Whats clear is that the EB I-485 process is a complete mess. USCIS claims that they must increase filing fees to keep up with operational costs to timely process cases. Would you mind sharing which field office you had and what is your i485 receipt date? You should use your US mail or physical address here. As we mentioned above, in 2019, no less than 60% of the total petitions received an RFE. The response is its at boise fo but I knew it already and it has been the case for 4 months. Dremio, Go to company page The name should match the one printed on your i-485 receipt. Firstly I am so glad i can have a forum to ask this question and hoping for someone to throw some light. When you receive your I-485 supplement J receipt notice, the expectation then is that you will likely receive your I-485 approval within 2 months. Although we still have some I-485s (filed in October 2020) that are still pending, we have received all of the C09 EADs. While your I-485 is no longer being processed, your EAD / AP if filed with I-485 will be adjudicated regardless of PD. We have offices inDublinandColumbus, Ohio,Michigan, andTexas. But this decision was not immediately translated to the Diversity Visa, Read More Diversity Visa Program and Same Sex MarriageContinue, It is an exciting time for many foreign nationals living in the United States. Set aside some time for this task. Hey. ), your official title or position, and annual salary or hourly wage. The content of this article is intended to provide a general guide to the subject matter. Send one as interfiled letter and then keep the second one for the case where USCIS sends the RFE. Any Form I-290B received up to 60 calendar days from the date of the decision will be considered by USCIS before it takes any action. An original and current employment verification letter is needed from the sponsoring employer. It is possible to confront the rejection or the denial of the application, even if the response was submitted on time. However, there have been reports that some are still waiting for their receipts. So, it is entirely your choice. - Can I stay out of status till I get the results of my motion to reopen my case based on what I see as a clerical error? PD is 11/10/2014. Then you can begin to worry :). A second RFE is not an indicator that a petition is going to be denied. We received an I-148 approval which was filed on October 26, 2020. See here for more info about transfers to NBC. Our immigration attorneys will review your forms and applications for thoroughness and accuracy. Unfortunately, instead, many have been seeing that a second RFE has been issued in the case. USCIS is adopting several measures to protect our workforce and community, and to minimize the immigration consequences for those seeking immigration benefits during this time. For people sending this letter on their own without using an attorney service, leave the header and footer fields blank. If you have an account, sign in now to post with your account. Biometrics completed in March 2020. Many attorneys have recommended that you get two separate sealed medical envelopes from your doctor. Ignoring the RFE is never a good idea, because failure to respond will led USCIS to make a decision based on the insufficient evidence they have, which usually ends up being a denial of the I-485 petition. Did you ever receive a notice saying they had the rfe? A Request for Evidence is a way for USCIS to let a petitioner know that the evidence initially submitted along with the I-485 application is insufficient, is missing, or simply needs to be updated. I485: Got an RFE and the letter says I need to send I693 (Medical test report) Like this thread 0 0. My case is in the Nebraska service center.Priority date is currentTC: 230k, Go to company page Texas is slow compared to NBC. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. No updates since. You can send it yourself as i485 is a personal application. USCIS may simply want an update about your family and residence history. Do you have a lawyer? Whatever that means. The important thing to remember is that an RFE is not a denial and it is not a guarantee of an impending rejection. I called USCIS and they told me that my ?target date? getting 485J receipt means some started looking into your 485 application & ready for adjudication. i-485 decision after rfe response; nbc; employment based eb1-2. Anyone in the same boat? We are going to close this page with this last post. - In anyone experience, how long does it take for the motion to be accepted and case reopened? After youve submitted Form I-485 (Application to Register Permanent Residence or Adjust Status) with all the required supporting evidence, you must wait for a decision from U.S. We expect more stand-alone I-485 to be approved in the near future. If this is your first visit, be sure to Over 1M Trackitt Users . The Doctor usually charges about $350 per application and you stand to lose it. You only get one chance to respond to the RFE, make sure you get it right. Is there a recourse to get me on status back by seeking H1 extension on the basis of my approved I-140? The letter must include the following details: your employment start date, your current employment status (full time, part time, etc. On March 24, 2021, USCIS announced that it will be extending its