Any more 1999 cases left out (not even RFE)???

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If patience paid by the year I would have been a billionaire by now. Cant take it anymore. Must eat some sleeping pills and wake up one month later. Hopefully there will be good news by then...

EB2 India PD 01/98 ND 01/25/2000 FP 03/15/2001 and waiting..
 
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did any one called the Senator office and got an answer from them?
i just wondered what the hell happened to our cases!!!
how come our cases are still pending? any one called ins today?
 
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Shef Chang,

I have similar details as you. EB1, China. ND 10/7/99. FP 3/21/01, except I received RFE which is medical exam redo.
 
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My lawyer just called me. She said that they have contacted the VSC about my case and was told that my case has already been assigned to an officer and is under review. This removed my concern that my file might be misplaced or something. So I will wait for another week or so to see what happen. Will definitely keep you all updated.

Personally I have\'nt done anything other than calling my lawyer. But another applicant called HVN, whose ND is in Jan/01, has contacted his senitor in NJ and waiting for them to call back. HVN, if you read this message, would you give us a quick update please?

Yoyo
It\'s good that your case has already be "processed", rather than sitting on the shelf. When did they issue you the RFE? and what\'s wrong with your medical exam? I may have to go through the same thing as you do right now. I\'d be grateful for any more information.
Thanks in advance!

Shef
(shef1@prodigy.net)
 
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Shef Chang,

We do not feel happy at all about medical redo REF. Apparently VSC made a mistake about it. They say that the doctor who did exam on us was not INS approved doctor. But in fact, he is. We checked INS service phone # 1-800-375-5283 and the list we got from our lawyer and even the list we got from local INS office, that doctor is still on all the lists. It is so ridiculous.

However, our lawyer suggests that we should redo medical exam as soon as possible and not argue with VSC, because it will only cause further delay and serve us no good.

Right now, we are in the process arranging doctor appointment. It is so annoying. We paid almost $700 for the exam last time for three people in my family, because that doctor wouldn’t accept our insurance referral. This time we may have to pay it all over again with different doctor. The worse part is that this immigration process seems never ending, we do not know if we will have any more unpleasant surprise ahead.

I will keep everybody posted.
 
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Called iio Yesterday.....Imp please read

ND 10/4/99, PD 5/8/98, FP 3/2/01, EB2 NIW India.

I was very frustated for the last four weeks and called VSC almost every week to find status of my case. All along i was told that my case was on the shelf. The file was complete with FP. FP\'s are received by VSC on 3/5/01. My case should have gone to processing area back on 3/5/01, when my FP\'s arrived but that did not happen. Even when i started calling VSC every week from Aprill 1, no iio was eager to help me with my case.

Once i had argued with the IIO about how long my case was pending with VSC. This nutty iio (who apparently do not know how to count months) said that as of April 4, 2001 (my ND is 10/4/99) the case was with VSC for only 16 months and said that my case will take another 2 months for approval. One iio even suggsted that my PD is not current.

Last thursday (April 26) I got a break and was able to talk to a nice iio lady. She listened to my frustation, pulled up my case and said whe would personally pull the file from the "shelf" and put it in processing area.

So, I called up VSC yesterday to check on the statuis one more time and my case finally got transfered to the processing area, where an officer will have a chance to look at the file.
The iio that i talked to yesterday was also nice and said she does not know why my case was lying on the shelf for such a long time. Because generally they would send them to Processing area as soon as FP\'s are complete. She can only guess that, the clerk might have mistakened my case to be EB3 (EB3 is current for PD 5/8/98 in may). This is very outrageous, how can they commit this kind of a mistake. NIW is only a EB1 or EB2 category not EB3. If it is true, then it is the second mistake they have done on my case. I do not want to go into the details of the first mistake, which happened during the filing of I-485 back in July 99. FYI my RD of I-485 is 7/99 and my ND is 10/4/99. Go figure..

