Dilemma or Conundrum of I693 Medical with 485 or after 485 filing

[gc_dedo]

Guys,

If anybody who had sent I-693 separately from I-485 package, but without RFE, please share.

On a different topic, what will happen when USCIS is not able to process all AOS applications by Sep 30? I understand that those visas will go back to FB category. But what happens to FADs? Are they going to retrogress? And if dates retrogress, then what's the impact? Most people have already submitted I-485 based on FDs anyway.

[android09]

Guys,

If anybody who had sent I-693 separately from I-485 package, but without RFE, please share.

On a different topic, what will happen when USCIS is not able to process all AOS applications by Sep 30? I understand that those visas will go back to FB category. But what happens to FADs? Are they going to retrogress? And if dates retrogress, then what's the impact? Most people have already submitted I-485 based on FDs anyway.

If USCIS does not process the numbers by Sept 30th, 2021 those numbers are wasted. The add back to family based is based on a calculation, but for all practical purposes, it is gone. Dates will not retrogress this year per Charlie Oppenheim. They will hold since visas are available. Retrogression happens only when applications are more than the supply of visas.

[gsingh]

+1 to what beagle said above - try PP upgrade for I-140. Another thing to try would be, as abcx13 pointed out here, you can discuss it with your attorneys and try to send medical along with PP.

Thanks sstest and beagle.
If the PP is rejected(in all likelihood) and I reapply after 30 days , I will send I-693 along.
Incase PP is accepted, as you suggested I will wait for the RFE.

[Zenzone]

Logical basis as follows :
262,000 visas available for FY 2021. Total number of pending 485 applications at the end of first quarter of FY 21 176,000. Follow the details added to the forum by Spectator regarding monthly consular processing usage.

Even if sudden surge in the usage happens late last quarter, the expected spillover of nearly 150,000 for FY 2022 will offset it.

The biggest concern of visa wastage for FY 2021 is going to be the candidates who applied for 485 who did not submit medicals.

I thought medical RFEs are coming now more freely? Am I wrong?

[inspired_p]

I have been telling my friends who downgraded with 2012-13 PDs submit their Medicals. Only 3 out of 9 friends submitted. If the dates are advanced to 2013 in August bulletin, they have wasted their chance of getting greened in the 2021 quota. I remember CO complaining about this in FY 2017 about Eb3 people not responding to RFE's in time. Lot of them are downgrades

All believed their freaking attorneys who asked to submit 485 without medicals. The bloody medicals are valid for 2 years.

Yup.. my lawyers were so adamant about no medicals.. and were only able to file at the end of oct month last year. How I wish I had submitted medicals along with the I-485 back then.. Lessons learnt for others.

[NewHere]

Yup.. my lawyers were so adamant about no medicals.. and were only able to file at the end of oct month last year. How I wish I had submitted medicals along with the I-485 back then.. Lessons learnt for others.

Well, in my case my lawyer refused to file my I-485 without medicals. I argued against it as my PD is Feb 2014 and I wasn't very confident of FAD being current at least for 1-2 years but lawyer insisted we send complete application including medicals.

[abcx13]

Yup.. my lawyers were so adamant about no medicals.. and were only able to file at the end of oct month last year. How I wish I had submitted medicals along with the I-485 back then.. Lessons learnt for others.

Can't you submit medicals now and/or before USCIS sends you a RFE?

For complicated reasons, I did not submit medicals with I140/485 downgrade in October. I expect to be current in July VB (PD: Setp 2012) so if my EB3 downgrade I140 still isn't processed by then, I was thinking about filing for premium processing on the I140 along with medicals and hope to get it all adjudicated at once.

[Zenzone]

@Aceman and others - I have not been following the trackers on Medical RFEs other than anecdotal stories. I'm Jan-2011 (EB2) and expect to be current in the June Bulletin. Do you think its enough processing time to have a fair shot at approval by September 21 given that I didn't submit my medicals when I filed in October?

[inspired_p]

Can't you submit medicals now and/or before USCIS sends you a RFE?

For complicated reasons, I did not submit medicals with I140/485 downgrade in October. I expect to be current in July VB (PD: Setp 2012) so if my EB3 downgrade I140 still isn't processed by then, I was thinking about filing for premium processing on the I140 along with medicals and hope to get it all adjudicated at once.