flexibilities around responses to several requests, including RFEs. Case was transferred to National Benefits Center in April 2022. Medical RFE from NBC. Below is an RFE from the local field office in the U.S. Virgin Islands. If your name is different on your passport or has spelling mistakes, then we strongly suggest creating a one and the same person affidavit and sending it with your package. Reason for Denial: RFE sent May 2018, they acknowledge my response to RFE on Aug 2108 but say my response did not include the medical report I 693 . Also, your attorney may or may not agree to send it without RFE. They have made this change to further streamline the entrance process. They received it on 12th. Form I-693 must be valid at the time the USCIS adjudicates, or makes a decision about, your I-485 petition. When you receive your I-485 supplement J receipt notice, the expectation then is that you will likely receive your I-485 approval within 2 months. Your link has been automatically embedded. We are seeing this trend for the batch of I-485 cases filed after October 2020. If proof of employment is requested, it may be satisfied by providing copies of your employment Authorization Document (EAD) or other documents proving your continued authorized employment in the U.S. Are you sure about this interfiling medical without RFE? If you have trust in your lawyer, that person will be the one to sort this mess out. As of February 17, 2022, USCIS has been transferring all employment-based I-485 cases (except 4th pref) from Nebraska and Texas to the National Benefits Center (NBC). This I-485 was filed concurrently with a second I-140 (EB3) at the Texas Service Center. Immigration authorities, Read More What Is Advance Parole?Continue, In the U.S., a green card signifies that the holder is a lawful and permanent resident of the United States. At, Read More Visa Bulletin Retrogression: Consequences for SpousesContinue, COVID-19 has made traveling outside the U.S. a bit more complicated. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. The applicant completed biometrics on March 18, 2021. If you receive the I-485 Supp J receipt, it's a good sign that your I-485 may be approved soon. Form I-693 must be signed by the civil surgeon no more than 60 days before the filing of the I-485 petition, and. If the letter is being provided by the new employer after the I-140 has been ported, the letter must also explicitly confirm that the new position is the same, or similar to the original position in the approved I-140. After USCIS receives a response to the RFE, they will update the same in their online system for the H1B case. Official websites use .gov I wonder if they will send a separate 485j receipt in this case , The other means is to live chat through EMMA & mention 485J not recvd. Provide new evidence that the case should be reconsidered or reopened. USCIS RFE Response Time - Normal 15 Days to no limit. This was already submitted with original I-485 package but USCIS lost it) RFE & NOID response received: 2/1/2023 (we resubmitted original statement/evidence that they must have lost) I-130 approved: 2/1/2023. Also Nebraska. check out the. NOTE: PD is not current. My 6 years with H1 is over. USCIS must have made their decision no more than two years after the civil surgeon signed the form. The app creates a PDF file that can be printed on a plain A4 size white or colored paper sheet. Here are some of the main reasons why USCIS issues an RFE when reviewing I-485 petitions: Of course, there may be other reasons why youve received the RFE, but these are the main ones you may encounter. Straight case here n waiting since 4 months. All this is done without USCIS requesting these documents through the official process of RFE (request for evidence). USCIS doesn't have any deadlines to respond to YOUR response to RFE (request for evidence). The more detailed, supporting information you can send, the better your chances of getting an approval will become. There is virtually no risk in sending the i693 form without an RFE except that you may lose the doctors fee if USCIS does not add it to your file. Things are moving fast now. Getting ahead in the queue even though your PD date or the i485 receipt may be after someone who has an earlier PD date. Is this a straightforward case or a downgrade/upgrade/interfiling between EB2/3? Dependent continues to be in a period of authorized stay while I-485 remains pending. This example is a Chinese National, EB2, with a PD in December 2016. If you receive an RFE, dont panic. Unfortunately, USCIS is not following FIFO. You should wait it out and if the facts are as stated, the matter will be resolved. This gives the lawyer you are working with as much time as possible to help you compile and submit the requested evidence. If you cannot provide a requested document, simply not providing it will not likely lead to a denial of the I-485 petition. Whats important to note here is that another I-485 filed around the same time by a different beneficiary from the same company had received approval much faster in just 3 months. Below is the final one which took the longest to process. My GC was finally approved last week. I am abit worried. In addition to asking for updated medicals, the RFE sometimes requests proof of employment authorization starting from the date