2013 RFE Frenzy

[sandyn16]

With my application I am a bit confused. Any suggestions will be appreciated

I got RFE but for my wife, have not received letter yet.

My priority date is eb3 2003

A same time my wife has her 140 eb2 pd July 2006 approved and going to interfile wiith mine once bulletin out and assume dates get current.

So now if the RFE is like what others have received like EVL , then what do I show for dependent

Show my EVL or hers from her company

[indiani]

several PD april 2008 and beyond TSC applicants didnt get RFE, so I guess no GC for them this fiscal year.

This is one of the very few times in uscis history where RFE is "some good news" .

I am not making any conclusion but trying to see logic behind why only until march 2008 for RFE's.

[GCKnowHow]

With my application I am a bit confused. Any suggestions will be appreciated

I got RFE but for my wife, have not received letter yet.

My priority date is eb3 2003

A same time my wife has her 140 eb2 pd July 2006 approved and going to interfile wiith mine once bulletin out and assume dates get current.

So now if the RFE is like what others have received like EVL , then what do I show for dependent

Show my EVL or hers from her company

In your case you will be the dependent and she will be the primary. It doesn't matter whether you have a job or not. So you should use your wifes EVL as she will be replying RFE on her pending I-485. Once the her PD is current then you can send in yours.

[sandyn16]

I forgot to mention that she is also dependent in my 485 application and the RFE is on her dependent application not on her eb2

[SmileBaba]

I forgot to mention that she is also dependent in my 485 application and the RFE is on her dependent application not on her eb2

Your situation needs professional help. Consult a good Attorney.

[SmileBaba]

I am porter and did not receive any rfe so far but my wife (dependent) received rfe.

Hi! Shouldn't year of activity "USCIS issued new (notice of approval) I140 with EB2 category and PD Dec/21/2007" in your signature be 2012? Just wondering..

[jackbrown_890]

AILA posted this today:
AILA Liaison is aware that TSC began issuing boilerplate RFEs on employment-based I-485 applicants in mid-June. AILA Liaison has contacted TSC for clarification and will post any additional information received to InfoNet.
AILA Doc. No. 13061843.

Does anyone know an attorney who has access to this document or any future posts?
ty

[rajkraj]

RFE --- Sample document

http://www.laborimmigration.com/wp-c...E-Redacted.pdf

[bvsamrat]

I agree. The language in the letter stresses this - replying soon will help if visas are available.
But the fear psychosis is too much - I see the list of documents to be sent - all most evry thing?

several PD april 2008 and beyond TSC applicants didnt get RFE, so I guess no GC for them this fiscal year.

This is one of the very few times in uscis history where RFE is "some good news" .

I am not making any conclusion but trying to see logic behind why only until march 2008 for RFE's.

[desitiger]

If the dates are going to move "best case" to Feb 2008 then why issue RFE's for any date beyond Feb 2008. Is it random or is there any logic behind it?

[gcq]

But RFE may cause worry to some people who might be on EAD shifting jobs as consultants (such as company A to B to C etc.) and may not be in a position to provide EVL in time and some may be out of USA also.
It all depends on how many% and these might include porters also ? and these might determine the COD progression beyond expected dates in September VB

You seem to be focusing all the time on consultants. Get over it. What a fancy speculation !

[longwait100]

Finally our law firm has received the RFE letters....hurray!....now the difficult part...pushing them to respond ASAP...lot of inertia you know since they are one of biggest immigration law firms in the world!

[vizcard]

Not sure what the breakdown is between pre-March 2008 and March+Post March 2008 cases that have received RFE. The sample set that is available to us is from trackitt or this forum, which may or may not be right representation of the complete set. I am not trying to argue for the dates to move beyond March, I would love if they go beyond march but I am just trying to understand the logic that why would someone issue an RFE beyond x date when you know that x is the max you can go to. I understand x+1 move to build up some buffer in case all RFE's dont get a response but dont understand why would you do x+10. This gives me two indications:
1) The automated system that is or was generating the RFEs was not given a End date and was only given some other parameters/conditions.
2) There is something missing that we dont understand.

The automated system does notification...its the processing officer that makes the call on RFE.

As far as going beyond Feb...there was an article a while back about how the USCIS actually works...there are boxes of cases that officers pull off a shelf (literally). So there might be a few March cases in the Feb box. just another theory.

[indiani]

Sending the evidence quickly might not have an impact on the date of GC issuance, if the difference is for a few days.
I am using attorney and most likely it might be next week that attorney will be able to send the evidence,
as I think the USCIS might just pre-adj after they get response or keep the RFe response in our file and review in aug/sept.,

any advantage if we are able to send few days earlier?

even though I had everything I needed, attroney got RFE, so I asked them to send response, just to make sure I am not missing anything and also in case problems arise in aug/sept. I can have them contact uscis.

[bvsamrat]

What ever may be the reason, if there is always a chance that few % demand cases will miss bus due to delay or inability to respond in time. This would cause upward shift beyond predicted dates ie.. 2nd half of 2008.

You seem to be focusing all the time on consultants. Get over it. What a fancy speculation !

[ontheedge]

So the mass produced RFE was received today, and of course it asks for EVL for my spouse and child. A few questions -

1. Since my spouse is employed, should we send an EVL anyway?
2. Since they have requested the latest I-94s (albeit related to continuous employment which doesnt apply to her), should we wait for her to come back from a trip to India? She is leaving on 6/29 and coming back on 7/16. If we send in the current I-94, there are chances that the RFE response may not be reviewed before she comes back with a new I-94. Is that a potential RFE again?

