The FY2014 RFE Thread

[imdeng]

Got my medicals done. For folks looking at price point comparisons - its $200 per person here in upper midwest. Includes the TB skin test and blood draw for Syphilis. Most of the immunization from the last I-693 carried over except MMR which needed a second dose. My insurance pays for MMR - so got it done at my regular doctor's office. The nurse told me that I can get that for free as well at the county health office.

Also - the form has a column for flu with the header "Not Flu Season" - that puts to rest the debate about what to do about Flu vaccine when its not yet the flu season. Answer - don't get it and the doctor should check the column marked "not flu season".

[vizcard]

How long do you expect your PD to remain current, before retrogression kicks in?
Last year it kicked back in in the December VB - is that something that is kind of built in into the setting of cutoff PD dates (that the retrogression is likely to happen only in Dec), or is that just something arbitrary and can potentially happen earlier?

I am trying to assess how much of a window I have to get the GC, given the tardiness by TSC!

Well its definitely current till end of August based on the new VB and I expect it to remain current atleast till end of Sept.

Retrogression can happen at any point based on supply and demand. Last year, they basically cleared up some leftovers with the FY2014 regular allocation and hence dates didn't retrogress till Dec. We could potentially see that this year too but its not guaranteed.

[helpful_leo]

Well its definitely current till end of August based on the new VB and I expect it to remain current atleast till end of Sept.

Retrogression can happen at any point based on supply and demand. Last year, they basically cleared up some leftovers with the FY2014 regular allocation and hence dates didn't retrogress till Dec. We could potentially see that this year too but its not guaranteed.

Thanks Viz!

I will have one month less than you to get greened (getting current only on Aug 1)- hoping this year too dates don't retrogress till Dec!

Btw, has your status changed from RFE Response Review to something else?

[AC_1980]

Received RFE text for primary only (me) earlier this evening. EB2I July 2009 PD, TSC. I was with my sponsoring employer for a year after filing 485 (Feb 2012), after which switched job and filed AC21. Switched job again in Aug 2013 and did not file AC21 the second time. I suspect my RFE will be a EVL and not a medical, since dependent's online status did not change. This is just a guess at the moment, I will update as soon as I receive the physical mail. Good luck everyone!

[JackD1]

Applied on 1/30/12. Replied to RFE on 6/12/14. Your guess is as good as mine in terms of approval.

Hey Viz.. I got the approval email for both me and my wife's application.. hopefully you should be getting an update soon. I notice on trackitt that several people with PD 07-08/2008 have gotten approval today. Good Luck to everyone.

Thank you all the for expert comments and predictions.

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


Your Case Status: Card/ Document Production


On July 8, 2014, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.

[helpful_leo]

Hey Viz.. I got the approval email for both me and my wife's application.. hopefully you should be getting an update soon. I notice on trackitt that several people with PD 07-08/2008 have gotten approval today. Good Luck to everyone.

Thank you all the for expert comments and predictions.

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


Your Case Status: Card/ Document Production


On July 8, 2014, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.

Congrats Jack!

Are you TSC or NSC?

[Kanmani]

Congratulations Jack.

[JackD1]

Thanks guys.. NSC.. Lin129056xxxx

[vizcard]

Hey Viz.. I got the approval email for both me and my wife's application.. hopefully you should be getting an update soon. I notice on trackitt that several people with PD 07-08/2008 have gotten approval today. Good Luck to everyone.

Thank you all the for expert comments and predictions.

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


Your Case Status: Card/ Document Production


On July 8, 2014, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.

Congrats! now if only TSC would start approving cases, I will be in the same boat as you

[helpful_leo]

OK guys. Here is my case's latest status. Just got off the phone with an "L1" (I think). She repeated that nothing has been sent to my address. She did not transfer me to an L2 saying that they would have the same info (last 2 times, I was transferred to an L2 upon request...I guess too many people have been calling them since the morning).

I honestly have no idea if not receiving a medical RFE is a good thing or a bad thing. From what I have been reading, I seem to be in a minority (albeit a sizable minority). The next phone call will be on August 1 now.

Good luck all.

Good luck!

It is in everybody's interest - with and without RFEs - that folks without RFEs directly get GCs. Would mean less work for service centers and increased chances for all to get their GCs.

What really is the difference between L1 and L2? Are L2s the actual immigration officers?

[helpful_leo]

Congrats! now if only TSC would start approving cases, I will be in the same boat as you

Yes, this is a little worrying. Wish there was something from previous years that could reassure us that the initial TSC lag is normal, which is caught up by the end of the month!

[Kanmani]

helpful_leo,

Yes, L2 are Immigration officers who have access to our files. L1 from my experience looks like service centre folks.

Regarding time lag between service centres, NSC were comparatively slow in the past years.

[PD2008AUG25]

Yes, this is a little worrying. Wish there was something from previous years that could reassure us that the initial TSC lag is normal, which is caught up by the end of the month!

Does anyone think current migrant children crisis in Texas has anything to do with TSC not approving files? Have well-known immigration lawyers provided any useful updates regarding Service Centers in the past? If so, we can request these folks to get some info for us.

[helpful_leo]

helpful_leo,

Yes, L2 are Immigration officers who have access to our files. L1 from my experience looks like service centre folks.

Regarding time lag between service centres, NSC were comparatively slow in the past years.

Thanks Kanmani - good to know.

[helpful_leo]

Does anyone think current migrant children crisis in Texas has anything to do with TSC not approving files? Have well-known immigration lawyers provided any useful updates regarding Service Centers in the past? If so, we can request these folks to get some info for us.