the I-485 was filed until the present. How much longer will it take to hear an update? It can take anywhere from 60 to 90 days for processing of the EAD applications after RFE response was submitted. NVIDIA, Go to company page For individuals who are still citizens of foreign countries but who have established a new life in the United States, getting a green card is usually a good idea because of all the benefits that, Read More The 6 Paths to a Green CardContinue, The recent decision by the U.S. Supreme Court to strike down the Defense of Marriage Act and allow same sex couples the same federal benefits as those in heterosexual marriages was viewed as a major victory for the lesbian, gay, bisexual, and transgender community. MyCase status got updated to "rfe response was received" on October 15th. All times are GMT-5. USCIS started transferring pending I-485 EBs from service centers to NBC in February to speed up the processing of I-485s. RFE for medical: 1/11/2023. I got mine approved 4 days after sending RFE response. Set aside some time for this task. NBC may also forward cases to local field offices throughout the US to speed up adjudication, especially those that require additional documents such as I-485 Supp J or medical exams. A very few also received their Combo card / EAD. I got my I693 RFE (medicals) at the end of September, and lawyers submitted the response on October 7th. Many people have seen success with sending the i485 medicals without RFE but there is no guarantee. As of April 26, 2021, all of our clients have received their receipt notices and have attended their biometrics appointments in connection with their I-485, I-765, I-131, or I-140 filed in September, October, or November 2020. The applicant completed biometrics on March 30, 2021. October 28, 2020 We sent a request for additional evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status. The AAO strives to complete its review of motions within 180 days from the time it receives a complete case file. Youll have less time to respond to this notice, usually 30 days. I see people are getting EAD after their PD become current and also getting 485 approval after few days of EAD approval. Married to USC (waiting for conditional GC). USCIS provides answers to some pressing questions. Does Uscis send approval notice in email? Been waiting almost 2 years up to this point. We received EAD / AP approval on 08/26/2021 for an employment-based I-485 filed on October 23, 2020. For those who jumped the gun, its still possible that USCIS can link the missing I-693 to your pending I-485. When the USCIS officer gets the response, it will take 60 days or more to take further action on processing the case. My visa available period for I485 to be filed so that CSPA is effective will end on September 1 2020 (visa became available september 1 2019). Advise applicant NOT TO contact USCIS when visa number is again available. August 6, 2020 The fingerprints relating to your Form I-485 Application to Register Permanent Residence or Adjust Status, were taken. I got my I693 RFE (medicals) at the end of September, and lawyers submitted the response on October 7th. Lastly, a medical exam form that is due to expire before USCIS believes theyll be able to adjudicate the I-485 petition, or before a green card become available, will also cause USCIS to issue an RFE for a new medical exam. 2023 Murthy Law Firm. We received EAD / AP approval on 08/09/2021 for an employment-based I-485 filed on November 2, 2020. When adjudicating an immigration benefit, officers need to verify facts such as dates of marriage, birth, death, and divorce, as well as criminal and employment history. If you are in this situation, you may consider the family-based route under f2a. If you don't receive a response or update within 94 days since USCIS originally sent you the RFE, it's a good idea to reach out to the USCIS Contact Center at 1-800-375-5283. Yes, you can use the same interfile letter as a cover letter for your medical RFE response. We received EAD / AP approval for an employment-based I-485 filed on October 22, 2020. The rate of approval after RFE was 55.3% in the second quarter of FY 2020, slightly up from Q1 of FY 2019, but generally on par with the post-RFE approval rate of recent years. - I am going to apply for a motion to reconsider shortly.. point out our original response with proof of medical and filing letter from lawyer etc, the dates and content of our responses (june and Aug 2018) and also add an updated fresh medical report as well-Is there any hope on this? Cases filed in 2021 and 2022 may be adjudicated ahead of those filed much earlier. If concerned that I-485 was approved incorrectly, you may should out to USCIS at 1-800-375-5283. This field is for validation purposes and should be left unchanged. I am waiting 12 days after they recieved my response. Only i140 is employer application. Instead, the Beneficiary chose to wait and the I-485 was filed on December 23, 2021, and approved on April 11, 2022. ROW country. While the current administration has made some useful changes, including noted policies, the COVID-19 pandemic has contributed to the continued slowdown. This means that i693 will be accepted even if the doctor signed it more than 60 days ago. Yes, USCIS can issue/send multiple, successive RFEs on any single