485 RFE Tracker - Post # 3

Do not worry

Banglababu,

I think the person you spoke to just made up a stupid explaination to get you of the phone. Although anything is possible, I would be very surprised if you have to wait till Novemeber for adjucation. Thinking along those lines, I would probably have to wait another year for approval :(. I think your approval should not take longer than a couple of more months at the most. My wife tried to call and get an update on her 485 RFE case. The person on the phone said that it usually takes 60 days but since the official processing date is May 03 and our case was filed in March 04, we have to just wait till the processing date becomes current. What a load of crap ...

Not sure if people will agree with this but I think there is a deliberate increase in the number of RFEs this year. This gives TSC officers time to catch up on backlog cases (02 cases) that they have pending on their desk. These days RFEs are adding about 2-6 months of delay into the process. This is giving officers the chance to work on cases that will make their numbers look good. Issuing an RFE gives us the impression that someone is working on it but once the RFE reply is acknowledged, the case is just pushed to the side. Knowing that our filing dates are beyond the official processing date, the officers know that we cannot do anything. They can just sit on our cases as long as they like. They know that the only time they HAVE to act is when the RD/ND falls before the official TSC processing dates and I beleive a lot of the 02s are getting approved because of that. Might sound like a conspiracy theory but having observed this stupid processing center for 3 years, I kind of have an idea of their sick tricks ... Its yet another creative way to manage workforce at TSC. Its not fair but what can we expect ...

saras
 
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Saras76
I think you are right, it's just not fair. I keep on waiting every single day for our approval and the anxiety is affecting my health already. I feel so helpless, because my lawyer does not do anything anyway, and he does not go the extra mile for anyone!
I thank God for this forum, because at least I can share my feelings with you guys and the load feels a little lghter.
 
I called my Attorney...

After hearing that my 485 will be delayed by 70 days, becuase we took as many days to reply to the RFE for EVL, I called my Attornney. The Para-legal Staff at attorney's office said, USCIS Service Center representative know nothig about what's going on..so...I still keep my hopes of seeing my approval coming in couple of months...Good Luck to You all...
 
Service Reps

Banglababu,

The service reps are totally useless. I have had several unpleasant experiences with them. As you might know last year my 140 and 485 was transferred to a local office in Miami by mistake. It was recalled somehow in Nov 04 but my online status still states that my 485 is in Miami. My wifes 485 that got the RFE changed from "Transferred to Miami" to RFE ack when RFE was issued and replied to. Now if I call TSC and ask them about my 485, they tell me to write a letter to the local office in Miami and not bother them. When I try to explain that my case is back in TSC they are sometimes really rude stating that the online system says that the case is in Miami. How much more incompetent can TSC be .. DO NOT BELIEVE A WORD THE SERVICE REPS TELL YOU. If you are able to talk to a immigration officer, things might be different but the service reps are no good at all.

mvusa,

I understand your frustration. Believe me, this process has caused a lot of stress in my life. I think my case has been exceptionally screwed up by TSC .. somehow I have managed to get through all the hurdles so far. This forum has been a blessing for me. I try to be very active and I try to answer peoples questions to the best of my knowledge, somehow it makes me feel better about this process. If I can help prevent even a few people from going through what TSC has put me through then I feel that I have kind of gotten back at them. Anyway, lets hope this trauma ends soon.

We are all in it together. The misery will end sooner or later.

saras
 
I-485 RFE & some concerns

Hello POJ, B.Babu, Saras_76, MVUsa & others in this thread,

I was off this forum for few weeks, now back to exchange your thoughtful opinions. POJ, remember me, I was waiting on RFEs on me and my wife's I-485. Finally they came after 3 and half months later to my attorney's address inspite of letting USCIS-TSC know in writting and over the phone that my attorney is no longer providing me any legal service, any way, my ex-attorney was nice enough to mail me those RFEs. Our RFEs asked for legal status for 7 years (I sent all I-20s, I-94s), EVL, 2003-04 tax returns, last three paystubs. I expressmailed them on 6/03/05. I have following questions, if any of you can shade some light on those:

1. Does USCIS acknowldge the RFE after I send them via mail besides Online update, if so where do they mail the acknowledgement to attorney or me?

