Medical Exam (I-693) Validity Policy Change Discussion

[sreddy]

My wife is leaving to India by May month mid. My PD is Feb 2009. We have another 2 weeks of time to do the medicals before she leaves. I checked the current I693 form which is valid until 01/15.

Let us say if we do the medicals before she leaves, can we use the same sealed envelope to address the medical RFE [if the RFE is before Sep 30].

I know the medical report is valid for 1 year. Will this plan workout. This will help us to not change the planned schedule which is Aug-4 back to USA.

Gurus, kindly pour your thoughts/ideas ASAP.

According to my conversation with my employer's law firm, yes. You can go to the same doctor that you visited before to make it more simpler, and submit paper work well in advance. I think you should talk to your law firm once . They are the ones receiving RFE, and responsible for responding the same.

Other thing to note, they will have 80 days to respond to the RFE. So if she is coming back in June/July, no harm in waiting.

Other option that I can think of, USCIS has approved medical practitioners all over the world. You can get it done in India as well, and send it to your law firm directly in FedEx.

[JJcalifornian]

Is there a way we can send out the medicals to USCIS even before we receive an RFE, so that by the time they pull out the file they ll see a valid medical report for adjudicating I485; if so any idea to which address we will be sending out the I693 as it's not telling where we can send it out. I guess we should be able to send out the same po box as I765 renewal.

[sreddy]

I think you should never overfeed them, and buy trouble. if you have a situation where you are not going to be in US around June/July, provide info to your law firm in advance, and let them respond. That's my take.

Is there a way we can send out the medicals to USCIS even before we receive an RFE, so that by the time they pull out the file they ll see a valid medical report for adjudicating I485; if so any idea to which address we will be sending out the I693 as it's not telling where we can send it out. I guess we should be able to send out the same po box as I765 renewal.

[JJcalifornian]

Thanks Sreddy

[triplet]

Looks like Medicals are set to expire, it is official. (Not sure if this has been already been posted on the forum)
http://www.uscis.gov/policymanual/Up...3Validity.pdf#
(from http://immigration-law.com)

[smuggymba]

Poor lawyers worked very hard lobbying this. Just another feather in our misery cap.

[helpful_leo]

Qs to those knowledgeable here. The new USCIS memo here says:
"The revised policy becomes effective on June 1, 2014, and applies to any Form I-693 supporting a benefit application adjudicated on or after that date."

Is it possible that the new medical policy is not applicable to cases that have already been pre-adjudicated before May 30, 2014?

Also, can I get the medical exam done before receiving the RFE on a pending application, so that I have it ready to submit as soon as I get the RFE? There is the risk of wasting money, but are there any technicalities that prevent such a I-693 from being accepted?

Thanks!

Looks like Medicals are set to expire, it is official. (Not sure if this has been already been posted on the forum)
http://www.uscis.gov/policymanual/Up...3Validity.pdf#
(from http://immigration-law.com)

[MATT2012]

Qs to those knowledgeable here. The new USCIS memo here says:
"The revised policy becomes effective on June 1, 2014, and applies to any Form I-693 supporting a benefit application adjudicated on or after that date."

Is it possible that the new medical policy is not applicable to cases that have already been pre-adjudicated before May 30, 2014?

Also, can I get the medical exam done before receiving the RFE on a pending application, so that I have it ready to submit as soon as I get the RFE? There is the risk of wasting money, but are there any technicalities that prevent such a I-693 from being accepted?

Thanks!

All pre-adjudicated applications will go through the final adjudication process. So it will be applicable to almost all EB2I pending cases. Don't do the medical exam before receiving the RFE, unless you want to do the whole form again. Some Surgeons prefer only to add to the existing form.

[Spectator]

Qs to those knowledgeable here. The new USCIS memo here says:
"The revised policy becomes effective on June 1, 2014, and applies to any Form I-693 supporting a benefit application adjudicated on or after that date."

Is it possible that the new medical policy is not applicable to cases that have already been pre-adjudicated before May 30, 2014?

