485 RFE for Visa Screening

pinayhomegirl said:
i am from the philippines and applied my 140/485 on july 2004..so far no RFE on 485..although a lot on I-140 about job postings..another nurse (from thailand) who applied only a month earlier than me has her 140 already approved and now the USCIS is asking her the visa screen for the adjudication of 485..
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I am very interested in the case that the Thailand girl got RFE for VisaScreen after she files 140/485 in June 2004. Which service center she filed with? Her 485 must be processed before 12/2004 and before the Retrogression started. Can you tell me when she got the RFE for VissScreen? Thanks.
 
she is not affected by retrogression since she is from thailand (correct me if im wrong but only those whose birth country are china, india and philippines are affected right?) she filed it @ california service center. The nurse is also from my agency but i know the deadline ( for submission of the visa screen)will be around mid april.
 
pinayhomegirl said:
she is not affected by retrogression since she is from thailand (correct me if im wrong but only those whose birth country are china, india and philippines are affected right?) she filed it @ california service center. The nurse is also from my agency but i know the deadline ( for submission of the visa screen)will be around mid april.
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It's very helpful to know how long time CSC gave the Thailand girl for RFE response. 12 weeks or two months? Thanks.
 
ins interview help

I am a foreign RN nurse , currently living in California, toefl passer, no visa screen yet , I was sponsored for my greencard.

My immigration lawyer informed me that I am on a pilot project for nurses which will decrease time process to get greencard to 6 months. In march i got a interview notice from ins.My lawyer sent a request to postpone interview date, unfortunately ins sent me any other date in april. I have to go this interview because I can’t cancel it second time, this is what my lawyer told me.

The problem is that I don’t have visa screen certificate, does it mean ins deny my application and i have to return to my country.
Also ins requested some papers such as driver licence, utility bills, but didn’t request Visa screen. I wonder since i am on a pilot project , ins hasn’t requested visa screen , or at the interview they will ask my visa screen and deny my application.
 
I think you have to go for the interview as your lawyer said. Take everything with except visascreen. In the interview, don't ask visascreen issue. If the CIS officer ask for visascreen, just tell him it is in process and show him any evidence that proves you have applied for visascreen and you haven't got it yet. If your 485 is denied, you can re-file 485 if your PD is current. Otherwise you have to wait for your PD currrent meanwhile you have to keep your status legal. Before CIS denies your 485, you should get NOID, and you have 30 days for action. You really need visa backlog for your visascreen, unfortunately you don't get it. Talk to your lawyer about what to do if your 485 is denied. Good luck!!
 
Same Boat

We are also in almost same boat.
I am on H-1 and my wife is a physical therapist.
Her GC was applied in Oct. 04.
Received finger print in Nov. 04
We got EAD and AP in Dec. 04
got I-140 approval in Apr 05.

Now she has a state license but does not have FCCPT (Visa Screening)
There was not RFE on I-140.

I am wondering if there will be an RFE for I-485. We are not yet prepared for that. We need to complete TOEFL.
 
lubhit said:
We are also in almost same boat.
I am on H-1 and my wife is a physical therapist.
Her GC was applied in Oct. 04.
Received finger print in Nov. 04
We got EAD and AP in Dec. 04
got I-140 approval in Apr 05.

Now she has a state license but does not have FCCPT (Visa Screening)
There was not RFE on I-140.

I am wondering if there will be an RFE for I-485. We are not yet prepared for that. We need to complete TOEFL.
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Apply for VisaScreen immediately and submit whatever you have. They will evaluate your docs one by one very slowly. The better thing is getting every document being evaluated without problem except TOEFL and TSE. They can wait for TOEFL and TSE, and there is no that much to with passing scores of language tests. So you can get visascreen as soon as you pass the language tests. Don't wait!!!
 
Seriously, apply for Visa Screen ASAP. The Visa Screen process took so long for me that my I-485 was denied because the Visa Screen came after the RFE date. I started the whole visa screen process in august and didn't receive my certificate until Jan 27th. I put in a MTR for my I-485 and it is now approved but I wouldn't want you to have to go through that kind of stress
 
I-485 RFE for Visa Screen.

