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 and thatone in file (referencing the one i submitted Feb 2012) is expired, Reality: I submitted response to RFE by June 2018 and my lawyer sent another addendum to the RFE on Aug 2018 to resubmit my I485J Confirmation of bonofide job offer/portability clearly mentioning it was an addendum to the June submission. Interestingly, this was filed concurrently with I-140 and as such at the Texas Service Center (TSC). I-485 was filed on 10/27/2020. Although we still have some I-485s (filed in October 2020) that are still pending, we have received all of the C09 EADs. Many may soon be celebrating after one and a half years of waiting. This is a positive sign as USCIS is trying to quickly eliminate its backlog by transferring I-485s to places with more resources. In light of the COVID-19 outbreak, the Sumner Immigration Law team is working remotely starting March 17th, 2020. EB3. MyCase status got updated to "rfe response was received" on October 15th. Or is that also still pending ? Congrats btw! Still, it is possible to overcome a NOID, advisably with the assistance of a skilled immigration lawyer by your side. It does not mean that the denial of your application is inevitable; only that USCIS needs or wants more information from you in order to make a decision. Provide more evidence that supports your case, not less. We are seeing this trend for the batch of I-485 cases filed after October 2020. USCIS has recently announced proposed changes to their filing fee schedule. RFE most likely mean Over 1M Users on Trackitt . I have a pending green card approval thru my H1b. Future updates will be on a new page for FY 2023 filings (a link will be shared soon). OP, When did you get your biometrics appointment ? ), your official title or position, and annual salary or hourly wage. Your previous content has been restored. Also, I sent out my medical and suppl j form in the same packet, and the uscis updated my online status, saying the tie of response was received on Sept 3rd, 2021. Time between RFE for medical exam and i485 approval Just received a RFE to submit my I-693 (medical exam) in support of my green card 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). The Doctor usually charges about $350 per application and you stand to lose it. If I-485 is impacted by retrogression, the application will be transferred from the local field office to the national benefits center. The original copy of the RFE should be the first page of your response. If you made a mistake in the document, do not worry. For people sending this letter on their own without using an attorney service, leave the header and footer fields blank. Did You Receive a Text from USCIS about I-693? We expect more stand-alone I-485 to be approved in the near future. As a reminder, the processing of your I-485 is suspended if your Priority Date (PD) is no longer current. Click on the Check Status button and wait. Also, your attorney may or may not agree to send it without RFE. Set aside some time for this task. 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. | While your I-485 is no longer being processed, your EAD / AP if filed with I-485 will be adjudicated regardless of PD. With the USCIS becoming more strict when processing H-1B petitions, there has been an increase in the rate of annual RFEs. The applicant completed biometrics on March 23, 2021. Microsoft, Go to company page See here for more info about transfers to NBC. 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 just received our first I-485 EB approval today from the main batch of cases filed in October 2020. I had received an RFE from USCIS in Sept-2021 to submit the documents pertaining to . At this time, you should be connected to a live agent. During the last four months, the EB-2 priority dates for India and China have moved forward over two years. 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. info@sumnerimmigration.com, By Nikita St. Amour, Immigration Paralegal Congratulations, its the moment youve been waiting foryour immigrant visa has been approved! 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. 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. Once you know the field office, ask them if they have the offices address. You can check the current status on the USCIS case status website here by using your receipt number. Reply Then you can begin to worry :). Applicants may respond to the RFE with completed medicals. When a letter of Request For Evidence is sent out, the petitioner has certain time to respond. On March 24, 2021, USCIS announced that it will be extending its flexibilities around responses to several requests, including RFEs. When you see the list of options, click . 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. 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. once 485J come through, 485 will be adjudicated in 2-3 weeks, Thanks, Murali. You will most likely receive an RFE if any of the issues addressed above occurs in your petition. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. Are you sure about this interfiling medical without RFE? I am actually waiting for the RFE from Nebraska SC. 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. ), instead I get a I485 Denial to my utter disbelief. Unfortunately, instead, many have been seeing that a second RFE has been issued in the case. Wow, that's so fast! Here are some things to keep in mind: We are aware that many clients have waited years for the green card, and their life plans depend on the approval. I got my I693 RFE (medicals) at the end of September, and lawyers submitted the response on October 7th. Make the payment as required securely using the payment gateway. It is okay even if you use plain white standard paper. Contact us and we will help you fix the error and regenerate the letter without paying again. If you receive an RFE, dont panic. Unfortunately, its bad messaging. 