Dilemma or Conundrum of I693 Medical with 485 or after 485 filing

[idliman]

EMMA agents are sitting in tier-3 support desk with very limited visibility into case-file with a just a little more than what you can see on USCIS case status portal. Their answers are vague at best and do not provide much insight . Their understanding of internals of USCIS processing also is quite limited. It highly depends how motivated the agent was during the early orientation/training sessions. They can get by their daily work without having to use much of those things. So the way it works (at least at NSC) based on my own research is that when you send a mail, it gets sent to a shipping and receiving center building for USCIS. I heard it is not co-located with the NSC. They have 3rd party contractors in charge of mail sorting. They typically scan the mail and deliver it to I-485 case officers'/adjudicators' mail list. Depending on how motivated case officers feel that day one may see your I-693 attachment and upload it correctly to your I-485 case ticket created for you. There is no physical paper pushing involved. It's practically impossible to lug around 800 pages per I-485 case filing with tens of thousands of those. In my opinion interfiling may or may not help you case but it won't hurt your case certainly.

There have been some recent success stories of interfiling and direct approval of GC recently. Come on people, you have been waiting for 10+ years. Some have been waiting for 15+ or 20+ years. Take a chance. Spend that 2x$400. I would gladly have done it even if there is a 5% chance of this getting through. I had spent enough time thinking about it before I recommend it to my friends here. Don't worry. It is certainly not going to hurt you.

I sincerely wish all you people who did interfiling will share your success here after your GC is approved.

[gc_dedo]

I agree idliman. It's worth giving shot.

I have a situation and I was hoping that I can file I-485J + medicals, but company attorney disagrees.

My situation:
Worked for employer A in the past on H1B. Employer A initiated the green card process in 2013 and filed PERM and then I-140 under EB2 category. Priority date was not current.
Left employer A and joined employer B a couple of years ago (in 2019). Employer B also initiated green card. PERM (EB3) is approved but didn't start I-40 yet.
Priority date became current as per Filing Date chart in last October 2020. So, used I-485 supp J provided by previous employer A and filed Adjustment of status application. It has been 9 months since. Just received EAD and AP. I am still on H1B with employer B. Planning to switch to EAD. My current employer is ready to support I-485J, provided attorney agrees. But attorney disagree that it comes under AC-21 provision. She says because I was not with employer A when filing AOS, there is nothing to port. She is suggesting to file I-140 and I-485 again. I will have to bear all the cost. At this time, I am thinking of finding a new job with previous employer A on EAD.

Any advice?

[idliman]

My situation:

Any advice?

You can file for GC with employer A while working for employer B. But this comes with the understanding that as soon as you get your GC, you will leave employer B and start working for employer A for a period of 6 to 12 months. This is a little risky because if there is any RFE that requires documentation from employer A, then they need to support you. However, you are not working for them. So it all depends on the relationship and trust between you two (employer A and you).

There is a clock associated with I-140. The employer must file I-140 within 6 months of PERM approval date. To keep you safe, you should ask employer B to file I-140. The employer should pay for that (I-140). Make sure that they recapture the old PD for the new PERM. But don?t file I-485 yet. Just ask them to file I-140. Later on you can do interfiling method to change underlying basis (but don?t tell that to attorney). You can say that you don?t have money to file I-485 now or some other reason.

Switching to EAD. Read our EAD thread for pros and cons.

Ask your attorney for legal reason for not filing I-485 Supp J. GC is for a future job promised through genuine job offer. So employer B is offering you a future job with "same or similar classification". Ask them if there is any reference to this situation in USCIS memo's or in USCIS service manual. This is the first time I am hearing about this. Try to understand what concern your attorney has. Or you can spend $250 and get separate opinion from other attorneys. Maybe the attorney is after your filing fee for I-485. Any attorney recommending a second I-485 is a red flag in my book. Why can't they do the "change of underlying basis" or interfile.

Just do your research and tread carefully. Pay money and ask opinion from other attorneys.

