The RFE will provide instructions for filing. 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. I have also set up a consultfor a second opinion next week. 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. The I-693 should be filed as soon as possible after receiving the RFE so the case can be adjudicated before September 30, 2021. The average RFE response processing time is 90 days. Microsoft, Go to company page 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. In summary, we saw a flurry of I-485 approvals that were filed in 2022 in recent months. For those who jumped the gun, its still possible that USCIS can link the missing I-693 to your pending I-485. msc2190 series; RFE paper was pink in color and came from the KS office. Asurion, Go to company page The "best evidence rule" states that where the facts are at issue in a case, the officer should request the original document. OP did you get any updates? Unfortunately, instead, many have been seeing that a second RFE has been issued in the case. This page was not helpful because the content: Immigration Relief in Emergencies or Unforeseen Circumstances. No they wouldn?t response they got that. 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. Below is a sample showing I-485 supplement J receipt issued on 05/24/2021 and I-485 approval issued on 7/21/2021. If you receive the I-485 Supp J receipt, it's a good sign that your I-485 may be approved soon. This I-485 was filed concurrently with a second I-140 (EB3) at the Texas Service Center. Although almost all of the I-485 EB applications have been approved without an interview, interviews may still be requested. It is a document which provides reasons why the USCIS officer believes your petition should be denied. Heres a sample I-485 approval issued right before the end of the fiscal year. 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. They were among the unlucky ones who despite filing early missed out on receiving their GC before numbers were used up in early September 2022. This I-485 was filed concurrently with I-140 EB3 and as such filed at the Texas Service Center. Biometrics appointments occur 5-6 weeks filing an application, leaving approximately 16-22 weeks until the process should be completed. It is possible to confront the rejection or the denial of the application, even if the response was submitted on time. immihelp.com is private non-lawyer web site. Among I-485s filed in October, cases filed at the Texas Service Center are processed slower than National Benefits Center. An RFE Does Not Necessarily Mean USCIS Will Deny Your Application. Obviously, this whole transfer of the underlying basis is not working well. Per the US Depart, New year, new USCIS fees! But wait, the immigrant visa validity is less than six months?! If you receive an RFE, dont panic. Its not a contentious meeting. The information on this website is for general reference only. All the best! Did you get your EAD/AP yet ? You only get one chance to respond to the RFE, make sure you get it right. One final update about the client (from last update) whose GC was approved while visa was not available. USCIS RFE Response Time - Normal 15 Days to no limit. This can be a stressful event and you may wonder if this means that your petition is at risk. The federal government requires all tax-eligible U.S. citizens to declare their worldwide income sources to the Internal Revenue Service (IRS) every year. I485: Got an RFE and the letter says I need to send I693 (Medical test report) Like this thread 0 0. I called USCIS and they told me that my ?target date? It can take anywhere from 60 to 90 days for processing of the EAD applications after RFE response was submitted. When the USCIS officer gets the response, it will take 60 days or more to take further action on processing the case. Tableau, Go to company page Make the payment as required securely using the payment gateway. This will easily save about 30 days of processing time on your case. The NBC will monitor visa number availability and complete adjudication once visa becomes available. Display as a link instead, Instead, the Beneficiary chose to wait and the I-485 was filed on December 23, 2021, and approved on April 11, 2022. MyCase status got updated to "rfe response was received" on October 15th. On March 24, 2021, USCIS announced that it will be extending its flexibilities around responses to several requests, including RFEs. Microsoft 2isi3jd. Does uscis update the online status when they send out the j receipt? All initial evidence must be received by USCIS before the EAD will be issued. If not get one and let the lawyer handle the issue. 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. How much longer will it take to hear an update? 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). Based in Seattle and field office is Boise Id. What gives? Then you can begin to worry :). Its certainly interesting to find an interview request at the end of the fiscal year when USCIS is working hard to approve I-485s before 10/01/2021. Did you ever receive a notice saying they had the rfe? I thought it would take so many years to get GC after applying. Don't have much words to express how I feel, but I finally received my 10 year card after almost a 3-year wait. Things are moving fast now. But youll need to explain why you cannot provide the requested document and provide acceptable secondary evidence or documents. You should use your US mail or physical address here. These second RFEs seem to be a new trend in USCIS. I just sent back my RFE which was a new Medical Exam, and I would like to know your experience of how long to get a decision or approved after sending back your i-485 RFE. USCIS must have made their decision no more than two years after the civil surgeon signed the form. I-485 was filed on 10/27/2020. 