That is a very good point no one seems to have thought up before - but I think at this point it is an unlikely cause for the TSC delays.

My understanding is that the Central Am refugee situation is at the present time more under the purview of law enforcement, deportation/ immigration judges and humanitarian / civic agencies. It will probably hit the TSC in some time, but probably not now.

If OTOH that really is the cause of the TSC delays, then it is very bad news for us as that is a huge crisis and will easily overwhelm TSC manpower for the next several months : (

[helpful_leo]

I don't think this is the case, but we will see. If the date moves to Oct/Nov 2009 in the September bulletin, I would have said yes to this theory, but the VB and Fragoman update seem to eliminate that possibility. If the date moves to March 2009, then TSC is expected to process a majority of its cases.

At some point, TSC will start the approvals. I think we are reading too much into a non-issue. It's just been 9 days and the USCIS has proven capable to approve hundreds of cases within a day in the past. If they expect to approve 15000 EB2I cases, they can do it in 20-30 days total.

I hope you are right!

I didn't get this part though: "If the date moves to Oct/Nov 2009 in the September bulletin, I would have said yes to this theory..".
Are you saying that if the refugee/illegal situation is a cause for the TSC delay, dates will move still further ahead in the Sept VB?

[bieber]

Does anyone think current migrant children crisis in Texas has anything to do with TSC not approving files? Have well-known immigration lawyers provided any useful updates regarding Service Centers in the past? If so, we can request these folks to get some info for us.

No, nothing at all

It must be something to do with process of reviewing RFEs while following some order

The texas border crisis needs completely different set of personnel, processes, systems

[mr53123]

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.

[EB2-03252009]

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

So here is one thing to understand. The movement that happened so far - pretty much means all these folks will be greened this year as long as their cases are without any issues. However, the movement that happens in september is going to be larger than truly required. So not everybody should expect to get greened.

My original prediction was not about date movement. It was about getting greened. I am talking about people upto Mar 2009 to expect to get greened. January is already real now. So I wouldn't be ashamed if the March prediction turns bad.

Now based on the bulletin if the movement is 1-3 months then most of those folks should be greened. But if it is much more than that then the prediction is saying that people beyond March should keep their hopes low. I don't mean to dampen anybody's spirits. So i will only be happy to be proved wrong.

[vizcard]

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.

I doubt there would be an issue for your GC. You can always get it from your current company and word it just like you would if it was a completely new job. AC21 is definitely valid in your case. As long as your H1 is valid, your wife's H4 is valid.

Theres a potential separate issue of the validity of your H1. Since your petitioning company technically no longer exists (on paper), the USCIS could consider the H1 as invalid. I'm sure there are ways to resolve it if in fact this is true.

Kanmani, others - any insight?

[vyruss]

Precisely the reason why I was advocating to postpone a response to the medical RFE as much as possible. If you are a mid-2009 applicant, I would wait to see the September bulletin and then go get the tests.

The Fragoman update is pretty bad...a real slap in our faces if true.

Why are they sending medical RFEs is anyone's guess. However from my end, I still haven't received one and I have read confirmed accounts of such cases on trackitt. Now, I am getting more and more convinced that not everyone will be asked to resubmit. To extend the same logic further, all the RFEs people in 2009 are receiving this year will be kept valid for more than 1 year and be used when their dates are current again.
.

[Kanmani]

I doubt there would be an issue for your GC. You can always get it from your current company and word it just like you would if it was a completely new job. AC21 is definitely valid in your case. As long as your H1 is valid, your wife's H4 is valid.

Theres a potential separate issue of the validity of your H1. Since your petitioning company technically no longer exists (on paper), the USCIS could consider the H1 as invalid. I'm sure there are ways to resolve it if in fact this is true.

Kanmani, others - any insight?

Viz,

I see this scenario little complicated. We can consider this as a case of having joined in a completely different company, if new H1b approval is available for the new role. (AC21)

Consider this , if he has joined the current company using his EAD, then what about his wife status? H4 is no longer valid !

Comments expected from S and Q.

[qesehmk]

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.

I think the new company could have filed something called as "Successor in interest". I think that's what the term is. Google it.

But the fact that they didn't shouldn't hurt the GC because then it can be considered an AC21. So either way you are safe.

As per H1B validity - if the company is a small company - desi owner - I would be worried because then perhaps there may be some negligence. But if the company is a big one - I wouldn't worry because they looked at H1 and made a determination to keep the status quo on H1.

AC21 doesn't require EAD. It requires approved 140 + 6 months past since filing of 485. You pass those conditions it seems.

So don't worry about anything. Things should be fine IMHO.

p.s. - In worst case if H1 is found invalid (which I don't believe will happen) I don't think that will impact your wife's ability to file 485. She probably will have to leave country but she should be able to file 485 (or CP depending on where she is when dates are current) as soon as dates are current. I guess the key for you is to ensure that the decision your company made on H1 was right one. But even if it was wrong and USCIS censures your company - you are not liable. You can simply go to another employer. Your GC should be safe.

[HR3012]

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!

[imdeng]

The choice is between $200-$300 per applicant extra cost and getting an early RD for RFE response in case dates move and it becomes a lottery for mid-to-late 2009. I would gladly spend the money (already have) for a better shot this year.

Precisely the reason why I was advocating to postpone a response to the medical RFE as much as possible. If you are a mid-2009 applicant, I would wait to see the September bulletin and then go get the tests.