[gc_dedo]

Thanks Idliman. I will push for I-140 filing with current employer B. I was bit relaxed after getting my EAD last week.

Regarding the attorney not filing I-485J with my current employer(B), is that she doesn't think it will work. If I push, she can submit interfile request. But in her opinion, as I was not with employer A when AOS was filed, so AC-21 can't be used. She is also not sure of porting of priority date (with new I-140), because that was technically already "used" when I filed AOS in Oct. She said that USCIS may/ may not allow porting of priority date. I really don't think, one's priority date is gone if he/she has filed AOS.

As my old employer is just a staffing firm, finding another job and joining them should not be too difficult. I do have good professional terms with them and that's why I was able to file AOS using their I-485J.

So plan of action is file I-140 soon and also find some job and try to join previous employer (A) on EAD.

[montyp80]

@Idliman: Might be a noob or silly questions.

I am currently in India

1. Can I take vaccinations necessary for 693 here and carry the records with me to the US for filing medicals?
2. Will US civil surgeon accept records of vaccination from India?

Thanks in advance

[milindind]

Yes you can. Saves you money too...

[SaibabaAug2010]

Was there any update on your case ?

Sorry for the late response as I didn't browse this thread after my last post on 0610. Yes, I got G C on 08/06 and interfile worked. I sent medicals to NBC RFE address.

[longwaitgigu]

Sorry for the late response as I didn't browse this thread after my last post on 0610. Yes, I got G C on 08/06 and interfile worked. I sent medicals to NBC RFE address.

Congratulations
Do u mind to share your timelines and series please
I interfiled on 7/13 nothing yet

[SaibabaAug2010]

Congratulations
Do u mind to share your timelines and series please
I interfiled on 7/13 nothing yet

Please find my details on this post

https://www.qesehmk.org/forums/showt...-Thanks/page40

[shaks2020]

Hello,
My PD is EB2 JUN 2010 and my case from MSC was transferred to FO 6/19/21. No RFE yet and I'm planning to interfile medicals. Does anyone know whether to send the medicals to the local FO or to the MSC ?

Idli and others, Thanks for the format for interfile!

Thank you
Shaks

[montyp80]

Gurus, question. Can we attach Medical (693) along with 485J in the event when someone has recently changed jobs?

[andhraguy]

Gurus, question. Can we attach Medical (693) along with 485J in the event when someone has recently changed jobs?

The correct way to send medicals if you receive any RFE whether for medicals specific or any other issue detected while processing your application. when you respond to a RFE with a copy of RFE letter, the response document goes to the same application bundle. Otherwise it will be treated as a separate application and it is your luck not receive another RFE for medicals. 485J application simply a new application and your will receive a separate receipt number.

There are mix cases where medical interfile worked and sometimes it does not. It is your choice to apply now or wait for an RFE. IMO you should apply now and take a chance. in case you receive another RFE then ask the same doctor for a duplicate sealed envelop. He may charge a minimal amount.

[idliman]

@Idliman: Might be a noob or silly questions.

I am currently in India

1. Can I take vaccinations necessary for 693 here and carry the records with me to the US for filing medicals?
2. Will US civil surgeon accept records of vaccination from India?

Thanks in advance

Sorry. Too many things going on recently and don't even check whatsapp for a week.
It depends on your Civil Surgeon. Some might accept it, while others will not. Mine accepted the record from India. You may call your Civil Surgeon's office and enquire. No standard procedure for this one.

[idliman]

Gurus, question. Can we attach Medical (693) along with 485J in the event when someone has recently changed jobs?

I think you can send it with a cover letter. If they lose it then get another one from Civil Surgeon. Some will charge $50 or so to give you a new sealed I-693 if it is within say a few months.
Take a chance. Are you willing to spend say $350 or $50 to get GC 6 to 1 year early?

[montyp80]

I think you can send it with a cover letter. If they lose it then get another one from Civil Surgeon. Some will charge $50 or so to give you a new sealed I-693 if it is within say a few months.
Take a chance. Are you willing to spend say $350 or $50 to get GC 6 to 1 year early?

