The FY2014 RFE Thread

[vhk2009]

Received email saying RFE is issued for me and my wife. PD : May 2009.

Have an upcoming visit to India for 3 weeks starting from June 25 with H1-B stamping scheduled for 1st week of July. Not sure if I should cancel my trip OR if I should respond to RFE once I am back in US. Will appreciate your opinion/suggestions. Thanks

[aug152008]

Thank you! I think I'll stay with fragomen and keep following up .. why do say I'll be current in Aug though ? my priority date is current per the july visa bulletin , so its current starting July 1 isnt it?

[GCHopes]

There are several folks waiting for an RFE. Give it a bit of time. You will not be current until Aug-1st at the earliest - so there is still some time left.

Thanks for the reply Imdeng! Based on the visa bulletin yesterday I'll be current in July. My question is can pre-adjudicated cases pass through without needing a new medical? Didn't the policy update say that every case (pre-adjudicated or otherwise) will all need a valid medical before being approved? If that's the case I couldn't get greened if I didn't get an RFE?

[imdeng]

You are current in July - I misread your PD.

Thank you! I think I'll stay with fragomen and keep following up .. why do say I'll be current in Aug though ? my priority date is current per the july visa bulletin , so its current starting July 1 isnt it?

[imdeng]

If the RFE is usual EVL+Medical, you can take care of it in just couple of days. Start by setting up and appointment for medical for next week, ask your HR for EVL today - so that you are ready to respond as soon as you get the letter.

Received email saying RFE is issued for me and my wife. PD : May 2009.

Have an upcoming visit to India for 3 weeks starting from June 25 with H1-B stamping scheduled for 1st week of July. Not sure if I should cancel my trip OR if I should respond to RFE once I am back in US. Will appreciate your opinion/suggestions. Thanks

[vishnu]

user on trackitt highlighted getting rfe with Oct 1, 2009 PD!

[shekhar_kuruk]

Your/our best chance of getting current is the sep bulletin.
I think you should visit India and also if you can collect all the documents requested or get the medical done before you leave to India, depends on what is requested in the RFE. Good luck.

Received email saying RFE is issued for me and my wife. PD : May 2009.

Have an upcoming visit to India for 3 weeks starting from June 25 with H1-B stamping scheduled for 1st week of July. Not sure if I should cancel my trip OR if I should respond to RFE once I am back in US. Will appreciate your opinion/suggestions. Thanks

[JackD1]

For medicals you just need to the take the first of the series.

Hey Viz, i m going to the medicals today, i got the old vaccinations records with me. Do u know if i need to take any/all of them again ?

My PD is also 08/2008, hoping this would be our year

[vizcard]

Dates being current for mid-2009 contradicts many calculations (based on best available data of course). My theory is that any 2009 dates made current will only get RFEs this September. You respond to the RFEs with fresh medicals which are valid through October 2015. So any 2009 dates that are current will be greened in Summer 2015 and not in September/October 2014. This approach also gives CO with a latest set of inventory to deal with next year. This approach is feasible only for 2009 when the PERM filings are low. Even if the 2009 dates are not made current in September 2014, they will to be made current and greened next year; so why not issue the RFE now- the medicals that follow will be valid for one year. Thoughts??

There are many folks with 2009 PDs that have already got their RFEs.

[vyruss]

There are many folks with 2009 PDs that have already got their RFEs.

I probably am not getting the logic here. A response to a medical RFE will just reset the clock on the validity of the medicals. It just makes them valid for another year. So technically the GCs for these 2009 data points could arrive a year from now (summer 2015) which would have been the case for 2009 anyway.

[vizcard]

Hey Viz, i m going to the medicals today, i got the old vaccinations records with me. Do u know if i need to take any/all of them again ?

My PD is also 08/2008, hoping this would be our year

Probably not. They did a blood test for me to check for antibodies. If that comes low then you might need to get shots again.

[vishnu]

couple of trackitt users with sep 2009 PDs reported rfe's
earlier i spotted one with october 2009 PD (legit - profile in place for years)


v v interesting!

[vizcard]

I probably am not getting the logic here. A response to a medical RFE will just reset the clock on the validity of the medicals. It just makes them valid for another year. So technically the GCs for these 2009 data points could arrive a year from now (summer 2015) which would have been the case for 2009 anyway.

Some folks have got their RFE. Most likely they will respond in the month of June with 693 dated June 2014. This should expire June 2015. So unless they get current June 1, the 693 expires.

The response doesn't reset the clock. The date of the medical exam resets the clock. So if you get your 693 done today but send the final response in by 6/13, the clock starts on 6/11 and not 6/13. Atleast that's my understanding of the rule.

[vhk2009]

- NSC or TSC?

- Responding to the RFE: You can definitely respond in July once you are back from India and I don't think you will lose anything. If it's a standard EVL/medical RFE, it doesn't need a lawyer. You can send the response yourself in a day or 2. You should get yours in Sept if everything is in order.