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. Your pending i485 application will not see any adverse effect simply because you tried to interfile. You will need the assistance of experienced immigration attorney to assure that the secondary evidence submitted meet USCIS guidelines or prior pattern of approval. I have been using EAD/AP for the last 6 years or so. When the USCIS officer gets the response, it will take 60 days or more to take further action on processing the case. If this is your first visit, be sure to 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. 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. This is not a requirement, but it helps USCIS to quickly see the evidence being submitted and helps to avoid a document being overlooked. Amazon Make a copy of the RFE for your records since youll need to return the original RFE with your response. These second RFEs seem to be a new trend in USCIS. USCIS may simply want an update about your family and residence history. There is nothing to lose here. You can also send it to the USCIS field office if your green card file has been transferred there. Some positive news to share. They will place request so it will trigger & someone can look into your case for issuing it. Advise applicant NOT TO contact USCIS when visa number is again available. March 5, 2020 The fingerprints relating to your Form I-485 Application to Register Permanent Residence or Adjust Status, were taken. Hahahha YOUR case is different. If your interview went well, everything will be fine. All the best! If you cannot provide a requested document, simply not providing it will not likely lead to a denial of the I-485 petition. Once the page refreshes you will see information about your case. Amazon, Go to company page 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. We received EAD / AP approval for an employment-based I-485 filed on October 23, 2020. This I-485 was filed concurrently with I-140 EB3 and as such filed at the Texas Service Center. . So many variables that impact and response back from USCIS on other cases. Tableau, Go to company page Do we need to send Husband and Wife in one Mail or separate mails with cover letters? questions and help clients navigate this challenging time! Got approval in March 2022. 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. Share sensitive information only on official, secure websites. Although almost all of the I-485 EB applications have been approved without an interview, interviews may still be requested. If you are lucky you should expect your green card within 1-3 months of your 485 application is actively touched (485J notice or issuing RFE). Most people who have responded to an RFE can, however, expect further action by USCIS within about 60 days. August 6, 2020 The fingerprints relating to your Form I-485 Application to Register Permanent Residence or Adjust Status, were taken. 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. Just to avoid rfe in later stage. 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. Form I-485 Fees Form I-485 application fee is $1,140. This will easily save about 30 days of processing time on your case. Received medical rfe Jan 2022 and mailed i 693 medical rfe back Feb 4th 2022 and never heard anything back. How long is the typical wait time for approval at this stage and green card to be mailed to my address? Assemble your response to the RFE in the same order that USCIS listed the evidence. But ourfull suite of immigration law servicesis available to clients nationwide and even around the world. 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. immihelp.com is private non-lawyer web site. Every employment-based application has eligibility criteria and other conditions that both the employer and employee must meet. USCIS will receive but can not approve until visa numbers are available again. Below is a sample post. All have been transferred to National Benefits Center prior to approval. The applicant completed biometrics on April 2, 2021. Before covid (when interviews are the norm), interviews are straightforward. We received two approvals today: Both filed in July 2019. It certainly helps USCIS since you are adding your i485 receipt bar code. What gives? Finally, many may receive similar RFEs as they get closer to final adjudication. My 6 years with H1 is over. Do We have to go through our company immigration lawyers to send this or individuals can send out the letters themselves? 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. Getting ahead in the queue even though your PD date or the i485 receipt may be after someone who has an earlier PD date. Since it has your receipt barcode, USCIS can easily scan it and find your file quickly. I filed via eb1b. The RFE will contain a list of the missing documents as well as reasons why some documents are not sufficient. If your interfile request is successful, then your file has a better chance of. The short answer is yes. Acquiring a green card makes you a lawful U.S. permanent resident, as such, you automatically assume all the tax responsibilities of a U.S. tax resident. We received an I-148 approval which was filed on October 26, 2020. If concerned that I-485 was approved incorrectly, you may should out to USCIS at 1-800-375-5283. I hope more people weigh in there and