Post I-485 Filing - RFE's Discussion

[indiaeb2]

I called up the USCIS 1800# a short while back and told them about the case status issue on my case that it did not update to response review. The guy was nice he first parroted the current status and said that he cannot discuss my wife's case since she was not around as Iam at work. I asked him if anyone could check and confirm if the response was indeed received and it’s just an upload issue, he said that it may take upto 15 days for them just to upload at times or for a status update. He told me not to hesitate to call on Mar 10th when it would be 15 days. Within 15 minutes my case status changed to RFE Response Review. For me even this baby step is a step forward, I feel that this definitely has something to do with the call.

such a relif. You will get approved soon. God will surely help you for fast approval.

RFE response review has a upper limit of 60 days. I spoke with a rep, same news reader response.

same for you Leo

[nishant2200]

No there is no official period of wait. Theoretically it’s just another case for them so the standard 9 months backlogged TSC wait time applies. Nishant had posted some days back on the forum that once the RFE response is received the case moves back to its original position in the officers work queue. So we can just hope for the best now. Basically getting an RFE means 20-30 days of being pushed back and missing the chance on the day it was issued because it could have been the approval date.

Here it is, the public version of the Adjudicators Field Manual.
http://www.uscis.gov/ilink/docView/A.../0-0-0-15.html

Go to section 10.11 Order of Processing
http://www.uscis.gov/ilink/docView/A...html#0-0-0-292

"Cases Held for Submission of Additional Information . [Chapter 10.11(b) update effective June 18, 2007.]


When an application or petition provides insufficient information to make a decision, USCIS may request additional evidence. The request for evidence or notice of intent to deny must be in writing and must specify the type of evidence required. The request must state whether initial evidence or additional evidence is required. Alternatively, the basis for the proposed denial must give the applicant or petitioner adequate notice and sufficient information to respond. The request for evidence or notice of intent to deny must indicate the deadline for response. See 8 CFR 103.2(b)(8) .


USCIS may hold the case in abeyance while waiting for the applicant or petitioner to respond. However, the maximum response time for a request for evidence cannot exceed 12 weeks, and for a notice of intent to deny cannot exceed 30 days. Additional time to respond to a request for evidence or notice of intent to deny may not be granted. See 8 CFR 103.2(b)(8) .


If USCIS receives a response, or the time to submit a response elapses, the case shall be returned to its original processing place. Returning the file to the original processing place will normally make the case ready for immediate adjudication."

[nishant2200]

RFE response review has a upper limit of 60 days. I spoke with a rep, same news reader response.

leo, it will never get to that, much sooner before you will be thru.

however, let me tell you, the 60 days you talk about, in my opinion, is just to block people from asking about case status inquiries in the meanwhile. It does not mean its guaranted that in 60 days they will be done with your case, it means that if you dont hear from them, don't bother for 60 days to grab them, after 60 days elapsed you can inquire, open service request etc.

[leo07]

Thanks for information.

leo, it will never get to that, much sooner before you will be thru.

however, let me tell you, the 60 days you talk about, in my opinion, is just to block people from asking about case status inquiries in the meanwhile. It does not mean its guaranted that in 60 days they will be done with your case, it means that if you dont hear from them, don't bother for 60 days to grab them, after 60 days elapsed you can inquire, open service request etc.

[leo07]

Thanks indiaeb2!

such a relif. You will get approved soon. God will surely help you for fast approval.


same for you Leo

[99mutd08]

Just received RFE details

For wife it is Flu shot and for me it is Flu shot and Evidence of status for a certain period.

[leo07]

Flu shot is easy, not sure about evidence of certain period. Were you out of status more than 30 days any time?

Just received RFE details

For wife it is Flu shot and for me it is Flu shot and Evidence of status for a certain period.

[TeddyKoochu]

Teddy, what I meant to ask is there an official wait period before you can call and find out about the case status? Ya, looks like Leo just crossed 2 weeks today, I think....

RFE response review has a upper limit of 60 days. I spoke with a rep, same news reader response.

Guys I read the online status more closely it does say exactly what Leo is saying. I do sincerely hope its sooner every day now seems to be so long.

"You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done."

"
If USCIS receives a response, or the time to submit a response elapses, the case shall be returned to its original processing place. Returning the file to the original processing place will normally make the case ready for immediate adjudication."

Thanks Nishant for all the details very helpful to all of us here.

Just received RFE details

For wife it is Flu shot and for me it is Flu shot and Evidence of status for a certain period.