2. Then where do they send the RFE response besides online update, to me or the attorney?

I would like to share a scenario with you and hopefully some of you can response to help me:

You know my situation from above, now, I have Canadian Permanent residency in July 2002, according to Canadian immigration rule, out of 5 years residency period one can stay outside Canada for maximum of three years and this July,05 my three years would be exhausted and if I want to keep Canadian PR card I must go to Canada this July. On the other hand, I have my I-140 approved, waiting on RFE response. What should I do? Here is what I am planning and need any of your help to see if my plan is solid or not. We have Advance Parole, planning to go to Canada in this July (I do not think TSC will response to RFEs by June- telling from Saras and banglababu's situations) to Keep Canadian PR status and then if we get approval by AUG.16, 2005 (that is when my wife's AP will expire), then can be back to USA by using AP. I have couple of questions on that, if somebody could help:

1. While going to Canada by car, should I submit our I-94s to Canadian officials? I guess it is important to surrender I-94s so that there is no problem during entry to USA.

2. If we decide to use AP to return to USA from Canada can we do that eventough the grounds for AP was to go to native country.

If you could put yourself in my shoes (I understand may not fit) and tell me what would you do, I would greatly appreciate it. Regards.

Taslim
TSC- Employment based
I-140 RD 11/2003, AD: 02/05
I-485 RD 11/2003 (Concurrently)
I-485 RFE 04/26/2005
RFE Sent 6/03/05
FP 12/2004
EAD 02/2004, 02/2005 (Twice)
AP 8/16/2004
 
Answers

Taslim,

I can try to answer a few of your questions.

1. Does USCIS acknowldge the RFE after I send them via mail besides Online update, if so where do they mail the acknowledgement to attorney or me?

Answer - As far as I know, the only update you get upon the receipt of RFE response by TSC is an email and online update. I do not think TSC sends any letter.

As far as travel on the AP. I do not think the AP is restricted for travel to your native country. An AP can be used to travel to any country. You should not have a problem returning.

Please note that I am not a lawyer. Please consult a professional before you make decisions.

regards,

saras
 
Greetings Taslim, :D

Glad to see u, and more glad to hear that u finally got RFE. its really good to learn. I am glad u never giveup.


>>Our RFEs asked for legal status for 7 years .....

If sound u can provide what they are asking :D .... Good!



>>1. Does USCIS acknowldge the RFE after I send them via mail besides
>>Online update, if so where do they mail the acknowledgement to attorney or me?

They Ack on online only, and in many case they even don't ack, I sent Three weeks ago and no ack.
U just send RFE with certified + return recept so when they recieve ur RFE they would put some internal register no that may help u incase any issue.
or u can just send certified, that most att do. they don send with return receipt.


2. Then where do they send the RFE response besides online update, to me or the attorney?

RFE response?????..... They send RFE and u response the RFE , and they ack online only. they don't response of ur response :D otherwise it would be endless mail :D


I would like to share a scenario with you and hopefully some of you can response to help me:

Yes we can resposne of ur response and than u respnse on what we response on ur response..... :D :D



>>You know my situation from above, now, I have .....
..................

All I can say is 'listen to your heart'
Relax, practice ur faith, go to prayers (whatever u believes are), seek help from God on this confusion. speak with ur family members who are very near to u and love u, like your Mother (she can give u best advise), and than listen to ur heart. Trust me, You will never regret ur decision ever,


1. While going to Canada by car, should I submit our I-94s to Canadian officials? I guess it is important to surrender I-94s so that there is no problem during entry to USA.

Make it simple,

Rule 1
Didn't ask Didn't tell (Never tell what u are not asked.

Rule 2
Never give unless u r asked to surrendder, and never hesitate to ask what u r supposed to be given from them.



