The FY2014 RFE Thread

[wolverine82]

SR reply with a "within 30 days" mentioned in it is always a good sign. You should get approved within a week or so for sure.

Thanks ramaka..I will stay positive for next 2 weeks

[RMS_V13]

Thanks ramaka..I will stay positive for next 2 weeks

You will squeeze through.

[triplet]

I called NSC just to see what's going on with the case. The officer was helpful and said since the case was outside normal processing time she would open a service request. I told her it is not outside processing time, but she insisted anyway! My PD is Oct 08 NSC RFERR Jul22. I've been seeing 2009 folks getting approved and the anxiety is beginning to build so I thought I would call them. I've never done this before, what do they do for the service request, I just hope I didn't complicate things!

[triplet]

Leo, Sorry! I don't mean to freak you out. As I said I have not paid close Attn to metrics. Since Sept is the end of financial year I was not sure how visas can be carried over to new year. Matt and/or Spec if they are not one and the same are the ones who provide insights bases on available analytics.

I feel for you Wolverine, hope you get approved soon - it is really crazy that your case continues to be pending.

[triplet]

helpful_leo,

My general sense is that those current in the August VB should generally expect to see approvals in September, with a few approved in October from the FY2015 allocation.

I think there will be sufficient visa numbers available in FY2014 to cover those current in the August VB. Both SC are capable of higher rates of approvals than seen to date.

Nice! If Spec is optimistic about proceedings, then it must be okay All will be well!

[Spectator]

Nice! If Spec is optimistic about proceedings, then it must be okay All will be well!

triplet,

It's a bit out of character, isn't it!

[GreenDream]

I called NSC just to see what's going on with the case. The officer was helpful and said since the case was outside normal processing time she would open a service request. I told her it is not outside processing time, but she insisted anyway! My PD is Oct 08 NSC RFERR Jul22. I've been seeing 2009 folks getting approved and the anxiety is beginning to build so I thought I would call them. I've never done this before, what do they do for the service request, I just hope I didn't complicate things!

You are lucky. My RFERR @TSC has been pending since June 20th. I tried to call them couple of times to open SR but they never budged. May be TSC just dysfunctional but nobdy was helpful. Finally they opened the SR after 60 Days, and have been asked to basically wait 45 days to hear the update.

[triplet]

triplet,

It's a bit out of character, isn't it!

I've been following your posts since 2011, it most definitely is! Even otherwise, I have always enjoyed your posts

[triplet]

You are lucky. My RFERR @TSC has been pending since June 20th. I tried to call them couple of times to open SR but they never budged. May be TSC just dysfunctional but nobdy was helpful. Finally they opened the SR after 60 Days, and have been asked to basically wait 45 days to hear the update.

Sorry to hear that GreenDream - hope you get it soon!

[ksur23]

My pd (Jan 28, 2009) becomes current in September (NSC). However I am going to leave my current employer tomorrow. So I will be losing the services of a big law firm. The RFEs have been responded to in June.

When and if my case gets through without further RFEs does the law firm get any document - 797 etc - from USCIS? I am guessing the applicants get the GCs directly, but not sure if the law firm will receive anything.

Appreciate responses by the community here.

A 2nd question if I may - what are the chances my case will get through in September? (RFERR June 27, RD Feb '12)

[vizcard]

You are lucky. My RFERR @TSC has been pending since June 20th. I tried to call them couple of times to open SR but they never budged. May be TSC just dysfunctional but nobdy was helpful. Finally they opened the SR after 60 Days, and have been asked to basically wait 45 days to hear the update.

I have the same story. They told me low-end 15 days, high-end 30 days. But its bull crap. If they don't respond by then, I'm going to the Ombudsman.

[vizcard]

My pd (Jan 28, 2009) becomes current in September (NSC). However I am going to leave my current employer tomorrow. So I will be losing the services of a big law firm. The RFEs have been responded to in June.

When and if my case gets through without further RFEs does the law firm get any document - 797 etc - from USCIS? I am guessing the applicants get the GCs directly, but not sure if the law firm will receive anything.

Appreciate responses by the community here.

A 2nd question if I may - what are the chances my case will get through in September? (RFERR June 27, RD Feb '12)

You should get everything. At most the law firm will get a copy of the approval notice.

As for your 2nd question, being in NSC, you probably have a very good chance... probably better than those that got current in July at TSC (like me) :P

[GreenDream]

I have the same story. They told me low-end 15 days, high-end 30 days. But its bull crap. If they don't respond by then, I'm going to the Ombudsman.

