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Discussion Forums: I-485
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Topic: RFE I-485 - What could be the reason?
Posted by spidercharm (185) 13 Dec 2007
So, my case was frozen with LUD stuck at I-140 approval date. I did not even get any LUD after FP.

I just got status update email saying RFE was issued for my I-485 case. Now, on one hand it's good news that they are looking at my case. But, I am also worried if it can be something serious.

1) What are the possible serious reasons for RFE?
2) Also, Is it it possible that they have already assigned visa number for my case as my case was current all the way until end of november.

Thanks in advance.
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Posted by lrindy (1477) 14 Dec 2007
1) Change of employer, criminal history which was picked up at FBI FP & NC, employer on blacklist or questionable. There are many other things as well.
2) YES it is possible a visa # has been assigned.

It is highly probable the RFE is just that a request for more info that you originally sent with packet to them. The LUD on the I-140 is typical just before adjustment. It could even be for up to date pay slips. Until you get the RFE letter there is only guess work on this. I know it is easy for us to say take it easy and don't get stressed out about this. RFE usually are with your lawyer within 10 days of showing on your account. Keep your lawyers informed and make sure you call them each day to find out if they have received it yet. There are time limits on these requirements so you need to keep on top of it.

USCIS always gives us a chance to prove them wrong. My bet is you just have to send copies of something to them AGAIN!

Good luck and let us all know how it goes.

Cheers,

LRIndy.
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Posted by cookie123 (34) 14 Dec 2007
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Posted by spidercharm (185) 14 Dec 2007
I am still with my original employer since last 7 years. Hopefully it's something minor. Is there a way to find out before I receive the letter in mail?
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Posted by annan617 (5) 14 Dec 2007
I also got an RFE yesterday. I am hoping its just somethimg like employment verification. When I applied for the EB2-NIW I was on a H4 visa and then when my EAD card came through I got a job with a Biotech company. My NIW-EB2 petition got approved about a month ago. Fingers crossed they just want to know if I am still working in the area of my NIW-EB2 petition.
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Posted by coldplay331 (69) 04 Jul 2008
Annan 617......

Can you provide detail as to how you responded to the RFE

thanks
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Posted by gettinggc (1093) 05 Jul 2008
I-485 RFE could be for one ore more of the following:

1) Copy of all your previous visa approvals and/or I-94
2) Employement Verification Letter
3) Copy of the birth certificate iff birth certificate was issued by the Embassy or equivalent organization
4) Some of the suported documents that were filed with the I-485

S..
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Posted by Shiankuraaf (199) 27 Jul 2008
Recently, I have noticed that, so many AOS applicants are concerned about RFEs like
when do they issue RFE, who do get RFE, what they would request in RFE and finally how to deal with it.
There were so many discussions going on before on this subject in Trackitt, but still we see a lot more asking
same or different questions on this subject. I am one of them and very inquisitive about the RFEs.

So I thought of and tried to put some general information together regarding RFEs.

I. Most common situation where USCIS issue an RFE:

1.Changes to Status of Employment while AOS is pending.
2.Isuses in establishing the legal status of an apllicant.
3.Missing or lost documents after AOS filed and before adjudication.
4.Most of the requests for expidite processing when case is long pending.
5.Most of the cases which are not really strait forward like substitution cases.
6.If any criminal history and/or sensitive professions and black listed countries.

II. Most probable times for issues of such RFEs:

During adjudication process: If and when

1.you changed employment using AC21 and informed USCIS about it or when they come to about it.
2.your priority date/Processing date is current and they are looking at your case.
3.they found some discripencies in the information provided thru the documents.
4.they found some documents required are missing/or undated/unsigned documents with application.


III. Most common things/Docs requested in an RFE:

1. EVL(Employment Verification Letter) and A2P( Ability To Pay) for concurrent filings
2. Birth Certificates/Marriage Certificates.
3. Certificates and test result related to Medical Examinations.
4. Pay Stubs/ W2/ Tax transcripts.
5. Documents to prove the Legal Stay or Maintaing Status


Most useful suggestions or any suggestions: Welcome

Here goes......................................

If any of the things mentioned here are annoying for any body, Please ignore this post.

Thanks,
Shiankuraaf
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Posted by Trackbuzz (2077) 28 Jul 2008
gettinggc and Shiankuraaf , thanks for the list :)
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Posted by kabdogegc (345) 28 Jul 2008
Then what documents are going to submit.. as I am also expecting RFE on NIW..
please share so that I can also prepare some documentations in advenace..
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Posted by gciowa (38) 28 Jul 2008
good information... thanks.
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Posted by riyamathur (35) 26 Aug 2008
Thanks Shiankuraaf!that was very useful info.we're expecting a rfe mail too..Really worried if they want EVL.coz my hubby(primary) is working for a new employer now(cudn't help...layoff situation).One thing which bother us the most is that his sponsoring employer cancelled the approved H1B.The 140 is intact though.Pls any guesses/advice, what the rfe will be.....i'm going CRAZY thinking abt it.
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Posted by vkgc2005 (91) 26 Aug 2008

Thanks Shiankuraaf!that was very useful info.we're expecting a rfe mail too..Really worried if they want EVL.coz my hubby(primary) is working for a new employer now(cudn't help...layoff situation).One thing which bother us the most is that his sponsoring employer cancelled the approved H1B.The 140 is intact though.Pls any guesses/advice, what the rfe will be.....i'm going CRAZY thinking abt it.




when did you get RFE? did you get E-mail? before RFE do you see any LUD's on your cases?
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Posted by riyamathur (35) 26 Aug 2008
when did you get RFE?
we've not got it in hand yet.Called the Service centre ,they said we shud get sometime this week.

did you get E-mail?
Yup,we got a e-mail.Got it last week.