Haha, now when you put it that way, there is absolutely no reason for not doing it!

Your replies are much appreciated.

Thank you

[rave79]

Hello Experts - With latest USCIS guidance yesterday, Is it recommended to interfile the I-693 medicals without RFE?

[abcx13]

Hello Experts - With latest USCIS guidance yesterday, Is it recommended to interfile the I-693 medicals without RFE?

According to some posts on Telegram, BAL, an immigration law firm, is trying to get the agency to work out a process to interfile medicals. Also there might be mass RFEs again soon hopefully. So I am waiting for a week or two.

No point interfiling if your BM/FP and I140 aren't done though.

[rave79]

According to some posts on BAL, an immigration law firm, they are trying to get the agency to work out a process to interfile medicals. Also there might be mass RFEs again soon hopefully. So I am waiting for a week or two.

No point interfiling though if your BM/FP and I140 aren't done though.

Hey abcx13 - Actually my I-140 is approved in PP about a month ago and current since last month. but yeah FP/BM is still pending..SRC is very slooooooooooooow

heard from a friend IN ORCL, BAL communicated explicitly not to Interfile medicals,but given the 'USCIS tweets' not sure how to interpret for the case where I-485 is already filed without the medicals in the last Oct-Nov-Dec 2020.

Eitherway may be better to send in proactively rather than wait until USCIS gives a green signal it will be a madrush like I-485/EB2-EB3 downgrade filing earlier this fiscal?

[maverick2010]

One more thing I forgot to mention. I interfiled my medicals with the help of "idliman". I don't think my application would have got approved soon without interfiling my medicals. Thanks a lot to idliman and rest who helped me!

[gsingh]

One more thing I forgot to mention. I interfiled my medicals with the help of "idliman". I don't think my application would have got approved soon without interfiling my medicals. Thanks a lot to idliman and rest who helped me!

Congrats maverick!
Were you able to get a confirmation from the USCIS agent that your medicals were attached to the I-485 application or did you get to know only once the 485 was approved ?

[maverick2010]

Congrats maverick!
Were you able to get a confirmation from the USCIS agent that your medicals were attached to the I-485 application or did you get to know only once the 485 was approved ?

I tried couple of times chatting with Emma to get some kind of confirmation but it never worked out. One agent said, medical attached to case file will only be known if an officer picks up my file for adjudication.

[gsingh]

I tried couple of times chatting with Emma to get some kind of confirmation but it never worked out. One agent said, medical attached to case file will only be known if an officer picks up my file for adjudication.

Thanks maverick. I heard the same from Emma for my case. Congrats Again!

[bones20]

Hi Guys,
Question on i693:
Do you suggest interfiling i693 before an rfe?
I have 2 copies of i693 ready so if the interfile fails, I will have a spare copy to respond to rfe.
If I get an rfe after October 1st, I am presuming that I will need the revised i693 requiring covid vaccination. So the medicals will need to be redone?

Details:
PD: 04/29/2010
Category: Eb2 (i140 approved)
Receipt date:10/28/2020
EAD/AP: Approved and received

thanks!

[inspired_p]

Hi Guys,
Question on i693:
Do you suggest interfiling i693 before an rfe?
I have 2 copies of i693 ready so if the interfile fails, I will have a spare copy to respond to rfe.
If I get an rfe after October 1st, I am presuming that I will need the revised i693 requiring covid vaccination. So the medicals will need to be redone?

Details:
PD: 04/29/2010
Category: Eb2 (i140 approved)
Receipt date:10/28/2020
EAD/AP: Approved and received

thanks!

I strongly suggest to Interfile

Idliman recommendation saved me multiple months of wait

[bones20]

I strongly suggest to Interfile

Idliman recommendation saved me multiple months of wait

thanks! Fragomen attorney is discouraging to interfile. Even I am confused why. In my case, it seems there is nothing to lose in interfiling.