How do you contact the Ombudsman? I have doubt this whole SR thingy is gonna help me at all. I am expecting some generic boiler plate response.

[vizcard]

How do you contact the Ombudsman? I have doubt this whole SR thingy is gonna help me at all. I am expecting some generic boiler plate response.

Just google uscis ombudsman... there's a whole site with instructions and a form and all.

[ksur23]

You may have done these things already, but just to recap anyway:

1) Fill the online G28 form at "some point" for all pending 485 cases. I would normally do it right away, but since your case is in the "last of the last legs", you might want to hold off on that until the second week of September or until you receive the GC ((whichever is sooner). This way, you become your own lawyer.

2) Get a copy of the approved PERM and approved I140. Get copies of all approved H1Bs with this firm.

3) If possible, get a letter that explicitly states your employment duration, your job title, duties and present salary.

4) Your chances are good regardless of what's happening right now. As we come close to Sept 30, approvals will skyrocket if there are leftover visas.

Thanks a lot for the response Viz. I really hope you and others in your boat get the GC asap - I know life isn't fair but it should be some of the time. All the best.

Sports, thanks a lot for detailed response, appreciate it. I hope your frustrations disappear soon with some EO magic soon. There was a time when I used to feel like an animal caged wrt to my job. But I have come to realize, although I relapse every now and then, that life is better than 90-95% of people in the world. It's hard to think on these terms all the time but this kind of framing has helped me a bit.

btw - why is G28 necessary if I get GC?

[helpful_leo]

An update on what many of you may already know:

There has been a spate of approvals from TSC on trackitt for those who got current in August!

Several Sept 08 PDs, few Dec 08 PDs and 1 Jan 09 PD got approved.
From what I could discern, there is no particular pattern in how they are sorting the August current cases for approval - not by PD, RD or RFER dates.

Also the total # of TSC approvals has almost caught up with NSC #s. Hopefully, the trend continues..

[vizcard]

Thanks a lot for the response Viz. I really hope you and others in your boat get the GC asap - I know life isn't fair but it should be some of the time. All the best.

Sports, thanks a lot for detailed response, appreciate it. I hope your frustrations disappear soon with some EO magic soon. There was a time when I used to feel like an animal caged wrt to my job. But I have come to realize, although I relapse every now and then, that life is better than 90-95% of people in the world. It's hard to think on these terms all the time but this kind of framing has helped me a bit.

btw - why is G28 necessary if I get GC?

Thanks for the wishes. My frustrations were over when we got EADs back in 2012. All things are relative though, I agree to that.

The point about G28 is this: Since you are leaving the employer, you want to handle your own case now. That's why you need to file G28. But then again, since you are now only waiting for approval, just don't disturb the hornet's nest. You only need to worry if the USCIS sent you another RFE or something crazy like that which sometimes goes only to the lawyer...but for a GC, it will come straight to your mailbox. At this point, I wouldn't file a G28 but I would closely monitor the case.

A G28 is only if you do want a 3rd party to represent you. If you are representing yourself you SHOULD NOT and DO NOT need to file a G28. you need to send a letter to the USCIS informing them you will be representing yourself and send a copy to the lawyers.

[Kanmani]

Viz, I might be missing something here. How exactly do you send a letter to the USCIS? I thought G28 was for exactly that: to inform the USCIS of a change in legal ownership of your case. I filled the G28 online for both of my cases and I just put my name in both forms. I am assuming the USCIS is no longer sending any RFE copies to my previous lawyer.

Sportsfan, Form-G28 is for lawyers who are representing on behalf of the petitioners. You must not fill your name on that unless you are a member of the bar council.

[vizcard]

Fantastic. I am getting an uneasy feeling about this now. Worst case, they might bombard me with another RFE. Is there an end to this nightmare?

I'd call the USCIS help desk and ask them the right address to send it to. Also make sure you include the 485 receipt number and your A number in the letter. I wouldn't worry about it. You can also talk to your lawyers and let them know that you are doing this but there might be a chance they will get the docs and to forward them to you or atleast inform you that they got them.

[Kanmani]

Sportsfan, Don't worry about it. I-485 is open to self-filing, and after all we are rookies. USCIS come across all these in their routine, there is a great chance to ignore them.

