The FY2014 RFE Thread

[geniusmag]

Thanks for the help guys , I will goto another CS and request him to go by the blood work lab results instead of subjecting myself to another skin test. That may be quicker

[helpful_leo]

Hi Guys, Can someone please comment on my medical situation below.

I went to this doctor who did a TB skin test , 36 hours letter he read the test as positive, while I thought it was some redness but he read it as 15 mm induration and asked me to immediately go for chest X ray at one of the labs that he recommends. I was a bit surprised because 2 years ago I had a negative skin reaction ( at another CS )and and I have never traveled outside since then. Anyways I went to the radiology that he suggested for X ray, after multiple follow ups I get a report that says " No pulmonary disease " but the doc is not satisfied due to some other verbiage in the xray report and now wants me to go see a specialist of his choice. I resisted and asked him for a repeat x ray or a blood test. He agreed for a blood test at lab in his clinic. I was wary of the clinic in his lab and instead went to an independent lab, I obtained the results directly from lab in a day and it says NEGATIVE. Now I am calling this doctor time and again since last 2 days and he continues to say that he has not got the report and he has no account at Lab Corp to get the report !!. I have already wasted enough money, time and sleep over unnecessary tests. What would you guys recommend me to do now ?

Please suggest me what should I do now. Even if I get him to see my results and sign off the form , he may mark that I he administered both TB skin test as well as blood test which it appears is against the policy as The USCIS for I 693 form says " only one initial methodcan be used for initial screening ". In my case I had to do both - so how should the doc mark the form now .

or am I left with no other option but to spend money on another CS now ? Please suggest

I agree with others that going to another CS may be smarter in your situation. Also, if I were you, I would not risk a second skin test and rather tell the new CS that you'd like to repeat the blood test. If he is a nice guy, he may also allow you to use the blood test result you already have.

I am not 100% sure that the CS is trying to fool you. The skin test needs to show 'induration' and it may be easy to miss if you don't look at these things often. It is also possible you were negative 2 years ago and "converted" only recently, even if you haven't traveled abroad. In short, you may truly be skin test positive but blood test negative - so the latter is your smarter test for USCIS purposes.

I am both skin & blood test positive, but CXRay negative, and got new I-693 without a problem.

[qesehmk]

I am both skin & blood test positive, but CXRay negative, and got new I-693 without a problem.

Thanks Leo.

Yes indeed Indians tend to get false positives on TB test. Nothing to worry for most of them. X ray generally turns out negative.

[RMS_V13]

Viz, RMS.

I've taken the congressman route. I just now faxed a letter along with my 485 details to my local congressman's office. They told me that they will assign it to a case worker and begin working on my case. Lets see what happens.

We never know what will work unless we try.

Hi Venkat

If it was NSC, I would have done the congressman route. TSC is obviously not processing cases or too slow for some administrative reason. I am going to give it 3 more weeks, when my RFE date would be 60 days and then contact.
Thanks

[geniusmag]

I agree with others that going to another CS may be smarter in your situation. Also, if I were you, I would not risk a second skin test and rather tell the new CS that you'd like to repeat the blood test. If he is a nice guy, he may also allow you to use the blood test result you already have.

I am not 100% sure that the CS is trying to fool you. The skin test needs to show 'induration' and it may be easy to miss if you don't look at these things often. It is also possible you were negative 2 years ago and "converted" only recently, even if you haven't traveled abroad. In short, you may truly be skin test positive but blood test negative - so the latter is your smarter test for USCIS purposes.

I am both skin & blood test positive, but CXRay negative, and got new I-693 without a problem.

Well if you can truly be both - skin test positive and blood test negative - then practically you do not have TB as the negative blood test rules both latent and active TB. Now if I did recently "convert" , the blood test should have been positive. Anyways, I agree with you I need to use the blood test result in my I 693 - either through same CS or a different one.

[imdeng]

Q - Maybe we need to end the ban on the sequence of letters that make "h****enkat" and "****isited" appear as *s :-) I assume these were a version of Hiya Venkat and I did visit.

The days of heated discussion about the issue are behind us. I don't think I have seen a reference in last several months.

[qesehmk]

Q - Maybe we need to end the ban on the sequence of letters that make "h****enkat" and "****isited" appear as *s :-) I assume these were a version of Hiya Venkat and I did visit.

The days of heated discussion about the issue are behind us. I don't think I have seen a reference in last several months.

imdeng - it needs to be reciprocal. But I understand what you are saying and so I at least removed some of the stuff that would generate such gibberish as above!

Sorry we can't reverse it but going forward there wouldn't be as much gibberish!

[RMS_V13]

Make sure your representative has not voted down any immigration bills. That's what I would do.

[PD2008AUG25]

Guys,

Sorry if this question is being repeated.