This is an easy RFE flu shot is straight forward your stamped passport, I94 or I797's should help. If you don’t have the I94 now your employer may have the number as they are supposed to file I9 based on the latest I94.

such a relif. You will get approved soon. God will surely help you for fast approval.


same for you Leo

Thank you so much my friend. Leo deserves the approval more than anyone else. Still a lot of Oct filers and 50% Nov filers waiting.

We got the RFE email notification on 16th Feb but still have not received the letter in mail. Has anyone experienced such similar situation?

Call the USCIS 1800# and they should be able to create an SR for you. For any postal delays the SLA is 15 days. Also try to find out what the RFE is so that you can save some time.

[essenel]

Nishant, Teddy, thanks for the info - very helpful...

It seems like TSC has been approving a lot of cases later in the week, particularly Fri and Sat...let's hope there is another burst of activity...

[haripathhi]

We still haven't received the RFE details on my wife's I-485 application. Its been 8 days now since the status online got updated. Getting a little tensed now about this. Our attorney is out of country and hence we can't even follow up with him whether he has received anything.

[nishant2200]

We still haven't received the RFE details on my wife's I-485 application. Its been 8 days now since the status online got updated. Getting a little tensed now about this. Our attorney is out of country and hence we can't even follow up with him whether he has received anything.

Is your attorney local? Is there anyway you can go to office and talk to his assistants or para legals. Generally attorneys work in groups like doctors, the office is belonged to 2-3 attorneys. Just giving you thoughts.

[haripathhi]

Is your attorney local? Is there anyway you can go to office and talk to his assistants or para legals. Generally attorneys work in groups like doctors, the office is belonged to 2-3 attorneys. Just giving you thoughts.

Thanks Nishant. He is local but I think he works by himself (weird I know). On top of that even my company folks don't know much about his para legals. One thing is he's good and really proactive. Word is that he is back next week. I hope its a really easy RFE and that we can send out the info back by next week. So close but yet so far.......keeping our fingers crossed.

[nishant2200]

Thanks Nishant. He is local but I think he works by himself (weird I know). On top of that even my company folks don't know much about his para legals. One thing is he's good and really proactive. Word is that he is back next week. I hope its a really easy RFE and that we can send out the info back by next week. So close but yet so far.......keeping our fingers crossed.

you are welcome. hang in there then. I have seen sometimes lawyer get the RFE, sometimes applicants, don't know what's the logic. If by the next week also nothing, then I think you should have the lawyer call USCIS, lawyers get a more favorable liaison at USCIS and can get better answers from them.

[haripathhi]

you are welcome. hang in there then. I have seen sometimes lawyer get the RFE, sometimes applicants, don't know what's the logic. If by the next week also nothing, then I think you should have the lawyer call USCIS, lawyers get a more favorable liaison at USCIS and can get better answers from them.

Perfect....will do Nishant. Thank you

[99mutd08]

Flu shot is easy, not sure about evidence of certain period. Were you out of status more than 30 days any time?

No..Upon further investigation it was found that my H-1 approval copy for that certain period was missing from the list of documents sent to them

will keep you guys posted!!

[TeddyKoochu]

Thanks so much, Teddy.

I called the USCIS # and opened a SR. We found out from the attorney that the RFE was for flu shots for both. Meanwhile, we have even sent in our RFE responses back to the lawyer. Now the ball is in their court. I am worried that the same thing can happen with Green Card too which comes by general mail.

Call the USCIS 1800# and they should be able to create an SR for you. For any postal delays the SLA is 15 days. Also try to find out what the RFE is so that you can save some time.

The GC itself and EAD comes by priority mail with tracking so it can be tracked. Many people including me have had some kind of mails lost like receipts etc.

For the flu shot I believe that you would get the original reports back and have to send the same back sealed in another envelope. That’s a very quick turnaround approving your case should be a formality.

[leo07]

Great. That should be an easy RFE. Hope you'll be able to send the response soon.

No..Upon further investigation it was found that my H-1 approval copy for that certain period was missing from the list of documents sent to them

will keep you guys posted!!

[haripathhi]

Thanks so much, Teddy.

I called the USCIS # and opened a SR. We found out from the attorney that the RFE was for flu shots for both. Meanwhile, we have even sent in our RFE responses back to the lawyer. Now the ball is in their court. I am worried that the same thing might happen with Green Card too which comes by general mail.

Way2GC, did you never get the RFE request to your address? Reason I ask is that I never got our RFE request and its been over a week now. Planning to talk to the attorney first thing Monday morning. I even thought about calling USCIS up but then thought its best to check with my attorney first.

[drapnvalsad]

today my application status changed as below. (for all dependent also same RFE).
any body in same boat.
what will be (initial evidence) or more documentation/evidence (additional evidence).


