The FY2014 RFE Thread

[Kanmani]

Viki123,

My option in your situation is to leave as it is and wait for the outcome. I don't think that is a big deal error.

[Kanmani]

Hi All,

I have Feb09 PD @ TSC and we moved when I was submitting the RFE response. I filled in the new address in the RFE response and my status on USCIS website reads as below. My question is - do I still file AR11? since I am current in SEPT, i am hesitant to do any updates on my case and also the fact that the uscis case update mentions my address was already updated based on my RFER (July 22). Thanks for your help

"On July 22, 2014, your address was changed relating to the I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance. "

AR-11.jpg

Do you have the above lines printed in the RFE document?(page 3)

If Yes, proceed with the filing of AR-11.

[Spectator]

Hi All,

I have Feb09 PD @ TSC and we moved when I was submitting the RFE response. I filled in the new address in the RFE response and my status on USCIS website reads as below. My question is - do I still file AR11? since I am current in SEPT, i am hesitant to do any updates on my case and also the fact that the uscis case update mentions my address was already updated based on my RFER (July 22). Thanks for your help

"On July 22, 2014, your address was changed relating to the I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance. "

The AR-11 is independent of letting USCIS know of a change of address for your immigration applications.

The law requires you submit a new AR-11 within 10 days of when you change address until you become a citizen (you are considered an Alien until then).

http://www.uscis.gov/addresschange

If you are worried about sending a second address change for your applications, you could just mail the completed AR-11 form.

Alternatively, the online version allows you send the the AR-11 electronically and optionally update the address for your applications as well (if you wish to).

[hulimari]

Thanks for pointing it out Kanmani, I should have seen this myself in the rfe .

AR-11.jpg

Do you have the above lines printed in the RFE document?(page 3)

If Yes, proceed with the filing of AR-11.

[hulimari]

Thanks for the clarification Spec, I am planning to do it online.

The AR-11 is independent of letting USCIS know of a change of address for your immigration applications.

The law requires you submit a new AR-11 within 10 days of when you change address until you become a citizen (you are considered an Alien until then).

http://www.uscis.gov/addresschange

If you are worried about sending a second address change for your applications, you could just mail the completed AR-11 form.

Alternatively, the online version allows you send the the AR-11 electronically and optionally update the address for your applications as well (if you wish to).

[helpful_leo]

Guys,

I have prepared all documents for my RFE response. However this one small thing is still making me nervous.

For whatever reason, our company does not have any "official company letterhead". The HR prepared my EVL exactly as per the instructions in the RFE but they printed it on just a plain paper. However, it has been signed in the original by the HR head.

Unfortunately, I don't have a choice here because we don't have an official company letterhead.

a) Is this going to be a problem?
b) Should I send a supporting letter signed by the facilities department saying we don't have an official letterhead? Good idea? Bad idea? Overkill?
c) Should I send my paystub (also shows cumulative Y2D earnings) in case? Good idea? Bad idea? Overkill?

I appreciate everyone who has helped me in this RFE phase until now. Thanks,

It seems an unusual situation. My non-expert opinion - #1 & 2/ check if the EVL RFE asks specifically for the letter to be on a letterhead (I do not recall now) - if yes, then a second 'explanation' letter from HR may be in order. If not, I would not send it.

#3/ If this were my case, I'd do a bit of an overkill here and send the paystubs, W2, the whole shebang. You don't want them to be concerned in anyway that there are issues with the employment here. As it is, many people send those anyway. In your case, it could be potentially helpful.

[Kanmani]

Sportsfan,

Option (b) is a bad idea.

Do they have any rubber stamp of any kind or what, else just simple printout on a plain paper?

In that case, if you have no choice other than sending what is given as EVL to you, ask them to note down the company's labor department registration ID/other registration numbers related to govt departments on the EVL.

Option (c) doesn't hurt your AoS. Go with it.

[bieber]

Guys,

I have prepared all documents for my RFE response. However this one small thing is still making me nervous.

For whatever reason, our company does not have any "official company letterhead". The HR prepared my EVL exactly as per the instructions in the RFE but they printed it on just a plain paper. However, it has been signed in the original by the HR head.