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. Received medical rfe Jan 2022 and mailed i 693 medical rfe back Feb 4th 2022 and never heard anything back. I realize you are under a lot of stress. If you made a mistake in the document, do not worry. Adding a Barcode helps USCIS scan and locate your Green card file easily. Question: How Many Days After Rfe Response, Quick Answer: How Do I Know If Uscis Received My Rfe, Question: How Long Does It Take Uscis To Review Your Case, Quick Answer: Can I Travel With H1b Transfer Rfe Pending, Quick Answer: How Long After Request For Evidence Response Review, Question: Can I Travel To India When H1b On Rfe, Can I Travel To Usa When Extension In Rfe. There are some exemptions to paying this fee for some categories of immigrants. USCIS needs evidence of continuous employment authorization in the U.S. from the time the I-485 was filed until the RFE was issued. Yes, you can use the same interfile letter as a cover letter for your medical RFE response. There is no charge for this service. You should wait it out and if the facts are as stated, the matter will be resolved. USCIS Case Status Message Explorer According to Lawfullys data analysis of USCIS case status message updates, among the people who received the status message Case Is Being Actively Reviewed By USCIS, the most probable next update message is Card Is Being Produced, (at 66%) after an average of 39 days. There are several requirements for the form to be valid, this includes: Also, even if the form meets these requirements, if a USCIS officer believes the beneficiarys medical condition has changed, they may require the filing of a new Form I-693. The applicant completed biometrics on March 5, 2021. My 6 years with H1 is over. How long does it take USCIS to make a decision after medical RFE 2021? Citizenship and Immigration Service (USCIS). Education and precautions are the strongest tools against COVID-19 infection. Honestly just thankful to God for giving me strength throughout the wait. We are seeing this trend for the batch of I-485 cases filed after October 2020. Nov 11, 2021 23 Comments. Since October of 2020, applications filed at TSC are generally processed much slower than the national benefits center. How long is the typical wait time for approval at this stage and green card to be mailed to my address? Also, make sure that you enter the correct email and a phone number where you can be reached easily. We experienced a similar incident in 2021 where a family-based GC was issued despite PD was never current. Form I-693 must be valid at the time the USCIS adjudicates, or makes a decision about, your I-485 petition. The app will automatically create the PDF letter and send it to your registered email address within 1-5 minutes. A .gov website belongs to an official government organization in the United States. There is a 50% chance that your interfiled medical application will end up in your green card file at the USCIS service center. This example is a Chinese National, EB2, with a PD in December 2016. NOTE: PD is not current. Below is the final one which took the longest to process. Whatever that means. December 21, 2021 We denied your request for expedite processing. Also Nebraska. Looks like the denial letter only references our Aug 2018 and says there is no medical report in there.. when in reality it was not supposed to be in there. USCIS's official guideline is to respond to RFE within 60 days after your RFE response submission. This alert clarifies that thisflexibility also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as certain filing date requirements for Form I-290B, Notice of Appeal or Motion. This month my PD became current and i was eagerly awaiting some good news (Waiting for more than 10 years now! The interview was also waived. A very few also received their Combo card / EAD. Most people who have responded to an RFE can, however, expect further action by USCIS within about 60 days. USCIS will issue the medical RFE. The crazy thing is that for the dependent, the case update showed the following: We are temporarily pausing work on your application because an immigrant visa number is not immediately available to you. I used express mail so I knew it was delivered. Amazingly, client received Green card prior to receiving EAD/AP. . Before covid (when interviews are the norm), interviews are straightforward. Microsoft, Go to company page I-485 D+301 Request for Evidence (RFE) from USCIS 2021-09-03 I-485 D+308 Response to RFE 2021-09-17 I-485 D+322 Decision (Approval or Denial) This timeline was created with the Lawfully App. My case is in the Nebraska service center.Priority date is currentTC: 230k, Go to company page If you are thinking about F2A, also check out USCISs page on transfer of underlying basis.. I have been using EAD/AP for the last 6 years or so. Do you have a lawyer? It still is not current. Even if unauthorized employment has occurred, there are provisions under the law for forgiveness in certain circumstances. Since it has your receipt barcode, USCIS can easily scan it and find your file quickly. Got approval in March 2022. It does seem like stand-alone I-485s are being processed faster than I-485s that were filed concurrently with I-140s. We are still accepting new cases, working on existing cases, here to answer any questions and help clients navigate this challenging time! Took about 80 days after medical rfe was received.Tc 360k, Go to company page Secure .gov websites use HTTPS The medical report is already submitted in our June response :-(, - Has anyone seen or heard a situation like this? This is required for USCIS to locate your i-485 file in their mail/storage room. But ourfull suite of immigration law servicesis available to clients nationwide and even around the world. An attorney or a company sending this letter can add their name in the header and custom information in the footer if required. Compile all the documents requested and submit them. Unfortunately, many 2021 and 2020 filers got bumped to the end of the line. If you are between the ages of 14 and 79, you must also pay a $85 biometrics fee. Here is