share their thoughts and experiences. Since October of 2020, applications filed at TSC are generally processed much slower than the national benefits center. USCIS has created a lot of confusion in its social media drive about the I-693, Report of Medical Examination and Vaccination Record. An RFE Does Not Necessarily Mean USCIS Will Deny Your Application. Married to USC (waiting for conditional GC). Thank you everyone for the support! Do you have a lawyer? We just received an extremely fast approval of an I-485 which was filed on July 27, 2021. We got the I-485 Supp J receipt yesterday, issued on 09/29/2021. VMware, Go to company page All this is done without USCIS requesting these documents through the official process of RFE (request for evidence). You can send the i-693 medical form without RFE and request USCIS to interfile your sealed health record with the pending i-485 application. This can be a stressful event and you may wonder if this means that your petition is at risk. I used express mail so I knew it was delivered. The I-693 should be filed as soon as possible after receiving the RFE so the case can be adjudicated before September 30, 2021. Also, the RFE will list all the documents which still need to be submitted, as well as any alternative documents if you cannot provide the requested originals. The response is its at boise fo but I knew it already and it has been the case for 4 months. Address the Appeal with the Administrative Appeals Office. 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. My case is handled by the Texas Service Center (TSC). 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. Unfortunately, many 2021 and 2020 filers got bumped to the end of the line. Unfortunately, its all random try to expedite if possible but they usually dont expedite 485 they only expedite ead. Did you get it finally? It is a document which provides reasons why the USCIS officer believes your petition should be denied. You may have waited for a decade for your Green card. The 60-day clock starts on the day USCIS receives your RFE response. Youll also be able to provide documents that can further support your case or persuade the reviewing officers to approve your application. Official websites use .gov This is a preventive measure to ensure that Form I-693 will be valid by the time your petition is adjudicated. I had received an RFE from USCIS in Sept-2021 to submit the documents pertaining to my I-693 medical exam by 13-Dec-21. OP did you get any updates? Yes, the RFE will delay issuance of the EAD. Is this a straightforward case or a downgrade/upgrade/interfiling between EB2/3? The USCIS statistics do not include outcomes from L-1 applications at U.S. consulates or ports of entry. How to Submit an RFE Response. If the documents you are providing are in a language other than English, youll need to provide a certified English translation of that documents. So total processing time was exactly 3 months. Log in to apps.am22tech.com and fill in your i-485 receipt details. 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. Does USCIS update case status after RFE response? The federal government requires all tax-eligible U.S. citizens to declare their worldwide income sources to the Internal Revenue Service (IRS) every year. There is no fee if an applicant is filing as a refugee under section 209 (a) of the INA. Add the date and place of sighing. While the current administration has made some useful changes, including noted policies, the COVID-19 pandemic has contributed to the continued slowdown. Unfortunately, USCIS is not following FIFO. USCIS doesn't have any deadlines to respond to YOUR response to RFE (request for evidence). It really depends on which one is handling your case. Its difficult to say whether this will be faster than continue waiting for your I-485 (dependent) to be approved. The applicant completed biometrics on March 5, 2021. This means that i693 will be accepted even if the doctor signed it more than 60 days ago. 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. Officer asks very simple questions about employment, immigration history, and goes through the form with you. . It's at the mercy of the service centre then. After USCIS receives a response to the RFE, they will update the same in their online system for the H1B case. Often, they don't post any case status update online. I m only slightly jealous loll, I think u can file a ticket if its beyond 60 days of rfe response, Tired ticket its no use. But in rfe, they asked for it again. The NBC will monitor visa number availability and complete adjudication once visa becomes available. Over 1M Trackitt Users . We received EAD / AP approvals for an employment-based I-485 filed on October 27, 2020. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. We received EAD / AP approval on 07/17/2021 for an employment-based I-485 filed on October 27, 2020. I heard that some people got approved in 2-4 days after sending back the RFE and sometimes 2 weeks or more, is that true? However, there have been reports that some are still waiting for their receipts. No updates since. USCIS is also interested in making sure the beneficiary of the I-485 petition has not worked without authorization since the I-485 was filed up until the RFE was issued. How long does it take to receive an i-485 decision after medical and supplement j RFE response is received by uscis? Just a couple of weeks ago my fianc received an RFE response to her H1B t . We look forward to celebrating the approval with you soon, and hope the above information gives you a little sense of peace in the meantime. The RFE will come as