Anyway, after 18 months (777,600 minutes) of wait, atlast i am glad to know that my case got a chance to get on the table of an officer, who will probably look at my case for no longer than 15 minutes to make a decision.

Have fun guys/gals.
I would strongly urge everyone with OCT-DEC99 ND\'s to call VSC and know more about your case. If they say it is on the shelf, then your case may not see the light at the end of tunnel any time soon. So be proactive. Call atleast one a week. Some iio\'s will just hang up on you as they do not want to listen to your frustation. I wish i would have called during the month of march, right after my FP. I was waiting like you till April. I started calling only after seeing a ton approvals for JAN 00.

FYI, I was talking to my lawyer about the posibility of sueing VSC and the cost involved. They have committed two mistakes in my case. My I-485 should have been approved back in OCT/NOV 2000.

ver_sri
 
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Yoyo,
Thanks for the info. I wonder why your lawyer suggested to redo it rather than simply writting back to VSC to point out that this is simply a mistake on their part. You can enclose the latest list and/or any certification from the doctor who did your first exam. He charged you so much money so he has got the responsibility to defend his credibility at INS. Otherwise you need to get your money back because you did not get what you paid for (a result accepted by INS).
I paid the same amount for my family of three. $700 is not a small amount, plus all the frustration time of redoing it.

This is an unfortuate event which could happen to anybody, given the beurocracy at INS. But I think a simple letter of clarification should solve it. I know lots of similar things during I140 stage (such as asking something alreay submitted), and they were all solved peacefully. Don\'t be afraid to speak out. It\'s not fair for you to swallow this. I think a simple letter would be much faster than a complete redo for three. Who knows if they would reject your second doctor?

Just my personal opinion. I look forward to hearing from you. By the way, when did they send you this RFE?
 
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I met simillar situation as yours about FP notice. Also since I talked to a very very nice lady. She helped me to fix this problem. And I got her name, and wrote
a thanks-letter to her department\'s boss, and CC to national INS director and
VSC director and any related departments\' boss. I do this, since I want to let
them pay attention to their reps. service and give us basic respects

Tired
 
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EB1 ND 10/22/99 RFE responded to on 4/17/01 (according to employer) ,response still not recieved by VSC!! I\'m beginning to lose hope :-(
 
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I did ask our congresswoman to help get 1st EAD and had good experience with it. If your case is not in normal approval range, you do have to take some action in addition to calling IIO or chacking AVM. Get either senetor or congressperson help (but not both), there are many legal assistants in their office who will help.
 
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hasanali !!! Remember our officer friend is on a vacation to the Carribbean. So we will have to wait for him to return. Hopefully he wont be hungpver from all the liquor and can start working full speed if and whenever he comes back.
 
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Shef Chang,

Thanks for the comments. The REF was issued on 4/24/01.

My lawyer says that the record of medical exam only valid for one year officially. INS can ask anybody to redo the medical exam if the record is older than one year. Normally they do not do that. But if we argue the right or wrong with INS about this issue, the very likely probability is that we will be asked to redo the exam anyway that will cause further delay. The priority for us right now is to get the things done quickly other than seek the justice. It will serve us no good by arguing and proving INS is wrong.

Your comments are the same as what I feel. It is very unfair. On the other hand, I have to admit that the lawyer definitely got more experience dealing with INS than we do. A lot of times, there is no justice when people like us who have no voice, no power in this society deal with powerfully bureaucratic government agency such as INS.
 
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Yoyo,
I was thinking how you can avoid this double charge of medical re-exam fees. Perhaps you should go back to the same doctor who did your first exam, to see whether he can renew your record for a smaller fee rather than $700 in full. After all, he is an INS-approved doctor. There should be no question about it. He must have some sort of certification issued by INS to prove it.

By the way, where is this doctor\'s office? The office I used is called Roger Charles, but it\'s actually a different doctor who did our exams, not Dr Charles himself. Not sure if you are in the same situation.
 
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