE Response and on Fri night 11PM CST, my status changed to RFE Response Review. At least I am getting all the text and email notifications of change in status - and the online status check system seems to be responding well when they get the RFE response. Small mercies and so on.

[la_2002_ch]

Just for the record - my status was RFE, then it changed to IR and they just got my RFE Response and on Fri night 11PM CST, my status changed to RFE Response Review. At least I am getting all the text and email notifications of change in status - and the online status check system seems to be responding well when they get the RFE response. Small mercies and so on.

Looks like NSC has some kind of nightly batch update, as my RFE response was received on Monday earlier this week and at 22:15 CDT I got the update notifications for RFE Response review.

[reachkash]

I have received RFE recently. priority date is Feb 2009. RFE is for Medicals, EVL and continuous employment authorization.

The text included in the RFE letter is as follows:
"Please submit a new Form I-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 I-693 will facilitate matching the medical report with your file."

I have couple of questions regarding sending response.

1. Do we need to include the RFE letter inside the sealed envelope?
2. Is it better to send the response using USPS/FEdex?
3. If FedEx what address I should send the response to, FedEx does not deliver to PO Box.
4. Can I send both (me and spouse) RFE responses in the same envelope?

Thanks,

[vizcard]

I have received RFE recently. priority date is Feb 2009. RFE is for Medicals, EVL and continuous employment authorization.

The text included in the RFE letter is as follows:
"Please submit a new Form I-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 I-693 will facilitate matching the medical report with your file."

I have couple of questions regarding sending response.

1. Do we need to include the RFE letter inside the sealed envelope?
2. Is it better to send the response using USPS/FEdex?
3. If FedEx what address I should send the response to, FedEx does not deliver to PO Box.
4. Can I send both (me and spouse) RFE responses in the same envelope?

Thanks,

1. I gave my civil surgeon a copy to include in the sealed packet. I'm not sure if that is common practice though
2. Use the address that they provided. So if FedEx or UPS doesn't deliver there use USPS w/ tracking. USPS offers express shipping too.
3. See #2
4. They need to be in separate envelopes with their individual bar-coded cover sheet but can be in the same USPS/FedEx/UPS mailer envelope i.e. two envelopes inside a larger envelope

[Kanmani]

I have received RFE recently. priority date is Feb 2009. RFE is for Medicals, EVL and continuous employment authorization.

The text included in the RFE letter is as follows:
"Please submit a new Form I-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 I-693 will facilitate matching the medical report with your file."

I have couple of questions regarding sending response.

1. Do we need to include the RFE letter inside the sealed envelope?
2. Is it better to send the response using USPS/FEdex?
3. If FedEx what address I should send the response to, FedEx does not deliver to PO Box.
4. Can I send both (me and spouse) RFE responses in the same envelope?

Thanks,

1. Our CS told us it can be either way inside/outside the sealed I-693 envelope, it doesn't matter. The RFE copy should be included in the main envelope. (Just out of the CS office, ours is attached inside)

2&3. I don't think there is no other alternative address provided in place of the P.O Box number. You must follow the address provided in the RFE. Go with whichever service is ready to deliver to the P.O Box.