Cancelling the trip is not a welcome option as she is travelling for a parent's surgery.

Any insight is greatly appreciated. I hope responding after 7/16 doesnt result in another inordinate wait.

[gcq]

What ever may be the reason, if there is always a chance that few % demand cases will miss bus due to delay or inability to respond in time. This would cause upward shift beyond predicted dates ie.. 2nd half of 2008.

All of these cases will respond in time and they all will be approved. Moreover 2008 is already far fetched. IMO dates won't move to 2008. I myself know lot of people from 2007 who were not approved last time due to USCIS mishandling of priority dates. There were a whole bunch of 2007 filers whose files were totally missed by USCIS. Instead they went on approving 2008 cases. So there is lot of backlog of 2007 cases.

[Kanmani]

ontheedge,

I-94 policy has been changed recently, there is no need for the CBP to handle physical I-94, If your wife submits the last I-94 on June 29, there won't be any new card delivered on her return journey at the port of entry. They are going to maintain electronically.

This policy is very recent and I have very little info, you may have to ask your attorney for further details whether this policy has significance in your case.

Note: Don't take this as a legal advice.

[Kanmani]

ontheedge,

On further digging into the matter, we should download the I-94 from the CBP website for our other purposes. No need to submit on Air/Sea departure.....https://help.cbp.gov/app/answers/det...id/1688/kw/i94

For Further information find the following links

http://cbp.gov/xp/cgov/travel/id_vis..._instructions/
http://cbp.gov/xp/cgov/travel/id_vis...ule_update.xml

Looks like the above information is of no use in your case!

[ontheedge]

ontheedge,

On further digging into the matter, we should download the I-94 from the CBP website for our other purposes. No need to submit on Air/Sea departure.....https://help.cbp.gov/app/answers/det...id/1688/kw/i94

For Further information find the following links

http://cbp.gov/xp/cgov/travel/id_vis..._instructions/
http://cbp.gov/xp/cgov/travel/id_vis...ule_update.xml

Looks like the above information is of no use in your case!

Thanks, Kanmani. As always, you have a wealth of information. I was aware of the new procedures, and I spoke to a lawyer who seemed to think submitting an older I-94 with the RFE, and then the officers seeing a new I-94 in the system *may* be an issue. I cannot comprehend why, though. If the RFE response is received by the Service Center before my wife travels, shouldn't it be clear that the I-94 current at the time of response was provided? I'm just leery of sending my RFE response now, and my wife and son's later. The whole dilemma is centered around the unknown - when will the RFEs be picked for processing? Immediately or in a month or so?

[indiani]

The massive RFE's are non-sensical and here is why:

1. why don't they have h-1B and EAD's issued in their system ( don't have have some sort of evidence in some govt. system when issued and then why not share? )
2. many don't need to prove again ( who send 1st RFE for EVL 6 months ago )
3. some jobs you don't need to worry abt continued eligibility for anyone with some common sense
4. identical RFE's asking 2 year old for EVL is a JOKE!!

[indiani]

I have a feeling that once RFEs are received USCIS will start clearing the cases up to Feb 2008. He has included some March cases so that in case some RFEs are not cleared no visas are wasted. I think it is a smart way to do things this time around. Nobody who is not in US for whatever reason does not get a visa at the same time all law firms are happy with more revenue(at least my law firms has clearly indicated that they would charge)

everything in this country is done to help lawyers b'cos they are the ones who make laws ( most politicians are lawyers ) and in fact all laws are written by capitol hill lawyers.

They get paid to lie sometimes, I would have spent directly and indirectly 50K+ on lawyers

[Kanmani]

Ontheedge,

From the moment I learnt the new I-94 policy to this day, until my first post, I thought there is going to be no role of I-94 in the uscis correspondences hereafter. But after gone through that download option for other purposes, concluded that they ain't going to get rid of it .

Yes you are correct, I doubt they might check the RFE response date with that of recent travel date, there are chances that they will look for the latest I-94 even though it already exists in their system. Strange procedure.

One piece of advice is send the response all at once, family files are kept together in the same box, as per the article. referred above by vizcard .

I don't know what to say, its finally your decision, but July 16 is not too late to reply, at least 2 more weeks left to reach August 1st.

[druvraj]

Indiani,

Let me try to address some of your points.

3 & 4 although correct for a customer/outsider is actually a administrative nightmare. It is easy to just send out RFE for all and when the time to issue visa comes officer can make a subjective decision like 2 yr old no EVL fine or if Doc really don't need to check continued eligibility.

on your point 1 -> you are talking about intra-department(different cities) communication and we all know how well these non-critical departments are efficient. So again in order to use all the visas effectively ask every who are within striking distance of the expected spillover prove again your credibility and we will issue you a GC.

Mind you all law firms will actually like this as this is more revenue for them when most of the work will be taken care by the paralegal and the attorney will look at 1 case for approx 2-5 mins.

[indiani]

Indiani,

Let me try to address some of your points.

3 & 4 although correct for a customer/outsider is actually a administrative nightmare. It is easy to just send out RFE for all and when the time to issue visa comes officer can make a subjective decision like 2 yr old no EVL fine or if Doc really don't need to check continued eligibility.

on your point 1 -> you are talking about intra-department(different cities) communication and we all know how well these non-critical departments are efficient. So again in order to use all the visas effectively ask every who are within striking distance of the expected spillover prove again your credibility and we will issue you a GC.

Mind you all law firms will actually like this as this is more revenue for them when most of the work will be taken care by the paralegal and the attorney will look at 1 case for approx 2-5 mins.

Everything you said make perfect sense