>> 2. If we decide to use AP to return to USA from Canada can we do that
>> eventough the grounds for AP was to go to native country.

Not very clear what u are trying to ask. :D


> If you could put yourself in my shoes (I understand may not fit)

I heard finally you found Aligator Shoes? :D
HTML: 
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   ```````````````'.`                `\     (                    `'-._
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Alligator Shoes​
A man was on holiday in the depths of Louisiana, where he tried to buy some Alligator shoes. However he was not prepared to pay the high prices, and after having failed to haggle the vendor down to a reasonable price level, ended up shouting "I don't give two hoots for your shoes man, I'll go and kill my own "croc!," to which the shopkeeper replied, "by all means, just watch out for those two "ole boys" who are doing the same!".

So the man went out into the Bayou, and after a while saw two men with spears, standing still in the water. 'They must be the 'ole boys' he thought. Just at that point he noticed an alligator moving in the water towards one of them. The guy stood completely passive, even as the gator came ever closer.

Just as the beast was about to swallow the him, he struck home with his spear and wrestled the gator up onto the beach, where several already laying Together the two guys threw the gator onto its back, where-upon one exclaimed "Dam! This one doesn't have any shoes either!". ​


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Taslim
I can also tell you that you need to tell USCIS that the lawyer that used to represent you no longer is your lawyer and that all notifications need to be sent to you only!
Also, I know time varies from case to case but most peolpe get an LUD and email where USCIS aknowledges the receival of your RFE response in a couple of days. Do you have a portfolio with USCIS (where you can look for updates-LUDs and receive emails from them?) if not you can go to their web site and on the case status online page you can register.
You can take a photocopy of your I-94 for your records, also you'll get stamp in passport so you can always tell you were legal upon departure. You will also get new I-94 upon reentering USA. And you always need AP to reenter USA no matter if your coming from native country.
Good Luck! and keep us posted on your case.
 
Dear POJ,

Thanks for your quick response, you are really good in encouraging other people, keep up this good work. I am sorry that I could not clarify myself on two of my concerns, What I meant by RFE response by USCIS is after they acknowlede recieving the RFE from me and taking their (TSC) L-O-N-G time to review those, how do they notify the outcome (Approval/Denial)? Is it via mail to me or attorney? Have you or any one heard of any denial after submitting 485-RFE. Thanking in advance for your response. BTW, Your Alligator joke was good one, I think this kind of communication keep us all alive in this forum. Regards.

Taslim
 
Thank you MVUSA for your feedback on I-94 concern. I appreciate it. I know from your postings what you are going through, I am praying to my God for your approval and for others. Regards.

Taslim
 
Saras,

Thank you for your response on my AP concern, appreciate it. I am crossing my fingers for your approval. Regards.

Taslim
 
taslim ahmed said:
Dear POJ,

Thanks for your quick response, you are really good in encouraging other people, keep up this good work. I am sorry that I could not clarify myself on two of my concerns, What I meant by RFE response by USCIS is after they acknowlede recieving the RFE from me and taking their (TSC) L-O-N-G time to review those, how do they notify the outcome (Approval/Denial)? Is it via mail to me or attorney? Have you or any one heard of any denial after submitting 485-RFE. Thanking in advance for your response. BTW, Your Alligator joke was good one, I think this kind of communication keep us all alive in this forum. Regards.

Taslim
Click to expand...

Always be hopeful, u think good you will have good,

I believe They have no reasonable 'reason' to deny and they have good tolerance policy, unless the worst case,

The APPROVAL letter would be send to ur attorney and a courtsy copy to u.

Now days we are learning that After TSC receives/ack the RFE response from applicant they are making decission between 15-30 days on most cases if ND is current. so be very hopeful for good news. :D

------- Remember -------
If God brings you to it, He will bring you through it.

In Happy moments, praise God.

In Difficult moments, seek God.

In Quiet moments, worship God.

In Painful moments, trust God.