I-485 RFE for Visa Screen
Question to people here.
I got an RFE on I-485 for Visa Screen which needs to be responded back by may 23. Though i have started the process long back which is almost complete, but i have to appear again on TSE language test, i might have a problem getting Visa Screen before the RFE deadline.
What are the options i have now to respond to RFE?
Is it Possible to get an extension? or INS will reject the petition?
Can somebody tell me how to handle this?

I'll appreciate the response.
 
RE:I-485 Visa Screening

hello
could you tell when your RFE was issued? usually they give you 90 days to respond...we are also in the same boat (RD 12/30/2004,ND 01/11/05) and are worried if we will get one soon. CGFNS is a bunch of lazy people who take forever to complete the process...I am afraid there is not much we can do until we complete the visa screen process...some have posted earlier on this forum saying that if you are from one of the retrogressed countries, USCIS shouldn't RFE for visa screen until the priority becomes current...see if you could get some relief from that side....by the way which processing center did your application is in? Nebraska or Vermont...?

keep hope..
Good Luck...
 
Unfortunately there is no Extension to reply for an RFE which is about 83 days or so if you pass the TSE what i would do is Fax cgfns or fccpt the RFE and test scores for TSE and request them to expediate the case also call them and get them to speed up. Hope this helps.
can you advise what is your country of orgin? are you effected by retrogression
 
I got the RFE on feb 25, 2005.I completed all the requirements for RFE except TSE test which is pretty agonizing one. I have all the documents except TSE passing score and thats why visa screen is hanging up at FCCPT. My country of origin is india. I was quite surprised that they sent an RFE on the case which is supposed to be pending due Retrogression.I am not sure what their process is. I have filed my application in vermont service center. Let see what happens.

Thanks for ur replies.
 
CGFNS is a bunch of lazy people who take forever to complete the process...
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No kidding! it's because of them that I was denied in the first place which led to months of worrying for nothing.
 
Urgent

Hello,
Folks i want to know your advice in this case for I-485 and Visa Screen Issue. INS sent an RFE for Visa Screen on my I-485 application and gave a date of May 23, 2005 to reply back. At that time i didn't had the Visa Screen certificate so, replied back RFE without the visa screen and asked for an extension. I haven't received a response from INS since then. Meanwhile i have got the visa screen certificate now. I will send the Visa Screen to INS asap.

I want to know will INS consider my visa screen certificate after i have responded the RFE? What action they will take and what options i have?

Thanks in advance,
neel
 
nilu2079 said:
Hello,
Folks i want to know your advice in this case for I-485 and Visa Screen Issue. INS sent an RFE for Visa Screen on my I-485 application and gave a date of May 23, 2005 to reply back. At that time i didn't had the Visa Screen certificate so, replied back RFE without the visa screen and asked for an extension. I haven't received a response from INS since then. Meanwhile i have got the visa screen certificate now. I will send the Visa Screen to INS asap.

I want to know will INS consider my visa screen certificate after i have responded the RFE? What action they will take and what options i have?

Thanks in advance,
neel
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In my opinion, the chance is very thin to re-open your case. You may try to file MTR (Motion To Reopen) with your VS to CIS. Usually the RFE cannot be extended and the due date is the last day for your 485 case. You may file new 485 app asap. Talk to your lawyer. When did you get the RFE for VS?
 
fc2000,
Are you sure this is the way process the RFE cases. My Lawyer didn't told anything about reapply for I485. My lawyer had sent a letter to INS asking for extension to submit Visa screen and we didn't get any response uptill now.Now if i provide the visa screen to INS , whats wrong with that?. We haven't received any decision from INS. Let see what happen. Anyway we will be sending the visa screen asap.
We got the RFE on feb,2005 with a response date of May 23,2005.
 
I am not a lawyer. But the due date of RFE is basically the expiration date of your case if you cannot provide the documents CIS requests. I haven't heard any cases having RFE time extended. You may have you lawyer send MTR request with your VS to CIS asap to see if you don't need to file new 485 app. Hopefully you can keep your status even though 485 expired. Take care. And please let us know if you can have RFE time extended. Thanks.
 
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