Can someone point to me how to contact Congressman/Senator for escalation of the case?

****isited the field office today. The person at the window was nice but he had no more information than what I had heard from a tier 2 on the phone. The only extra tidbit was that my case was assigned to an officer on 7/12 and no remarks were noted. He told me usually without any remarks, the case is clean and is simply waiting for a visa number. I however told him about the lack of medical RFE and he said he couldn't say why I didn't receive any, and I should directly contact TSC.

I feel like I am running against time here. I don't know what to think of this. I would like to believe I would be greened without an RFE but there is no anecdotal evidence of that. In fact, a majority of folks who have responded to RFEs a month ago are still waiting.

I want to escalate without waiting any further. Any pointers to how the contact should be made will be appreciated.

Your local congressman and senator's web page will have information about seeking help from federal agency.

For e.g this is for VA http://www.warner.senate.gov/public/...ederalagencies

You should follow directions there. If possible, visit their local office and explain your problem. At least call them before sending your Constituent Service form. Such form is required by all Congressman/Senators. Form will also ask for SSN and other case details. Also explain them you are no looking for canned response from SC congressional liaison.

I would wait for Friday, as you will be current and without RFE, no 60-day wait period applies to your inquiry or congressional inquiry done for you.

Actually, your case has more merit than people who got RFE. On Friday, your case will be current, will be pending for more than two years and that is well outside of normal processing time. I wouldn't mention lack of RFE to Congressman/Senator, simply that your application is pending for more than 2 years.

[helpful_leo]

Well if you can truly be both - skin test positive and blood test negative - then practically you do not have TB as the negative blood test rules both latent and active TB. Now if I did recently "convert" , the blood test should have been positive. Anyways, I agree with you I need to use the blood test result in my I 693 - either through same CS or a different one.

Yes, skin test positive and blood test negative effectively rules out latent TB, but from what I have read of USCIS recos, they do not have guidance to CS for this particular scenario.

AFAIK, PPD conversion has historically been used in reference to the skin test (from negative to positive), and does not necessarily have implications for the blood test.

Btw, I am not entirely sure if skin test positive and blood test positive definitively means latent TB (understanding about the blood test is evolving, although their marketing says yes).

For USCIS purposes, you only need to show 1 test (I showed positive skin test, and followed up with negative CXRay).

[Kanmani]

Someone in trackitt posted that he received reply from the Senator/Rep's office saying, TSC is processing cases on RD basis and asked him to wait for his turn. I tried to match up with the approval list, the RDs' are all over the place, particularly 2012 filers got random approvals irrespective of RD. Why do they pass wrong information to Reps?

[RMS_V13]

Someone in trackitt posted that he received reply from the Senator/Rep's office saying, TSC is processing cases on RD basis and asked him to wait for his turn. I tried to match up with the approval list, the RDs' are all over the place, particularly 2012 filers got random approvals irrespective of RD. Why do they pass wrong information to Reps?

I have a friend who got his GC intra company transferee. He filed with NSC and was frustrates that it took a year to approve his GC, where as his colleagues who applied to TSC got it in 3 months.

No matter how crazy it sounds, TSC is purposely slow with EB2I to clear other backlog. This trend will continue for another month and they will scramble to approve cases. By then 2009 PD will be in the mix as well and approvals will be all over the board art PD..

One more conspiracy theory. May be all apps are on Additional review to buy more time? I see posts on track it abt extended and addnl review on several SRs.

[geniusmag]

Hi gurus,

I have another question regarding the current mass RFE that has been issued. Basically for folks who have changed jobs and need to rely on AC 21 the RFE requires three things :
1. Written explanation for the change
2. Evidence that we are eligible for portability under 204(j) showing form I485 is pending for more than 180 days
3. New intended permanent employment is same as , or similar to , the original Form I-140 position

I know for 3) above , we need an EVL with job duties but here is my question - Are these IO's competent and knowledgeable enough to read technical jargon and determine if they are similar ? I spoke to an independent lawyer who suggested that the proof of burden lies on the applicant and therefore we need to clearly present them with a simplified analysis of the comparison of 2 sets of job duties (at old and new job) and clearly show to the IO that the duties match each other and also with the DOL requirements for the SOC code in question.
Those of you who may be using the services of an attorney to respond - are you including such a comparison that makes it easier for IO to compare job duties and that helps convince him that they are indeed similar and qualify for portability and if yes, is there a format for this ? This is of course over and above the EVL that everyone talks about.