case. Today, we received notification that the principals GC has been approved. USCIS is focusing only on using up all the available visa numbers before the end of this FY (09/30/2022) without considering when I-485 was filed. once 485J come through, 485 will be adjudicated in 2-3 weeks, Thanks, Murali. The 60-day clock starts on the day USCIS receives your RFE response. I did submit it initially. We also received a recent I-485 approval for a ROW applicant. Your previous content has been restored. The issuance of a RFE can have a significant impact on the outcome of an I-140 application case. Just to avoid rfe in later stage. It is important to pay attention to all the details of the RFE and diligently prepare every piece of evidence requested. Now, a 50% chance is a very good chance given that there are thousands of applications waiting to receive medical RFE. Form I-485 Fees Form I-485 application fee is $1,140. Im on the same boat. I think the case being handled by a Field office helped in my case. The service center address will be mentioned in the bottom left corner of the i-485 receipt notice. EAD/AP was issued in July 2021. velocity used trucks I-485 Decision after Medical RFE response Submitted. We noticed countless posts on Facebook, Twitter, and Instagram in recent months with a bold headline asking applicants to send in the medical forms ASAP. Work Visa I 485 stuck after submitting medical rfe Amazon Ierh21 Apr 25 28 Comments Submitted aos I 485 October 2020. wasting GC numbers in 2021 and will continue to do so in 2022.My i-485 application for green card was submitted in Oct-2020. Biometrics appointments occur 5-6 weeks filing an application, leaving approximately 16-22 weeks until the process should be completed. The Beneficiary couldve filed concurrently with I-140 EB3 in October 2020. Since this is a premium feature, you can pay for it and get it embedded automatically. Ugh, thats terrible. I thought it would take so many years to get GC after applying. Youll also be able to provide documents that can further support your case or persuade the reviewing officers to approve your application. Below is a sample post. The original copy of the RFE should be the first page of your response. Some attorneys recommend using green or pink-colored paper just to highlight it. Working with an experienced immigration attorney who is used to responding to RFEs is a great way to get some peace of mind that youve done everything correctly. The trigger may be answering a yes to any of the inadmissibility questions in Form I-485 such as to a question regarding criminal conviction or arrest. When the USCIS officer gets the response, it will take 60 days or more to take further action on processing the case. Does USCIS update case status after RFE response? If I-485 is impacted by retrogression, the application will be transferred from the local field office to the national benefits center. If your petition is in this status, it means that USCIS will start processing the case as they have received requested documentation. Since it has your receipt barcode, USCIS can easily scan it and find your file quickly. We were finally able to get verbal confirmation from USCIS that a visa number was probably pre-allocated to the applicant, and as such, the I-485 was able to be approved during a month when PD was not current. I filed via eb1b. All initial evidence must be received by USCIS before the EAD will be issued. Reply If you have not submitted the I-693 as part of the I-485 filing, please do not submit it until you have received an RFE specifically requesting it. Make sure to carefully review all the required documents for the I-485 petition and submit them, missing documents from your filing will likely trigger an RFD. If such a letter is requested, it must be submitted by the petitioning employer or by the new employer, if the I-140 was ported. Your pending i485 application will not see any adverse effect simply because you tried to interfile. Supply/Log, Go to company page We dont have any answers yet but may provide updates later. If not get one and let the lawyer handle the issue. The approval was so quick that it came earlier than the EAD/AP rendering them moot. @Amazon: congrats on your GC. Heres another sample I-485 EB approval which was filed in July 2021. Also, make sure that you enter the correct email and a phone number where you can be reached easily. We received EAD / AP approval for an employment-based I-485 filed on October 23, 2020. During the last four months, the EB-2 priority dates for India and China have moved forward over two years. How do I check my RFE status? All Rights Reserved. I had fedex my documents around late Oct-21 with a delivery confirmation. Although it is now clear that EB1 EB2 and likely EB3 numbers have been used up, USCIS will continue to receive I-485 applications in accordance with the current September 2022 visa bulletin. We know that most Indians will happily take this risk even if it gives them a slight chance to get ahead in line. Applicants completed their biometrics on March 5, 2021. This page was generated at 02:44 PM. Immigration laws will continually change, but an experienced immigration attorney will always be able to give you the most up-to-date immigration advice you need.
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