Also, can I get the medical exam done before receiving the RFE on a pending application, so that I have it ready to submit as soon as I get the RFE? There is the risk of wasting money, but are there any technicalities that prevent such a I-693 from being accepted?

Thanks!

My opinion.

Pre-adjudication is not adjudication. One results in permanent residency being granted, the other doesn't and the inadmissibility only related to the ability to approve the case and use a visa number.

According to the policy, the I-693 should not be more than one year old at the time USCIS receives it

The medical examination report was submitted to USCIS less than one year after completion of the examination;[22]

Footnote 22 says:

USCIS will use the date the Form I-693 was signed by the civil surgeon (including blanket-designated health departments and military physicians) to determine whether the report was submitted less than one year after completion of the examination.

It then also says:

The benefit application[23] is adjudicated no more than one year after the date the medical examination report was submitted to USCIS;[24]

Footnote 24 says:

USCIS will use the date that USCIS received the Form I-693 to determine whether the medical examination report is more than one year old at time of adjudication of the benefit application. Although the medical examination report is generally valid for adjudicatory purposes up to one year after filing, the officer may order an additional immigration medical examination at any time if he or she has concerns as to an applicant’s inadmissibility on health-related grounds. For more information, see Chapter 11, Inadmissibility Determination, Section C, Other Information.

There are actually 2 one year clocks in play - one for validity of the submission to USCIS, then one for validity from when USCIS receive the form.

To answer your question, yes, you can get the Medical Exam and I-693 completed prior to any RFE. The I-693 must be submitted to USCIS within one year of the examination to remain valid. The I-693 will remain valid for USCIS adjudication purposes for one year from when USCIS receive it. In an extreme case, the I-693 could be almost 2 years old and still be valid.

[helpful_leo]

Thanks Spec for the response.

My understanding is that the surgeon gives me the completed and sealed I-693, and I can post it to USCIS as soon as I get the RFE.

I am December 2008 PD. I know its not a given yet - but likely - that I may be current this time around. If I obtain the I-693 before the RFE, I risk the possibility that I am not current this time and wasted the money and effort, as the I-693 will likely be invalid when I am current the next time around.

Am I reading the situation correctly or are there other issues involved?

To answer your question, yes, you can get the Medical Exam and I-693 completed prior to any RFE. The I-693 must be submitted to USCIS within one year of the examination to remain valid. The I-693 will remain valid for USCIS adjudication purposes for one year from when USCIS receive it. In an extreme case, the I-693 could be almost 2 years old and still be valid.

[helpful_leo]

Thanks Matt for the response.

I didn't entirely understand you. As long as the date is within 1 year, why should USCIS have a problem if I obtained the I-693 before receiving the RFE? And the part about surgeons - add to which existing form (since the expired I-693 is not with us anymore)?

All pre-adjudicated applications will go through the final adjudication process. So it will be applicable to almost all EB2I pending cases. Don't do the medical exam before receiving the RFE, unless you want to do the whole form again. Some Surgeons prefer only to add to the existing form.

[MATT2012]

Thanks Matt for the response.

I didn't entirely understand you. As long as the date is within 1 year, why should USCIS have a problem if I obtained the I-693 before receiving the RFE? And the part about surgeons - add to which existing form (since the expired I-693 is not with us anymore)?

From USCIS side, all that they would care about is whether I-693 is issued within a year. When USCIS issues an RFE for I-693, the old I-693 will be in that packet.(This was the case atleast until this new set of RFEs started). The surgeon will just administer appropriate tests and add results to the same form and sign next to be new additions together with the new date.

I once had a medical RFE, and I wanted my surgeon to fill in a new form. Surgeon was particular about just adding the new test in the old form. Infact my Surgeon even asked about the Gold Sheet as she was fully aware of the process.

[Spectator]

Thanks Spec for the response.

My understanding is that the surgeon gives me the completed and sealed I-693, and I can post it to USCIS as soon as I get the RFE.

I am December 2008 PD. I know its not a given yet - but likely - that I may be current this time around. If I obtain the I-693 before the RFE, I risk the possibility that I am not current this time and wasted the money and effort, as the I-693 will likely be invalid when I am current the next time around.