To quote from the RFE :
"if you are no longer working for your original Form I-140 petitioner, submit a written explanation for the change . You may also submit evidence to show you remain eligible to adjust through visa portability under section 204(j) of the Immigration and national Act (INA) . INA 2014(j) job portability applies if your form I485 has been pending for more than 180 days AND your new intended permanent employment is same as , or similar to , the original Form I-140 position"

[RMS_V13]

This morning I read in another blog EB2I applicant contacted congressman and the response he got was : Your file is in linen to be processed. Due to backlog it may take months for this to be complete. This is exactly what I was told by L2. 3-6 months.

I truly believe the increase in additional review status reflects this backlog. Just like a place holder status. There goes my hope of contacting congressman.

[ramaka02]

Someone in trackitt posted that he received reply from the Senator/Rep's office saying, TSC is processing cases on RD basis and asked him to wait for his turn. I tried to match up with the approval list, the RDs' are all over the place, particularly 2012 filers got random approvals irrespective of RD. Why do they pass wrong information to Reps?

Looks like you have never been or had anything to do with a government office work...here or back home it is the same...!

[qbloguser]

happened to me twice - in 2012 and this year. first time, he just poked my skin on the arm; went there after 2 days and was told to do X-ray. Xray was fine. This time; he opened my previous file and directly send me for x-ray - not skin test and xray came fine. surprisingly, my wife and son both came negative on skin tests in 2012 and this year too.

[bieber]

Make sure your representative has not voted down any immigration bills. That's what I would do.

why does it matter to find out or escalate the status?

[bieber]

Yes, skin test positive and blood test negative effectively rules out latent TB, but from what I have read of USCIS recos, they do not have guidance to CS for this particular scenario.

AFAIK, PPD conversion has historically been used in reference to the skin test (from negative to positive), and does not necessarily have implications for the blood test.

Btw, I am not entirely sure if skin test positive and blood test positive definitively means latent TB (understanding about the blood test is evolving, although their marketing says yes).

For USCIS purposes, you only need to show 1 test (I showed positive skin test, and followed up with negative CXRay).

Skin test positive, X ray negative can be latent TB (Class B). It happened to me and there were no recommendations to health department.
My doctor was helpful and it seemed he had good grip of changing rules. He didn't include X ray report or RFE copy inside the 693 envelop.

[bieber]

I do not believe a tier 2 officer has any visibility at all in your case. The response from the tier 2 officer is very superficial at best and plain wrong at worst.

The congressional response is also not satisfactory if the case has been pending for over 2 years. Years have already passed so additional processing months do not make any sense whatsoever. Perhaps the context is different for the case to whom this response was given. Did that person file in Nov 2013? TSC seems to be taking 7-8 months in adjudicating cases, and this specific case might still be stuck in that window.

I just contacted the local rep of my congressional office and he was very helpful and told me they will get an exact accurate estimate on my case. He seemed to know what he was talking about - this might really depend upon district to district.

I do not know what the TSC was up to in July but when the gates open for real in August, the pressure is going to mount and approvals will start. We shall see how it goes.

All the best, I hope TSC will start approving huge batches in August.

[RMS_V13]

why does it matter to find out or escalate the status?

Its your prerogative. I would never approach a congressman who voted down immigration laws, who is against foreign workers. Just me. I don't want to be placed in another backlog at the congressman's office

[venkat]

Here is an update:

The case worker at my local congressional office called me to update that they have initiated a inquiry with the congressional liason at the Texas Service Center. I'm 100% sure that there will be a boilerplate response something like "we are waiting for visa number and you will get a response within 3 months blah blah blah".

The case worker assigned to my case is not an immigration specialist but she said that if we get a boilerplate response then we will followup and try to get more specifics and see what can be done to expedite it.

I'll keep this group posted.

[bieber]

Its your prerogative. I would never approach a congressman who voted down immigration laws, who is against foreign workers. Just me. I don't want to be placed in another backlog at the congressman's office

just wanted to understand if customer serice shares the status depending on particualr congressman

I had experience with senator who I don't think voted for CIR, but found out the status for me

anyways, for most of us there is no choice. Congressman has to be local to help you and we can't choose based on their voting history

[Kanmani]

anyways, for most of us there is no choice. Congressman has to be local to help you and we can't choose based on their voting history

Same is applicable to the senator, each state is represented by one senator in general and we should approach whoever is representing the respective district/State i.e., congressman/senator, is it so?

Is it just like police jurisdiction in India? No border crossing?

[bieber]

Same is applicable to the senator, each state is represented by one senator in general and we should approach whoever is representing the respective district/State i.e., congressman/senator, is it so?

Is it just like police jurisdiction in India? No border crossing?

Each state is represented by 2 senators at any point of time, we can contact either

Depending upon the residentail district, we will have one houe representative. If one goes through the HRep , he/she may get more attention because Senator represents the entire state and there must be more people waiting in line

[Kanmani]

Thanks Bieber,
I have no immediate necessity at present , just for information sake. Still no border crossing for favorite congressman within the state right?