In Every moment, thank God​
----

-------------------------------------------------------------------------

Wish u Good Luck
 
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Update - 2nd FP notice

Just when I was waiting for my approval after responding to RFE, we received a notice for fingerprinting. I know my first FP has expired, but I've seen lots of cases getting approved with expired FPs. I guess TSC is just buying time in my case!! BTW, 49 days have passes after my RFE response was acknowledged by TSC.
 
TSC is truly buying time

forever485,

I think TSC has been buying time on all our cases. This whole RFE mess is just a convenient way of adding delays without making themselves look bad.

Hopefully your approval will be swift after you complete the latest FPs. Good luck.

saras
 
Another great confusion by GREAT TSC

Hi POJ, Saras76, MVUSA & others,

As you know I sent my response on RFE(I-485) on 6/03/05. My I-140 got aprroved on 02/08/05, two days later, I received e-mail notification that two RFEs have been sent on I-485 (for me and my wife). For attorney's address change and no longer able to continue his service, those RFEs got missed, after three and half months writing, calling to USCIS (not to mention the agonies), they mailed the duplicate RFEs on 4/26/05.

Now, in my RFE notice, the Receipt/SRC # was for my I-140 (which is already being approved on Feb.2005) and it also said that documents needed for Adjustment of Status(I-485) and from the document list it is surely asking for I-485 processing (my legal status, EVL, my tax returns for 03 & 04, last 3 pay stubs), fortunately my wife's I-485 RFE had the correct SRC # (both came at the same day). While I responded to our RFEs on 6/03/05, I sent a cover letter explaining with all due respect that the SRC# noted on the RFE for 485 was SRC # for my I-140, also I sent the copy of my 1-40 Approval to match the SRC # discrepencies and the copy of my I-485 Receipt notice where the officer can clearly see the SRC # for I-485. I am hoping and praying to God that the officer will come to sense when he/she would be reviewing my RFE response. I got the LUD, acknowledging the RFEs but It says against my I-140 case #, my wife's LUD is correctly noted against her 485 #, the update against my 485 says that RFE mailed to me on Feb.10, 2005. I think what happened is, when the officer issued the duplicate RFEs on my 485, s/he by mistake noted the I-140 # on my 485 RFE and the USCIS updating system is notifying me by SRC #.

Friends, they can do any mistake and on our end we can politely try to let them know that (hopefully that wont have any effect on the approval). Please, tell me what else I can do now besides having a cover letter explaining the mistake on SRC# noted on RFE. Btw, I do not have a lawyer right now, I could respond to RFEs by myself since everything was at hand.

Please, please give me your ideas. Regards.

Taslim
TSC - Employment based
I-140, I-485: RD: 11/2003 (Concurrently)
I-140 AD: 02/2005
I-485 RFE: 04/26/2005
RFE Sent: 6/03/05
RFE Acknowledged: 6/07/05
FP: 12/2004
EAD: 02/2004 ; 02/2005
AP: 08/2004
 
You have done the right thing

Taslim,

I believe you have done everything correctly thus far. It would not be a bad idea to write a letter to them but I doubt it will have any effect. I would hope the officer is not so dumb that he won't be able figure out that the RFE is for the 485 and not the approved 140.

saras
 
Thank you Saras for your idea.
Hi, POJ, Is there anything that you would suggest on this clerical mess. Regards.

Taslim
 
Seems like RFE cases are being neglected

Guys,

This month there have been a lot of approvals. Sadly, nothing seems to be happening with pending RFE cases. Just our luck to run into every possible hurdle at TSC. Truly frustrated as I am sure most of you are ....

saras
 
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Saras76
I think you are right. I tried calling USCIS but I got bunch of automated responses and one of them said that I had to wait until 60 days have passed since last update to talk to a representative. My 2FPs are more than 60 days old and never got any message change for that but my 2RFEs are only a month and 1/2 old, so according to them I have no right to call. And I beleive they could also tell me that my case is 07/2003 and they are processing 04/03 so???? I'll guess we are all submitted to their holy will...
 
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