Unfortunately, I don't have a choice here because we don't have an official company letterhead.

a) Is this going to be a problem?
b) Should I send a supporting letter signed by the facilities department saying we don't have an official letterhead? Good idea? Bad idea? Overkill?
c) Should I send my paystub (also shows cumulative Y2D earnings) in case? Good idea? Bad idea? Overkill?

I appreciate everyone who has helped me in this RFE phase until now. Thanks,

Does your company have a logo?
you can paste it on top portion of the letter, worst case you are still fine with having a heading of company name and also along with title of the person who is going to sign

It needs to be original letter, not necessarily letter head. you can't send copy that's all

[zee112008eb2I]

Q and others, I'm new to this thread. But have been in trackitt for a while.

PD: Nov 2008;
RD: Mar 2012 (thanks to employer/lawyer delay tactics)
FP: April 30 2012
RFE: June 23, 2014
RFE Reply Received by TSC: 14-Jul-2014
Status: RFE (stays RFE even 4 weeks after response)
Officer ID on RFE: XM0136

I was patiently waiting since my PD is late 2008 and seeing earlier PDs still not getting any response.
But, this month, I see a lot of late 2008 and even Jan 2009 PDs being approved by NSC.
So I called USCIS Customer Service to check why my status has not changed to RFE Response Review.
But the representative couldn't give an answer to whether the response has been tied to my file.
But he voluntarily created an SR (on August 4). No update so far. I was not calling to create the SR as that will give them additional time to
delay the action and just send a standard response.

Looking at the trackitt forums and spreadsheet, this officer seems one of the slowest. Hardly any approval from him.
Is it the same officer who does the adjudication? Should I go ahead with Congressman inquiry to trigger some activity?

[Kanmani]

Sportsfan,

My honest answer is, I do not know if the Federal employer registration number (FEIN) on the W-2 is same as the Labor department registration number.

Why suggested this because, my husband's office had a visit from USCIS during recession, they took the Labor dept ID from the HR and rest of the info from the H-1 employees. I thought the labor ID is important to USCIS guys and might help you in that case if you think your EVL is standing alone from the rest of the EVLs'.

I haven't come across this kind of situation, so I have no better suggestion.

[qesehmk]

Q and others, I'm new to this thread. But have been in trackitt for a while.

PD: Nov 2008;
RD: Mar 2012 (thanks to employer/lawyer delay tactics)
FP: April 30 2012
RFE: June 23, 2014
RFE Reply Received by TSC: 14-Jul-2014
Status: RFE (stays RFE even 4 weeks after response)
Officer ID on RFE: XM0136

I was patiently waiting since my PD is late 2008 and seeing earlier PDs still not getting any response.
But, this month, I see a lot of late 2008 and even Jan 2009 PDs being approved by NSC.
So I called USCIS Customer Service to check why my status has not changed to RFE Response Review.
But the representative couldn't give an answer to whether the response has been tied to my file.
But he voluntarily created an SR (on August 4). No update so far. I was not calling to create the SR as that will give them additional time to
delay the action and just send a standard response.

Looking at the trackitt forums and spreadsheet, this officer seems one of the slowest. Hardly any approval from him.
Is it the same officer who does the adjudication? Should I go ahead with Congressman inquiry to trigger some activity?

zee - perhaps wait till end of this month. I think you are still within the processing timeframe. USCIS is notorious for not quite following FIFO. You will have entire Sep as well as Oct to go to senator and what not.

Welcome to forum by the way!

[iatiam]

Thanks kanmani.

It's indeed quite a unique situation, but I think I will send it the way I have right now. The USCIS guys need to figure it out on their own.

EVL + 2013 W2s (there are 2 - one from the petitioning employer and one from current employer) + current paystub that also has 2014 YTD earnings should be more than enough.

Off my response goes in the next couple of hours and I join another line for anxiety ridden people looking for that one final email.

Sports,

It happens all the time and rest assured, USCIS is well aware of the letterhead issues. A friend of mine had a similar issue. We worked for the same company and they won't give any thing on a letter head (a Fortune 10 company). He managed to get reference letters from his colleagues on plain paper as a reply to the RFE. He was greened a few weeks ago.