On March 3, 2012, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail.

A request for evidence is made when an application/petition is lacking required documentation/evidence (initial evidence) or the officer needs more documentation/evidence (additional evidence) to determine an applicant's eligibility for the benefit sought.

[Way2GC]

No Haripathhi! We did not receive the RFE letter in our mail and it has already been 15 days. After receiving the USCIS email notification, I called the 1800 # to find out what was RFE about but instead they asked to wait 15 days. Meanwhile, we checked with the attorney and they had the RFE letter and the original medical forms. We got to know then RFE was for flu shots marked "not age appropriate" for both of us. So the attorney had those mailed back to us. And we got the RFE response corrected and have sent them out to attorney. Now its in their discretion when to mail those to USCIS. I even opened a SR with USCIS yesterday to have the RFE letter resent.

I would suggest there would be no use calling USCIS now since your 15 days is not over and they would not give a hint about the RFE. Check with the attorney. I am sure they should be having the details. Just hope you get your details soon. Good luck.

Way2GC, did you never get the RFE request to your address? Reason I ask is that I never got our RFE request and its been over a week now. Planning to talk to the attorney first thing Monday morning. I even thought about calling USCIS up but then thought its best to check with my attorney first.

[Way2GC]

Thanks again, Teddy!

We have already sent the corrected medical forms sealed in back to the lawyer. Now we are just waiting for the lawyer to mail those out
If we still have not received EADs by now, does that mean we are going to get both EAD and GC together? Please help me understand.

The GC itself and EAD comes by priority mail with tracking so it can be tracked. Many people including me have had some kind of mails lost like receipts etc.

For the flu shot I believe that you would get the original reports back and have to send the same back sealed in another envelope. That’s a very quick turnaround approving your case should be a formality.

[haripathhi]

No Haripathhi! We did not receive the RFE letter in our mail and it has already been 15 days. After receiving the USCIS email notification, I called the 1800 # to find out what was RFE about but instead they asked to wait 15 days. Meanwhile, we checked with the attorney and they had the RFE letter and the original medical forms. We got to know then RFE was for flu shots marked "not age appropriate" for both of us. So the attorney had those mailed back to us. And we got the RFE response corrected and have sent them out to attorney. Now its in their discretion when to mail those to USCIS. I even opened a SR with USCIS yesterday to have the RFE letter resent.

I would suggest there would be no use calling USCIS now since your 15 days is not over and they would not give a hint about the RFE. Check with the attorney. I am sure they should be having the details. Just hope you get your details soon. Good luck.

Thank you, I shall do the same.

Thanks again, Teddy!

We have already sent the corrected medical forms sealed in back to the lawyer. Now we are just waiting for the lawyer to mail those out
If we still have not received EADs by now, does that mean we are going to get both EAD and GC together? Please help me understand.

As per my understanding the GC and EAD are two different streams, typically, EADs have nothing to do with RFE's. But I personally know of certain friends who obtained their EADs and GCs back-to-back within a span of 2-3 days. Maybe you are one of those lucky ones. Good Luck and God Speed!

[haripathhi]

today my application status changed as below. (for all dependent also same RFE).
any body in same boat.
what will be (initial evidence) or more documentation/evidence (additional evidence).


On March 3, 2012, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail.

A request for evidence is made when an application/petition is lacking required documentation/evidence (initial evidence) or the officer needs more documentation/evidence (additional evidence) to determine an applicant's eligibility for the benefit sought.

Dr.Valsad,

Typically initial evidence points to birth certificate/medical certificate related. Couple of pages earlier (on this same thread) Nishant/Teddy had posted a link wherein this was clearly explained. Kindly look it up. My guess is that your RFE should be straight forward. Good Luck and God Speed.

[drapnvalsad]

Congrates and thank you very much.
for me i am expecting BC RFE.
but spouse and son has no issue with BC.
primary has BC RFE then secondary will also get RFE?
may be all have medical RFE

Dr.Valsad,

Typically initial evidence points to birth certificate/medical certificate related. Couple of pages earlier (on this same thread) Nishant/Teddy had posted a link wherein this was clearly explained. Kindly look it up. My guess is that your RFE should be straight forward. Good Luck and God Speed.

[nishant2200]

Congrates and thank you very much.
for me i am expecting BC RFE.
but spouse and son has no issue with BC.
primary has BC RFE then secondary will also get RFE?
may be all have medical RFE

Man it wud be really crazy a medical RFE to a doctor.

In any case it will be simple, u will be greened in March.