My attorney received the RFE notice today. USCIS is stating that I departed the US in 2019 and they do not have proof of my return to the US. In reality, I never departed the US in 2019!
@sktracktx - My attorney has asked me to send the scanned copy of all the passport pages. My understanding is that passport would have all the entry and exit activity recorded in the form of stamps.
I'll have to check with the attorney what other info they are planning to send to USCIS.
This site is not mobile friendly at all. I'm seeing now that all my prior comments are chopped off.
@sktracktx - What I meant to say in my prior comment was as mine is change of employer petition, I don't think it would be a good idea for me to ask my current employer for a letter without telling them the intent. What I don't understand is that USCIS has not looked at all the documents that attorney sent them like my past 6 pay stubs, my most recent I-94, etc.
USCIS entered the petition in electronic system but they are not able to locate the physical petition. So they are asking us to submit all the documentation again.
@ONEH1B - That's ridiculous! I'm starting to see a pattern of silly reasons for RFEs lately. I wonder if USCIS is trying to buy time by issuing these RFEs.
The date specified by USCIS looked vaguely familiar. So, I did some research on the weekend. I remembered I had booked a flight in 2019 to my home country with the same departure date that USCIS has mentioned on the RFE. However, I had called the airlines a few days before the anticipated departure date and canceled the flight reservation. I never departed the US on that date or any other date in 2019. In addition, I had submitted a refund request with the airlines in 2020, which got approved. I informed about my research on this canceled flight to attorney.
My attorney sent the following to USCIS: - Copy of my entire passport with all entry/exit stamps - Copy of my most recent I-94 - Copy of my travel log from CBP website - Copy of my 4 recent pay statements - Copy of canceled flight itinerary - Copy of refund issue email for canceled flight tickets
What I'm still trying to figure out is how USCIS got hold of my anticipated flight departure date, and what made them think that I departed the US!
@humdum @trackitnyuser @ONEH1B - Need a clarification related to EB2 485 filings - (Sorry for unrelated question to HB1 Extension ) -
My priority date is - Dec 02, 2009 As per latest VISA Bulletin - Final action date is - 08 JUL 09 Dates for filing is - 15 AUG 09
So, irrespective of Final action date if Dates for filing has passed Dec 02, 2009 I should be able to file 485, right? Or there is change currently how USCIS is accepting applications? and I have to wait for Final action date to pass Dec 02, 2009 ?
@sktracktx - Based on my understanding, if any of those 2 dates pass your priority date, you can apply for I-485. I would recommend you to check with your company attorney.
You can also post your question in the I-485 forum: https://www.trackitt.com/usa-discussion-forums/i485-eb
@sktracktx - The bulletin provides which date should be used to file I-485 with reference to Date of Filing chart. Also, keep in mind those dates are applicable from first of the next month.
Lawyer received the RFE on Monday. They are reviewing it and will share the details. I think, Employer is not obliged to share the RFE details with employee.
Do you guys know what is the current RFE rate for premium processing?
@trackitnyuser - I hoping for a good news from your side soon. Yours should be straight forward. Don't see any missing link there.
With regards to your question, I don't think USCIS issues RFEs just because a petition is filed under premium processing. I think it's just a widespread misconception that's floating around.
@trackitnyuser - Thanks, Quite possible. May be its more about strict rules, regulations and scrutiny than premium processing. You know mind start running in all direction and tries to find any reasoning behind RFE...:)
@humdum - Same here but lawyer hasn't shared the details...:(...He said questions related to the position I am working in...they will provide their analysis and strategy on how they will address it...Fragomen folks. Did you get a copy of RFE from laywer?
@humdum - 2 years ago, my employer sent the RFE response to USCIS just 3 days before the 90 day deadline. So, 1 month turn around time is really good.
My employer took the completed template that I provided and sent it to a third-party firm which specializes in getting validation letters from professors of reputed US universities. The professor apparently issued a 15 page letter providing his background, credentials, and reasons on why he is suitable to validate my occupation, skills and responsibilities. In the validation letter, the professor discusses each of the job duties in detail and explains how my education background aligns with the work that I'm doing. Apart from this letter, I think my employer submitted job descriptions from jobs at other similar companies.
@sktracktx, My RFE was USCIS lost my physical petition and asked us to send the documentation again. My lawyer replied to the RFE and it been 14 days and still waiting :(
@ONEH1B - Was your petition processed at Texas Service Center? Let me know when your attorney receives the approval notice. It's been 11 days and my attorney hasn't received the approval notice yet.
@ ONEH1B, humdum, sktracktx - It's been 20 days since my case was approved online. However, the attorney hasn't received the physical approval notice yet. Is there anything we can do here?
@trackitnyuser - USPS delivery has been very very late, so it is possible that your approval copy may be on the way. I would also think that you should have an option to ask for reshipping, can you check on your status, it may have mentioned there on how to ask for another copy, I don't remember well.
@trackitnyuser - Mine was approved on Aug 13th and received the approval notice on Aug 20th. Lawyer can call the USCIS Customer Service and request USCIS to send the Approval Notice again.