Iatiam

[GreenDream]

Hi

I am a newbie here. I have been following this great forum for a long time and it is quite the best.

I wanted to ask for your help here. My PD is Dec 2008, filed in 2012. Then I have responded to the RFE which was received by TSC on June 20th, 2014. Next week will be 60 days to that and I have not yet heard anything from the CIS about the decision. I tried to talk to L2 but L1 did not transfer my call and firmly told me to wait till August 20 and not disturn the delicate geniuses at work in TSC.

I also spoke to my lawyer but they do nothing but hide behind these timelines while I am here on pins and needles. Anyways, I wanted to find out how to get connected to L2 officer for more details on the case. When I spoke to L1, I was at a loss and just said I want to know the latest update on the case. L1 just read the status online.

Thanks in advance for your help.

[GreenDream]

If you have sent your RFE reply, relax. Your approval will come by next week.

Yes Sportsfan, the RFE response was sent and status turned to RFERR on June 20th. I hope you are right.

I also wish you the best too. I see you are sending your RFE response today. It is very shocking to see that they took so long to just send the RFE in your case. Thankfully there should be enough time for approval.

[JJcalifornian]

Q and others, I'm new to this thread. But have been in trackitt for a while.

PD: Nov 2008;
RD: Mar 2012 (thanks to employer/lawyer delay tactics)
FP: April 30 2012
RFE: June 23, 2014
RFE Reply Received by TSC: 14-Jul-2014
Status: RFE (stays RFE even 4 weeks after response)
Officer ID on RFE: XM0136

I was patiently waiting since my PD is late 2008 and seeing earlier PDs still not getting any response.
But, this month, I see a lot of late 2008 and even Jan 2009 PDs being approved by NSC.
So I called USCIS Customer Service to check why my status has not changed to RFE Response Review.
But the representative couldn't give an answer to whether the response has been tied to my file.
But he voluntarily created an SR (on August 4). No update so far. I was not calling to create the SR as that will give them additional time to
delay the action and just send a standard response.

Looking at the trackitt forums and spreadsheet, this officer seems one of the slowest. Hardly any approval from him.
Is it the same officer who does the adjudication? Should I go ahead with Congressman inquiry to trigger some activity?

zee112008eb2I,

Mine is also similar to you, PD Jan 2009, RD FEB 2012, RFE response delivered on 14th July 2014, it's with XM280@TSC status is still at RFE.

[ramaka02]

If nothing changes between now and on 60th day, call USCIS on 61st day and demand to be connected to L2. They have to and will. I hope you get yours soon.

Hi

I am a newbie here. I have been following this great forum for a long time and it is quite the best.

I wanted to ask for your help here. My PD is Dec 2008, filed in 2012. Then I have responded to the RFE which was received by TSC on June 20th, 2014. Next week will be 60 days to that and I have not yet heard anything from the CIS about the decision. I tried to talk to L2 but L1 did not transfer my call and firmly told me to wait till August 20 and not disturn the delicate geniuses at work in TSC.

I also spoke to my lawyer but they do nothing but hide behind these timelines while I am here on pins and needles. Anyways, I wanted to find out how to get connected to L2 officer for more details on the case. When I spoke to L1, I was at a loss and just said I want to know the latest update on the case. L1 just read the status online.

Thanks in advance for your help.

[ramaka02]

Zee, if you remember from Trackitt XM154 also had one approval per day till last couple of days. Hang on and you should get yours soon !

Q and others, I'm new to this thread. But have been in trackitt for a while.

PD: Nov 2008;
RD: Mar 2012 (thanks to employer/lawyer delay tactics)
FP: April 30 2012
RFE: June 23, 2014
RFE Reply Received by TSC: 14-Jul-2014
Status: RFE (stays RFE even 4 weeks after response)
Officer ID on RFE: XM0136

I was patiently waiting since my PD is late 2008 and seeing earlier PDs still not getting any response.
But, this month, I see a lot of late 2008 and even Jan 2009 PDs being approved by NSC.
So I called USCIS Customer Service to check why my status has not changed to RFE Response Review.
But the representative couldn't give an answer to whether the response has been tied to my file.
But he voluntarily created an SR (on August 4). No update so far. I was not calling to create the SR as that will give them additional time to
delay the action and just send a standard response.