Before RFE do you see any LUD's on your cases?
Yes ,saw a soft LUD couple of days, before the email on mine.
Had a soft LUD the same day on my hubby's.
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Posted by ayas (75) 26 Aug 2008
I checked my postal mail and got an RFE. Its regarding my current status.
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Posted by Trackbuzz (2077) 26 Aug 2008

I checked my postal mail and got an RFE. Its regarding my current status.



A, can u please update ur case details with RFE....
wht did they suggest u should submit to prove ur status.. like a letter from ur emp is ok? or H1 paper ?
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Posted by ayas (75) 26 Aug 2008
My h1 was expired on starting of this year. Need to send the latest H1 copy..
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Posted by echoes (216) 26 Aug 2008
I got rfe for tb skin test. The physician did not document that I have tb skin positive. my chest xray was negative but they still need documentations.
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Posted by riyamathur (35) 27 Aug 2008
thanq all for sharing ur experiences.Really hoping that the rfe is not abt employment.
ALL THE BEST everyone! & also congrats to those of you ,who are approved!
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Posted by drirshad (90) 27 Aug 2008
Does the RFE letter say where to send the required documents back to them. Got RFE for my wife, waiting for the letter.

Also do we need an attorney for sending a response to the RFE.
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Posted by ayas (75) 27 Aug 2008
They have a 30 days note from the day they mailed. Technically 7 days will be gone because of mail :-) we will have two to three weeks to send the reply. Need lawyer is based on the RFE..Always good to double check.
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Posted by harapata (253) 27 Aug 2008
Yes the RFE letter will contain the return address for sending the response to. The RFE goes to lawyer on record and the applicant. Yes, you can respond to RFE yourself. It's a good practice to include a cover letter/introductory letter stating what you are submitting and if possible tab the submitted material if it consists of lot of disparate kinds of documents.

Make a copy of the RFE and all pages that come with it and also the material you will submit in response. In the unfortunate case of USCIS losing your response to RFE, you will be then able to submit a duplicate response. That's another reason it's important to submit response to RFE asap so when necessity arises to send in duplicate response, you are still within the deadline.
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Posted by semichigan (21) 27 Aug 2008
My previous lawyer notified me today that I have received a RFE for my I-485. The RFE was for the employment letter. I had filed AC-21 over a month ago and looks like they have not yet updated my new laywers info. in their records.
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Posted by yhiho (78) 27 Aug 2008
I(primary) am wondering my RFE will affect or delay my wie's approval. Thanks
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Posted by wavis (15) 27 Aug 2008
Shiankuraaf,
Nice info, is it true that sometimes for I-485 RFE, they ask all earlier I-94 copies, i am bit worried as i dont have copies of my earlier I-94 copies, in that case what should i do, thanks much
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Posted by riyamathur (35) 27 Aug 2008
We've not got the letter in hand yet,just the notifying e-mail.Also tried calling NSC,they said we cannot tell us waht the RFE is abt.I don't think we need a attorney to respond to a RFE.
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Posted by riyamathur (35) 27 Aug 2008
Upon calling the NSC abt the RFE,they said the case is put on-hold ,till they receive the response from us.Also got to know that no visa number will be assigned till then.
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Posted by riyamathur (35) 27 Aug 2008
thanks harapata for yr input.
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Posted by drirshad (90) 03 Sep 2008
We received the RFE letter for my wife on 09/01 its the TB test, ppd was done another location but the copy was not included as x-ray was -ve but they want the ppd report also, going to the Doc to get it sorted out - wish me luck.
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Posted by galatea (44) 15 Sep 2008
EB3 March 2003 - Philippines
H1B until Oct 2008 no intention to renew as per recommendation from our lawyer
EAD vaid until AUG 2010
I 485 pending since oct 9, 2007
I 140 NOID April 2008
I 140 approved since May 2008

Our medical exams were done last June 30 2007. The USCIS received our I 140/485 (applied concurrently) last august 11 2007. Can anyone know if the previous medical exams (more than a year now) were still valid in case the USCIS start processing our I 485s this coming October? Is it possible for us to receive RFE (since it was more than 1 yr had passed), in case the USCIS starts our green card process this October 2008? thnks!
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Users currently subscribed this discussion: annan617, Shiankuraaf, ayas, drirshad, spidercharm, semichigan, kabdogegc, gettinggc, riyamathur, Trackbuzz, coldplay331, yhiho, wavis, echoes, galatea
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