....

TSC

sportsfan33, imdeng and shekar_kuruk - Thanks for your suggestions.

[Spectator]

Some folks have got their RFE. Most likely they will respond in the month of June with 693 dated June 2014. This should expire June 2015. So unless they get current June 1, the 693 expires.

The response doesn't reset the clock. The date of the medical exam resets the clock. So if you get your 693 done today but send the final response in by 6/13, the clock starts on 6/11 and not 6/13. Atleast that's my understanding of the rule.

vizcard,

Two one year clocks are in play here:

a) The I-693 must be less than one year old when submitted to USCIS.

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

[22] - 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.

b) The I-693 is valid for adjudication purposes for one year from the date it is received by USCIS.

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

[23] - For example, an Application to Register Permanent Residence or Adjust Status (Form I-485).

[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,

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

The one year clock for USCIS to adjudicate the case starts on the day they receive the new I-693.

Your point is nonetheless valid. People responding in June 2014 are likely to need another new I-693, if they are not approved in the July-October 2014 window.

[vyruss]

Some folks have got their RFE. Most likely they will respond in the month of June with 693 dated June 2014. This should expire June 2015. So unless they get current June 1, the 693 expires.

The response doesn't reset the clock. The date of the medical exam resets the clock. So if you get your 693 done today but send the final response in by 6/13, the clock starts on 6/11 and not 6/13. Atleast that's my understanding of the rule.

vizcard thanks for that clarity. This is all under the assumption that the RFEs are for medicals and not for something else. Talked to a friend who received a notice for FP appointment for his son. His PD is May 2009. I think they need a fresh set of FP for him.

Part of the pessimism in my reasoning stems from the disbelief in the date movement without any numbers backing it. Where are the numbers for this coming from? Every category seems to be more or less used with spillovers limited to less than 10,000. For the dates to move to mid-2009, and actually greened, there is a need for at least 20,000 numbers for regular cases and some more for CP cases. Does anyone have a reasonable grasp on where the excess spillover is coming from?

[sp2008]

Hello,
i am not sure if similar question was asked/answered.
My PD is July 2008. got current come July
Filed for 485 in Jan 2012.
However i have not received RFE for medicals. what do I do?
sit tight and wait for RFE to come through?


Thanks
Satya Uppaluri

[vizcard]

Hello,
i am not sure if similar question was asked/answered.
My PD is July 2008. got current come July
Filed for 485 in Jan 2012.
However i have not received RFE for medicals. what do I do?
sit tight and wait for RFE to come through?


Thanks
Satya Uppaluri

You could try calling the service center and speaking to a L2 Officer.

[ksur23]

vizcard,

Now that you are current in July and have also completed RFE response when do you expect the actual "green" card in mail? Would it be within the first 2 weeks of July?

[qesehmk]

why fix something that is not broken. Wait and receive your GC in July. My guess is week 2 or 3 of July u should be greened. Good luck!

Hello,
i am not sure if similar question was asked/answered.
My PD is July 2008. got current come July
Filed for 485 in Jan 2012.
However i have not received RFE for medicals. what do I do?
sit tight and wait for RFE to come through?


Thanks
Satya Uppaluri

[imdeng]

Ahhh.... the clarity of a Spec explanation. It is beautiful.

vizcard,

Two one year clocks are in play here:

a) The I-693 must be less than one year old when submitted to USCIS.



b) The I-693 is valid for adjudication purposes for one year from the date it is received by USCIS.



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

The one year clock for USCIS to adjudicate the case starts on the day they receive the new I-693.

Your point is nonetheless valid. People responding in June 2014 are likely to need another new I-693, if they are not approved in the July-October 2014 window.

[imdeng]

Whoa There!!! So I am not crazy to look up USCIS case status every day to see of there is a LUD/status change :-) I wouldn't mind getting RFEs this year even if I don't become current this FY - IF that means that I would not get RFEs for EVL/Medical next year when I do get current (hopefully).

couple of trackitt users with sep 2009 PDs reported rfe's
earlier i spotted one with october 2009 PD (legit - profile in place for years)


v v interesting!

[vishnu]

friend of mine received an RFE via email just minutes ago (dont' know anymore details) - his pd is October 2009!

[imdeng]

Could you please find more details and post here, as they become available. What is the RFE for, was there a LUD/Status change before the email etc.

Update - with Vishnu's earlier report of Sept'09 and Oct'09 RFEs, this seems like confirmed and definitive. I am pretty stoked by this development.

Q - I completely understand. I got carried away and you did the right thing.

friend of mine received an RFE via email just minutes ago (dont' know anymore details) - his pd is October 2009!

[prodigy_max4]

Just got an email informing of an RFE - presumably this is for the medical renewal. Priority date is 6/29/09...