Looking at the trackitt forums and spreadsheet, this officer seems one of the slowest. Hardly any approval from him.
Is it the same officer who does the adjudication? Should I go ahead with Congressman inquiry to trigger some activity?

[bieber]

Thanks for the suggestion guys.

The company has a simply logo and the letter has that. But it's on a plain paper.

The parent company is well known (like "Microsoft" well known...not Microsoft of course). Out pf privacy concerns, I don't want to disclose the name. We are a subsidiary and we don't carry any letterhead!

What determines if the letter is original? Is the actual signature by the HR head enough to make this determination?

I will definitely send my W2 along with my current paystub. Will that be enough? Question for kanmani: The W2 has an employer identification number. Do I need to give them another number accepted by the department of labor?

Mine was same, The letter was printed on regular quality printer paper. Just the logo on top.

[bieber]

Thanks for the info. I have the EVL on a plain paper with the company logo and HR's signature, it just isn't on some kind of letterhead. I was told this was unnecessary in the 21st century but then again, don't tell that to the USCIS.

Just to clarify: if you have the EVL, then any kind of reference letters are unnecessary, is that right?

If you have company name, and the person name who is signing with contact information, they have enough information if in case they think it's not original.

[iatiam]

Thanks for the info. I have the EVL on a plain paper with the company logo and HR's signature, it just isn't on some kind of letterhead. I was told this was unnecessary in the 21st century but then again, don't tell that to the USCIS.

Just to clarify: if you have the EVL, then any kind of reference letters are unnecessary, is that right?

Short Answer: I don't think reference letter is required.

Long Answer: To the best of my knowledge, reference letters were also provided along with EVL. Its was not a requirement, but the attorney did it to bolster the case. The company we worked for, as you might have imagined is pretty big in size. So we have to get a generic EVL saying that so and so person worked for so and so dates. So to make sure the job responsibilites are included, the attorney included references.

Your case might be different. You can fit all those in one single EVL and that will do the job. Less work for USCIS as well.

Hope that helps

Iatiam

[Seeking_GC_Since_Jun_2008]

Hello All,

My PD is 30th June 2008 (TSC) and the status says RFE RR since June 30th 2014.

Should I wait for 60 days to complete or is it advised to open a SR now itself? Is it normal for June 2008 cases to be still pending when I see July/August 2008 cases are getting approved?

Apologies if this is not the correct forum to post this question.

Cheers,
Seeking_GC_Since_Jun_2008

[venkat]

This is a true experience of my friend. His RFE response was sent 2 weeks ago and his online status never changed to RFERR, he became anxious and decided to followup with the attorney. To his dismay he found out that his attorney sent the RFE response to a Dallas Address instead of PO BOX address (Mesquite, TX) as mentioned in the RFE letter. What a shame!!!

His attorney told him that they used Dallas address because that is the address used for Fed-ex deliveries to the TSC. He said the one on the RFE (Mesquite, TX) is for regular mail delivery.

Now my friend is not sure what to do, whether to resend everything (EVL+Medicals) to the PO Box address or hope somehow the RFE response reaches his pending 485 file.

[helpful_leo]

If you have sent your RFE reply, relax. Your approval will come by next week.

I have wondered how effective the "within 60 days of RFER" limit is with USCIS to approve I-485s.

Have there been people post-60 days of RFER and not getting their GC? If so, what percentage of total are they?

[vik123]

Thanks Kanmani.

I am little confuse because Fragomen suggests filing the correct 693 form in the sealed envelope as well, with a cover letter that explains and copies of the RFE again. Just in case, Fragomen is not lawyer for this case.

Any suggestion Quesehmk/Soectator/Other Guru

Thanks,
Vikas

[krookbond]

Both addresses are correct. My attorney sends to Dallas address via FedEx always.