I asked lawyers if we can file medicals proactively, and they discourage that as well. Just hoping on the RFE soon so that the case gets adjudicated in 2020 quota.. Quite a few thousands visa numbers are going to get wasted in 2020

[AceMan]

@Aceman and others - I have not been following the trackers on Medical RFEs other than anecdotal stories. I'm Jan-2011 (EB2) and expect to be current in the June Bulletin. Do you think its enough processing time to have a fair shot at approval by September 21 given that I didn't submit my medicals when I filed in October?

Medical is another one of my pet peeves. Lot of visas are getting wasted when RFE's are sent late, and people don't have time to respond within FY.

There is a big debate going on if Medicals can be submitted out of turn without an RFE or not.
Are you planning to send medicals without RFE? Or plan on waiting for RFE?

I think the 2nd option is better, because your file is hooked to an officer and once you send the file it gets easy to be adjudicated. But here you are at the mercy of USCIS issuing an RFE.

I seriously believe USCIS should issue a conditional GC valid for year, and once the GC holder provides the medicals, the conditions are removed. That way the wastage can be avoided in my opinion.

[abcx13]

Medical is another one of my pet peeves. Lot of visas are getting wasted when RFE's are sent late, and people don't have time to respond within FY.

There is a big debate going on if Medicals can be submitted out of turn without an RFE or not.
Are you planning to send medicals without RFE? Or plan on waiting for RFE?

I think the 2nd option is better, because your file is hooked to an officer and once you send the file it gets easy to be adjudicated. But here you are at the mercy of USCIS issuing an RFE.

I seriously believe USCIS should issue a conditional GC valid for year, and once the GC holder provides the medicals, the conditions are removed. That way the wastage can be avoided in my opinion.

Can you provide any links to this debate? I am wondering what to do... my sense is my lawyer will say do not proactively submit medicals, but I think I can submit them directly even if he say no, right?

[idliman]

Gurus/Senior members, I am following this forum for couple of months. I wish I had known about this forum earlier. I am OCT filer with EB3 I downgrade and April 2012 PD. I have done PP for I-140 and got it approved. I have not received biometrics appointment yet. I have booked an appointment for medicals coming Thursday. Is it a good idea to submit the medicals by interfiling or postpone the medical examination till I get my biometrics appointment? Also, is there any suggestion on how to get my biometrics appointment scheduled in Boston ASC?

Medical report (Form I-693) is valid only for 60 days. So unless you have a plan of action to submit I-693 to USCIS don't go for it. It will simply expire. Some doctors may sign the existing I-693 for a small additional fee (say $50) within a certain timeframe. If you are going for medical now, then shop around and ask if the doctor can put the signature at a future date in 3 or 6 months.

Some attorneys have interfiled I-693 forms, but that is not a standard procedure for submitting medical evaluations. Most attorneys will not submit I-693 unless they receive RFE from USCIS. USCIS recently opened up its Contact Center phone line to reschedule biometric services (800-375-5283). Don't know if they can create a biometric for you or perform some actions that will end up with a Biometric appointment.

[abcx13]

Medical report (Form I-693) is valid only for 60 days. So unless you have a plan of action to submit I-693 to USCIS don't go for it. It will simply expire. Some doctors may sign the existing I-693 for a small additional fee (say $50) within a certain timeframe. If you are going for medical now, then shop around and ask if the doctor can put the signature at a future date in 3 or 6 months.

Some attorneys have interfiled I-693 forms, but that is not a standard procedure for submitting medical evaluations. Most attorneys will not submit I-693 unless they receive RFE from USCIS. USCIS recently opened up its Contact Center phone line to reschedule biometric services (800-375-5283). Don't know if they can create a biometric for you or perform some actions that will end up with a Biometric appointment.

I thought medicals were valid for 2 years as long as signed 60 days before the filing? So if we've already filed 485 in October, can we file medicals, either with Premium Processing request or without, before getting an RFE if we're about to be current?

From https://www.uscis.gov/news/alerts/us...manual-update:

Release Date
10/16/2018

USCIS is revising policy guidance for the validity period of Form I-693, Report of Medical Examination and Vaccination Record.

The updated policy, which goes into effect on Nov. 1, 2018, will require applicants to submit a Form I-693 that is signed by a civil surgeon no more than 60 days before filing the underlying application for an immigration benefit. The Form I-693 would remain valid for a two-year period following the date the civil surgeon signed it. As such, USCIS is retaining the current maximum two-year validity period of Form I-693, but calculating it in a different manner to both enhance operational efficiencies and reduce the number of requests to applicants for an updated Form I-693.