[pdfeb09]

When I talked to the USCIS multiple times over the last month or two, they had my correct mailing address on file. I am wondering if I need to really touch the hornet's nest at this time when my case has been sitting in RRERR for the last few days. The possible cases according to in this situation are:
1) My previous lawyer gets the documents and ignores them
2) My previous lawyer gets the document but informs the USCIS that he is not representing me which induces the USCIS to send me another RFE
3) My previous lawyer gets the documents and informs the USCIS but the USCIS ignores it
4) My previous lawyer no longer gets the documents but the USCIS does something crazy like deny my 485 because I filled G28 when I was not supposed to
5) My previous lawyer no longer gets the documents and the USCIS ignores the G28 mishap.

Is the possibility 4 real and can it happen? If so, I do not mind taking a corrective action. Just wanted to ask the Gurus.

EDIT: ****aguely remember while doing this online that I chose to represent myself. I don't remember how the online structure of the form G28 was. I will check again by backtracing the steps. I don't know honestly if I should be worrying and if I have to, how much.

sports .. I think you are getting anxious unnecessarily .. USCIS will most likely just ignore the G28 misstep .. You are at a stage where you are just waiting for the GC to come along .. it won't go to the lawyer anyways regardless of what G28 is active .. if there are any documents to be sent to you (unfortunately) .. they will probably go to you and your lawyer both .. what the lawyer does after that is not USCIS's concern .. Remember, you will always get a copy of all the I485 related correspondence delivered directly to you ..

I know it is difficult to do so .. but if you can, just calm down and don't think too much about the overall GC stuff .. most likely .. you will have it within next 2 weeks .. Viz is probably going to get in before you though

This is just my gut feeling .. nothing more !

[TeddyKoochu]

When I talked to the USCIS multiple times over the last month or two, they had my correct mailing address on file. I am wondering if I need to really touch the hornet's nest at this time when my case has been sitting in RRERR for the last few days. The possible cases according to in this situation are:
1) My previous lawyer gets the documents and ignores them
2) My previous lawyer gets the document but informs the USCIS that he is not representing me which induces the USCIS to send me another RFE
3) My previous lawyer gets the documents and informs the USCIS but the USCIS ignores it
4) My previous lawyer no longer gets the documents but the USCIS does something crazy like deny my 485 because I filled G28 when I was not supposed to
5) My previous lawyer no longer gets the documents and the USCIS ignores the G28 mishap.

Is the possibility 4 real and can it happen? If so, I do not mind taking a corrective action. Just wanted to ask the Gurus.

EDIT: ****aguely remember while doing this online that I chose to represent myself. I don't remember how the online structure of the form G28 was. I will check again by backtracing the steps. I don't know honestly if I should be worrying and if I have to, how much.

Sports you can do the following

- File AR-11 form electronically at the end they ask for your pending petitions this should set your address correctly, it is important that the address is correct so that you get the RFE information, cards and notices.

- To remove the lawyer you just need to blank out his / her name from the G28 Form.

On the I485 you are the applicant so you would by default get all communication.

[vizcard]

Sportsfan - they won't deny your 485 for a G28 issue. All communications will come to you and since you have validated your address with the USCIS is correct, you don't need to worry. Respond to anything that comes your way. I'm 100% sure that the G28 won't cause any problems.

Also, talk to your old law firm and ask them what their protocol is in case they get communication related to your case in the future. They will provide clear direction on "ways of working" either with them or with the USCIS.

[helpful_leo]

Sportsfan - they won't deny your 485 for a G28 issue. All communications will come to you and since you have validated your address with the USCIS is correct, you don't need to worry. Respond to anything that comes your way. I'm 100% sure that the G28 won't cause any problems.

Also, talk to your old law firm and ask them what their protocol is in case they get communication related to your case in the future. They will provide clear direction on "ways of working" either with them or with the USCIS.

Viz,

Can you remind us what your RD & RFER dates were. Also, what steps had you taken to hasten the approval?

Did you get any sense why your approval was a little delayed and what, if any, may have finally triggered it?

Just trying to moderate my anxiety level which is finally going up, now that I see a bunch of Dec 08 PDs with RD & RFER dates after me getting approved!

[vizcard]

Viz,

Can you remind us what your RD & RFER dates were. Also, what steps had you taken to hasten the approval?

Did you get any sense why your approval was a little delayed and what, if any, may have finally triggered it?

Just trying to moderate my anxiety level which is finally going up, now that I see a bunch of Dec 08 PDs with RD & RFER dates after me getting approved!

RD-1/30/12
RFERR - 6/12/14
I opened a SR and contacted my Senator but I'm not sure if any of those worked.

I will add this though, opening a SR is as close as a direct contact to the approving officer as you'll get. So its not a bad idea to do that. I actually got an email reply from the SR today afternoon giving me the latest status (but it was after the approval).