Am I reading the situation correctly or are there other issues involved?

helpful,

Perhaps, but not necessarily.

The policy says:

Timing of the Submission of the Medical Examination Report

The medical examination report may be submitted to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but prior to the adjudication of that application; if not filed concurrently with the immigration benefit application, USCIS encourages applicants to wait until USCIS requests the medical examination report before submitting it.

Note it only says:

if not filed concurrently with the immigration benefit application,USCIS encourages applicants to wait until USCIS requests the medical examination report before submitting it.

rather than the I-693 can only be submitted once an RFE has been received. I don't really see that there is any difference between not filing concurrently (which will now be an option for new filers) and the filing of a new I-693 because the existing one has expired.

Hypothetically, if you didn't receive an RFE, you could wait nearly 12 months after the examination date to send the I-693 to USCIS. It would then have a further 12 months validity once received by USCIS, so you could get nearly 2 years of validity for the I-693. That would cover FY2014 if sent fairly soon and the FY2015 adjudication period if sent later, but wouldn't stretch quite to the end of FY2016.

I'm not suggesting that approach. I have seen posts from the past that suggest that USCIS do not like the I-693 sent when they have not sent an RFE so YMMV if you chose that approach.

[vizcard]

From USCIS side, all that they would care about is whether I-693 is issued within a year. When USCIS issues an RFE for I-693, the old I-693 will be in that packet.(This was the case atleast until this new set of RFEs started).

I don't think the old 693 is being included in the RFE notice (atleast wasn't in mine). I did have a copy of the previous one so that served as my vaccination records.

[whythewait]

Received RFE text/email. If it turned out to be I-693 related, then is there something one need to know for pregnant women?

[Spectator]

Received RFE text/email. If it turned out to be I-693 related, then is there something one need to know for pregnant women?

whythewait,

I have just taken this reply from Trackitt.

Does a pregnant AOS applicant usually have to wait until after pregnancy to clear medicals related to this RFE?
Which would mean forever since the dates will retrogress before TB & other tests can be retaken.

Or do they use common sense in such situations?

http://www.uscis.gov/news/questions-...n-requirements

Q. I am pregnant and do not wish to receive any vaccinations. Do I still have to get them to be able to obtain permanent resident status in the United States?

A. If you are pregnant, the CDC's Technical Instructions direct the civil surgeon how to evaluate the vaccines you are able to receive during pregnancy. If the civil surgeon cannot safely administer a required vaccine, he/she will annotate the Form I-693 by marking the vaccine as contraindicated. See link to the right for information on pregnancy and vaccinations in general.

CDC link referenced above http://www.cdc.gov/vaccines/pubs/preg-guide.htm

Also see http://www.uscis.gov/archive/archive...ustment-status but note this is now fairly old and I do not know if the chest x-ray requirement below has changed. I doubt it - not much has changed since November 1, 2009.

Q. When is a chest x-ray required?

A. Every applicant is required to undergo a chest x-ray if one of the following applies:

The applicant has a TST reaction of 5mm or greater of induration (including pregnant or possibly pregnant individuals)

The applicant has a positive IGRA result (including pregnant or possibly pregnant individuals)

The applicant was not required to undergo the TST or IGRA testing because of the exceptions specified in the TB Component of the Technical Instructions for the Medical Examination of Aliens in the United States (May 2008), and its update, applied to the applicant

The applicant has signs or symptoms of TB (regardless of the initial testing result)

The applicant is immunosuppressed (regardless of the initial testing result)

Q. If a chest x-ray is required, will USCIS accept Form I-693 without the full and formal chest x-ray report?

A. No. If a chest x-ray is required, the TB Component of the Technical Instructions for the Medical Examination of Aliens in the United States (May 2008), and its update require the civil surgeon to submit a full and formal chest x-ray report. The instructions for Form I-693 direct the civil surgeon to give the applicant a copy of the results of any testing conducted in relation to Form I-693 and a copy of the Form I-693, as submitted to USCIS.

Pregnancy per se does not stop the I-693 from being completed. If the applicant refuses a test that is deemed safe by the CDC, the I-693 cannot be completed and the I-485 could not be approved at that time.