Form I-797 which USCIS uses to communicate with applicants and beneficiaries. EB-1A Alien of Extraordinary Ability Visa Requirements, EB-1B Outstanding Researcher or Professor Criteria, Law Firm Website Design by The Modern Firm. USCIS usually does not send any receipt or acknowledgment for interfiling letters. You will receive an RFE in the mail or can check online for an outstanding RFE by using the case status tool. NVIDIA, Go to company page For many people this evidence would include copies of Employment Authorization Documents (EAD) or H-1B (or other employment-authorized status) approval notices/Form I-94 cards. That case was approved in Texas in 2021 and was never transferred to NBC. The important thing to remember is that an RFE is not a denial and it is not a guarantee of an impending rejection. In practice, most RFEs are responded to much quicker, provided no other issues or delays are at play. Send one as interfiled letter and then keep the second one for the case where USCIS sends the RFE. Request for an updated Form I-693, Report of Medical Examination and Vaccination Record. Hope you get it soon. We are preserving evidence of our good faith attempt to cure in case USCIS later wants to blame the applicant for not saying anything about the wrongly issued card. Also Nebraska. It is possible to confront the rejection or the denial of the application, even if the response was submitted on time. i-485 decision after rfe response; nbc; employment based eb1-2. All initial evidence must be received by USCIS before the EAD will be issued. Historically, cases were never denied without an RFE and a chance to respond to any perceived deficiencies. The RFE will also contain instructions for responding as well as the deadline by which your request must be received by USCIS. Once you have entered all values and there are no errors, click the . Since they issued the RFE, I assume the USCIS will waive the interview. Provide new evidence that the case should be reconsidered or reopened. I knew many cases they approved 485 in 48 hours after i130 approval. If your petition is in this status, it means that USCIS will start processing the case as they have received requested documentation. You cannot paste images directly. In other words, you have 60 extra days to respond to the RFE beyond the response date printed in the request. Yes, you can use the same interfile letter as a cover letter for your medical RFE response. USCIS is now showing new case status updates relating to pending I-485. 2 attorney answers Posted on Feb 2, 2021 As long as your I-140 is/has/will be approved, then so should the I-485 and you should see your plastic "green card" in your mail box within a month and a half. But sometimes, if USCIS deems that the evidence submitted is not sufficient or if some evidence is missing from your file altogether, or if your application has been sitting unadjudicated for a period of time due to visa retrogression, USCIS may issue a Request for Evidence (RFE). EAD/AP was issued in July 2021. What happens after RFE response I 485? Please note that there is no official medical interfiling process designed or published by USCIS. This information is not intended to create an attorney client relationship. The 3 to 4-month timeframe seems reliable. USCIS's official guideline is to respond to RFE within 60 days after your RFE response submission. Contrast that with some extremely fast approval times for 2022 filer. You can send it yourself as i485 is a personal application. It is you who are under the deadline, not USCIS. The correct message is send in the medical forms ASAP when requested. In other words, those few individuals who decided not to file a second I-140 EB3 together with I-485 during the latter part of 2020 and instead chose to wait for their EB2 to become current and later filing their respective I-485s in 2021 and 2022 are now receiving their approvals before the concurrent filers who had filed many months earlier. If you dont meet the deadline, USCIS will make a decision based on the information and documents it already has, and that often means your application will be denied. However, they failed to set up a system to process cases in the order they are received. Send the sealed medical letter along with the cover letter and the i485 receipt bar code. Below is a sample showing I-485 supplement J receipt issued on 05/24/2021 and I-485 approval issued on 7/21/2021. All rights reserved. H-1B approval rates ticked up in FY2020, but remained historically low Fiscal Year H-1B Approvals RFE Rate 2020 91.4% 28.8% 2019 84.9% 40.2% 2018 84.5% 38.0% 2017 92.6% 21.4%. Heres another sample I-485 EB approval which was filed in July 2021. You can send the medical interfile letter directly yourself without asking your attorney to do it. Note: Your post will require moderator approval before it will be visible. Would you mind sharing which field office you had and what is your i485 receipt date? I am assuming this will not extend to 180 days limit. Note that they may not be the local field office in your jurisdiction. Does Uscis send approval notice in email? If you get an RFE in standard processing, you can expect to get USCIS response in about 80 days after your RFE submission. They send receipts when they have requested the documents by way of issuing RFEs. I see people are getting EAD after their PD become current and also getting 485 approval after few days of EAD approval. A good immigration lawyer can help you and your family with any immigration issues you face and defend you if youre accused of violating immigration law. 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.