my quick summary of my status:EB2 Applicant, PD May 1 2009, Got an I140 approved and applied I 485 in Feb 2012 when it was current and waiting for AOS ever since it retrogressed. We are also receiving straight I-485 approvals (interview waived) for cases filed prior to October 2020. How much longer will it take to hear an update? The I-485 was approved on October 27, 2021. Download the Lawfully App now. After finger print what last February, what i got is EAD. Again, interviews are being waived. USCIS claims that they must increase filing fees to keep up with operational costs to timely process cases. If the applicant re-linked I-485 to a different I-140 in FY 2022, the applicant may again re-link back to the previous I-140 by submitting form Supplement J. I-485 at the local field office or national benefits center. Medical exam is valid for 2 yrs but there is 60 day period which is unclear what that is. Sample Barcode printed on medical interfile letter: Enter your Name and Birth Details. yes, for 485j sent during initial submission, they send reciept when 485 ready for adjudication, based on other forums i read thru. Did you get it finally? Why Is USCIS Increasing Filing Fees? Case status for my I-485 changed to response received a couple of days later. We received EAD / AP approvals for an employment-based I-485 filed on October 27, 2020. Add the date and place of sighing. Today, we received notification that the principals GC has been approved. We received two approvals today: Both filed in July 2019. After you receive an RFE, it's time to prepare your response. Official websites use .gov You will need the assistance of experienced immigration attorney to assure that the secondary evidence submitted meet USCIS guidelines or prior pattern of approval. Below are some approval notices of cases filed in October 2020. If this is your first visit, be sure to We received EAD / AP approval on 07/17/2021 for an employment-based I-485 filed on October 27, 2020. We know that our clients and others have gone to significant lengths to timely respond to the RFEs, including contacting old employers for copies of previous immigration filings, obtaining painstakingly-drafted, original confirmation of employment letters, placing numerous service requests for RFEs not received, etc. According to Februarys visa bulletin, it seems like the F2A category will no longer remain current. If you are a dependent whose I-485 did not get approved with the principals I-485, you may consider F2A and have the principal file an I-130 on your behalf. We received EAD / AP approval on 08/02/2021 for an employment-based I-485 filed on October 27, 2020. Don't get your hopes up, it all depends on your specific case and your IO and how he is organized and what mood he is now After sending my new medical exam, it took me around 2 weeks to get approval notice for I485 and a week later got GC. I had received an RFE from USCIS in Sept-2021 to submit the documents pertaining to . We are going to close this page with this last post. Recently, we have noticed an increase in transfer notifications, and as a result, all of our pending concurrent filings from October 2020 have been either transferred or approved. Here are some things to keep in mind when first making the I-485 petition filing in order to avoid receiving an RFD down the road: While a Request for Evidence (RFE) is not a cause for panic, the receipt of a Notice of Intent to Deny (NOID) is a more serious matter. The applicant completed biometrics on May 6, 2021. A second RFE is not an indicator that a petition is going to be denied. i-485 decision after rfe response; nbc; employment based eb1-2. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Sumner Immigration Law, PLLC View Our Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm. It may be some time before the medical report is needed- we advise clients to wait to avoid needing to get a second medical report if the first expires before USCIS asks for it. 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 . Visa number is current under EB2. You will receive an RFE in the mail or can check online for an outstanding RFE by using the case status tool. 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. Many 2022 filers are seeing record-breaking approval times while many 2020/2021 filers are still waiting. My Medical RFE was received today and USCIS updated the case status to RFE received. The next step is to enter your contact details. Got the medical doen and send RFE on 11th. EB-1A Alien of Extraordinary Ability Visa Requirements, EB-1B Outstanding Researcher or Professor Criteria, Law Firm Website Design by The Modern Firm. Total fees: $1225. This is not a form you fill out but is simply a way for the agency to notify you of missing or insufficient information. The interfiling simply means that you send the documents as per your wish and then request USCIS to add them to your file. Also, your attorney may or may not agree to send it without RFE. The RFE should indicate an expected timeframe for your response, typically within 30 90 days (but never more than 12 weeks). 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. 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. You can use our app to generate this medical RFE interfiling cover letter and keep it on top of the i693 package that a USCIS-approved Civil doctor would have given you. If I-485 is impacted by retrogression, the application will be transferred from the local field office to the national benefits center. We are seeing this trend for the batch of I-485 cases filed after October 2020. The beneficiary is a Chinese national. An original and current employment verification letter is needed from the sponsoring employer. Citizenship and Immigration Services announced that it adopted measures to assist applicants and petitioners who are responding to certain Requests for Evidence (RFE) and Notices of Intent to Deny (NOID).
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