USCIS officers use Form I-693, Report of Medical Examination and Vaccination Record, to determine whether an applicant for an immigration benefit in the United States is inadmissible under the health-related grounds of inadmissibility. By specifying that the Form I-693 must be signed no more than 60 days before the applicant files the underlying application for which Form I-693 is required, the validity of the form is more closely tied to the timing of the underlying application.

Additionally, requiring submission of a Form I-693 that was signed no more than 60 days before the date the underlying application was filed may, in some cases, maximize the period of time Form I-693 will be valid while the underlying application is under USCIS review. Officers will still have the discretion, as they have always had, to request a new Form I-693 if they have reason to believe an applicant may be inadmissible on the health-related grounds. Delays in adjudicating the underlying application will also be reduced if fewer requests for updated Forms I-693 are necessary.

[beagle]

Couldn't agree more with you, Idliman. Attorneys from the "duck" firm refused to send the medicals along with the I-485 application. Heck, it was a huge struggle for folks in my company who were working with them to send the applications early. In the end, they applied on the last day of Oct 2020 and we are still waiting for our EAD/APs. I had my bio-metrics done just last week. Running on hope that EAD/AP will come soon and i get greened after filing medical RFE.

My priority date is Apr 2011 EB2. In October 2020, I wanted to get my medicals done and submit I-693 along with AOS application. My attorney wanted to send the app asap. Anyway, because of COVID I was able to get the blood test scheduled only in the 3rd week of October. My attorney refused to wait and filed the AOS without I-693 on October 9th. Just like what my attorney said, I got my biometrics done on Feb 19th and on March 1st received the RFE for Medicals. On March 30th, I got the confirmation from USCIS for my RFE response. But I know two of my friends who applied on the very last day. I don't understand why these firms wait until the very last day. Both of my buddies sent in all the docs to them in the first week of October. They have not received the RFE or the EAD card.

I might have gotten lucky with my case, but everyone should try to
1) Send AOS asap and not wait until the last few days
2) Get the I-693 ready as it takes 2-3 weeks to complete. If you think you are within the 60 day window (I-693 must be signed within 60 days of applying), get the I-693 ready. If you waste $$, so be it and don't think about it.

[idliman]

I thought medicals were valid for 2 years as long as signed 60 days before the filing? So if we've already filed 485 in October, can we file medicals, either with Premium Processing request or without, before getting an RFE if we're about to be current?

From https://www.uscis.gov/news/alerts/us...manual-update:

The updated policy, which goes into effect on Nov. 1, 2018, will require applicants to submit a Form I-693 that is signed by a civil surgeon no more than 60 days before filing the underlying application for an immigration benefit. The Form I-693 would remain valid for a two-year period following the date the civil surgeon signed it.

If USCIS does not get your I-693 within 60 days, it is invalid.

[08march2011]

Hello Guru's,

I have been a longtime silent spectator of all the informative discussion/post on this website since 2011 when the dates moved to May 2010. Thank you to each and everyone for contributing you precious time to educate/advice/help members with their immigration process.

Member's now I am in need for your expertise to decide how to proceed with my case. I am working for an American brand with every few H1B's in the company, so HR team usually sides with the Attorney's advice. Our company filed I-485 for me in Oct 2020 under EB2 (PD 08March2011) without the form I-693, because the attorney's advised against it even after trying to reason them out and I have recently given my finger print on 10 May 2021. But with the recent forward movements in the EB3, I was able to meet with our HR Manager and was able to explain them that this does not happen often and was able to convince them to help me with my green card journey. Now my company wants me to decide if I would like to proceed in EB3 and this time we will also send in the form I-693 during the interfiling request but if I decide to downgrade I would have to stay with the choice forever.

[Alunity]

Thanks idliman for your response. What are the disadvantages of interfiling I-693 and does the advantages overweigh the disadvantages?

[Alunity]

Thanks beagle. What do you mean by you are within the 60 day window ( If you think you are within the 60 day window (I-693 must be signed within 60 days of applying), get the I-693 ready. If you waste $$, so be it and don't think about it.)?

[abcx13]

The updated policy, which goes into effect on Nov. 1, 2018, will require applicants to submit a Form I-693 that is signed by a civil surgeon no more than 60 days before filing the underlying application for an immigration benefit. The Form I-693 would remain valid for a two-year period following the date the civil surgeon signed it.

If USCIS does not get your I-693 within 60 days, it is invalid.

Yes, but they would? Or are you saying it has to be 60 days before an RFE is issued? If 485 is filed in October, and you file medical after that, like say now, isn't it within the 60 days of the filing?