It would be the applicant's choice to wait until later, if that is their preference.

[Spectator]

Some notes taken from today's teleconference on the I-693 policy change that were posted on Trackitt by H1bguru.

I registered for the nationwide teleconference today and thought I will share some updates from it regarding I-693 change:

It looks like if you already applied for I-485 before May 30, 2014, you medical is not valid anymore (if it lost its 1 year validity). Everyone who filed I-485 in 2012 or beyond can expect RFE from their service centers.

• USCIS is making this change as per the request from CDC and they are also planning to change the I-693 form in Jan 2015.

• We have been asked to wait for the RFE and schedule a new medical exam and re-submit the medicals with other evidence as requested.

• Sending a medical exam before RFE is no way going to help them link your new I-693 medical with Alien number.

• There was a question from a person regarding RFE response and Retrogression: What happens if you receive RFE on the last day when the date is current and if you had already completed medical and had no time to respond to RFE before it retrogresses. Are they going to work on your case after it retrogresses or Is the medical submitted for RFE is going to be valid??? This person was asked to email USCIS.

[imdeng]

Did the trackitt poster mean May 30, 2013? That would account for them being more than 1 year old and hence not valid anymore.

Some notes from today's teleconference on the I-693 policy change that were posted on Trackitt by H1bguru.

[Spectator]

Did the trackitt poster mean May 30, 2013? That would account for them being more than 1 year old and hence not valid anymore.

I think what they meant was:

After May 31, 2014 (when the last I-693 extension expired), any Medical that is more than one year old (since submission to USCIS) will no longer be valid for adjudication purposes.

A new I-693 will be required.

[Spectator]

Another answer to a question in the teleconference confirmed that the Medical Examination for AOS applicants I-693 can only be performed by a USCIS designated Civil Surgeon while physically present in the USA.

It cannot be performed abroad by a DOS designated Panel Physician.

One of the question is regarding: what happens if my wife and kids are visiting their parents or some medical emergency and if primary applicant is in US and got RFE in hand. Should the spouse and kid of the primary applicant visit nearest Consular processing and get their medical done through consulate abroad. Answer is No. They have to be physically present in US to get their medical done.
http://www.trackitt.com/usa-discussi...pdated/page/27

[krookbond]

It may be possible that they will go back to extending medicals every one year from next year.

[vizcard]

It may be possible that they will go back to extending medicals every one year from next year.

possible. As I understand it, its not completely up to the USCIS to determine that. The CDC has a major say in that.

[smuggymba]

Why are they sending medical RFEs is anyone's guess.

The lawyer lobby must have met with USCIS and requested them to do something so the money gods smile on them. simple.

there is no rhyme or reason for medical RFE's - people are already here and can care of TB or other stuff via their medical insurance.

[NewHope]

Hi Gurus,

I am new member, I have a question on medical validity, my PD 09/2009, I received RFE for Medical & EVL in the month of july, took test during july, 2014 and responded RFE in the first week of August, 2014, will my new medical expire in july or August? I am now worried that i may have to redo medical next year same time.

Please advise.

[Spectator]

Hi Gurus,

I am new member, I have a question on medical validity, my PD 09/2009, I received RFE for Medical & EVL in the month of july, took test during july, 2014 and responded RFE in the first week of August, 2014, will my new medical expire in july or August? I am now worried that i may have to redo medical next year same time.

Please advise.

Your medical will expire (for adjudication purposes) one year from the date USCIS received the I-693 (i.e. August 2015).

[24] USCIS will use the date that USCIS received the Form I-693 to determine whether the medical examination report is more than one year old at time of adjudication of the benefit application. Although the medical examination report is generally valid for adjudicatory purposes up to one year after filing, the officer may order an additional immigration medical examination at any time if he or she has concerns as to an applicant’s inadmissibility on health-related grounds. For more information, see Chapter 11, Inadmissibility Determination, Section C, Other Information [8 USCIS-PM B.11(C)].

http://www.uscis.gov/policymanual/HT...-Chapter4.html