I guess you are just saying that if you get medicals done, you better file them within 60 days...

P.S. - It is breakfast time here on the West Coast and now I feel like eating idlis.

[mumbaiboy]

The updated policy, which goes into effect on Nov. 1, 2018, will require applicants to submit a Form I-693 that is signed by a civil surgeon no more than 60 days before filing the underlying application for an immigration benefit. The Form I-693 would remain valid for a two-year period following the date the civil surgeon signed it.

If USCIS does not get your I-693 within 60 days, it is invalid.

The underlying application is your i485 (not i693).

[mumbaiboy]

The underlying application is the i485 in this case, isnt it?

[vedu]

Yes, but they would? Or are you saying it has to be 60 days before an RFE is issued? If 485 is filed in October, and you file medical after that, like say now, isn't it within the 60 days of the filing?

I would act on the side of caution. There is no benefit in doing your medicals in advance unless you want to send them without an RFE. My personal opinion on this matter is...either you send medicals while submitting the original I-485 application (preferable) OR send them only when the RFE is issued to avoid any confusion (and also to follow the 60 days guideline). Imagine a scenario where you sent the medicals without the RFE, and at the same time USCIS issued the RFE from their end. Now when you receive the physical copy of the RFE, you will be in confusion about how to respond to it since you already submitted the medicals but didn't yet get any updates on your case. Should you respond to this new RFE with a second medical? Should you ignore the RFE and take chances?

Medicals don't take much time. As soon as you receive the RFE, you can schedule an appointment and get it done in 1-2 weeks and send it to USCIS alongwith the original RFE. This will result in the fastest approval of your case in my opinion.

[beagle]

https://www.uscis.gov/i-693

You (not the civil surgeon) must submit your Form I-693 to USCIS. If you are applying for adjustment of status, you may submit Form I-693:

* By mail with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see Direct Filing Addresses for Form I-485).
* By mail after filing your Form I-485 to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS).
* In person at an interview in a USCIS field office (if an interview is required).

To ensure your medical examination results are still valid when we adjudicate your associated benefit application, you should schedule the medical examination as close as possible to the time you file for adjustment of status, respond to a Request for Evidence, or attend an interview (if applicable). NOTE: The Form I-693 must be dated no earlier than 60 days before you filed your underlying application.

[Zenzone]

I would act on the side of caution. There is no benefit in doing your medicals in advance unless you want to send them without an RFE. My personal opinion on this matter is...either you send medicals while submitting the original I-485 application (preferable) OR send them only when the RFE is issued to avoid any confusion (and also to follow the 60 days guideline). Imagine a scenario where you sent the medicals without the RFE, and at the same time USCIS issued the RFE from their end. Now when you receive the physical copy of the RFE, you will be in confusion about how to respond to it since you already submitted the medicals but didn't yet get any updates on your case. Should you respond to this new RFE with a second medical? Should you ignore the RFE and take chances?

Medicals don't take much time. As soon as you receive the RFE, you can schedule an appointment and get it done in 1-2 weeks and send it to USCIS alongwith the original RFE. This will result in the fastest approval of your case in my opinion.

I see your PD is current since April. By any chance did you receive your medical RFE yet?

[abcx13]

I would act on the side of caution. There is no benefit in doing your medicals in advance unless you want to send them without an RFE. My personal opinion on this matter is...either you send medicals while submitting the original I-485 application (preferable) OR send them only when the RFE is issued to avoid any confusion (and also to follow the 60 days guideline). Imagine a scenario where you sent the medicals without the RFE, and at the same time USCIS issued the RFE from their end. Now when you receive the physical copy of the RFE, you will be in confusion about how to respond to it since you already submitted the medicals but didn't yet get any updates on your case. Should you respond to this new RFE with a second medical? Should you ignore the RFE and take chances?

Medicals don't take much time. As soon as you receive the RFE, you can schedule an appointment and get it done in 1-2 weeks and send it to USCIS alongwith the original RFE. This will result in the fastest approval of your case in my opinion.

In the case of an RFE after pre-emptively sending medicals, can't we resend the Form 693 that was already sent pre-emptively?

I am guessing our lawyer will say to wait till RFE though I can sometimes influence him...

I suppose the ideal thing would be to send the medicals with a premium processing request if my I-140 EB3 downgrade is not processed by then.

My PD of September 2012 is not current yet and even my biometrics have not been scheduled, but I am hoping to be current in the next VB or two, so I suppose it is also possible that by then USCIS approves the I-140 and sends an RFE asking for Medicals.