Concurent I485 filing without the medicals

N

niko

New Member
Hi all

I was told from the lawyer than there was no need to sumbit the medical exam along with the concurent I485 application.

He said that not submitting them won't hurt the process, instead the government will come back and ask us to sumbit them when the time comes

But while reading an email thread earlier I got scared as someone was saying that his application was probably delayed (maybe not valid) because he filed 485 without the medicals

Does anybody know how is this exactly supposed to be

Thanks Niko
 
medical exam for cofiling

Did your lawyer say so? I am not sure.
I heard that the results for medical exam might expire in half or one year. So you probably have to take another medical exam by the time you are approved.

Wellcome for more info on these issue.

Thanks
 
I-485 Filing without Medicals

niko,
You are laywer is right.If you do not submit Medical during the submission,You would get a RFE later on Medicals. So that you can submit it later.I guess I have seen some of the guys got RFEs on medicals. Since we are left with only less than 15 days for filing I-485, I would expect most of the guys (who are going to get LC Approvals(EB2) during next 10 days)cannot submit Medicals as it takes atleast a week (avg) to finish all the formalities(shots,blood work Xray if any). But If the tests and shots are done already, getting medical is a day effort.It took a week for me.
Comments are welcome.
-S
 
I read a statement from the USCIS back in May (cannot remember where), and the bottom line was that this would change from not having to submit the medical but go through the RFE process to medical submission required or the 485 application is invalid. I cannot remeber what the cutoff date was, but it was or is around this time. To be safe, submit the medical.
 
I have not seen any official USCIS memo saying you must submit the medical at the time of filing. Any one out there that can furnish this???


I DID NOT file the medical with my concurrent application. Me and my spouse both received the RFE for it later. That along with a few other points. It did not hold up our applications very long. You can see from my signature the turn around times on the RFE to approval were really quite quick. My RFE came first and it took us a little bit longer to put the info together for me. My spouses RFE came after mine but we started his medicals and collected the same info they asked of me. WHen his RFE came we were ready with everything needed. His turnaround time to approval was very fast. My lawyer said we might just have the fastest responce to an RFE he had seen. :)
 
That lawyer is right, but if you have time to finish the medical exam, certainly you should do that. If you don't have time to take the medical exam and want to take advantage of concurrent filing before Oct 1, that is also fine. You will get a RFE later. Being able to file I-485 is far more important than getting a RFE.
 
Skin test +ve

I was tested positive for skin test. I had the x-ray done. I am still waiting for the resullt. What would happen if my x-ray is not normal. How common does the people get +ve result for skin test. I am planning to file before OCT 1
 
How much longer after filing 485?

Hi,

My lawyer filed I-140 and 485 concurrently on 8/24/05. Does anybody have an idea/estimate how long does it take to get greencard approval?

Thank you all.
 
gc123_quest said:
I was tested positive for skin test. I had the x-ray done. I am still waiting for the resullt. What would happen if my x-ray is not normal. How common does the people get +ve result for skin test. I am planning to file before OCT 1
Click to expand...

Yes, if you had got BCG vaccine when you were young, the skin test would be +ve. DOn't worry it is a very common situation. Even mine and my spouses skin test's were positive. But the x-ray would be normal (unless if you really have TB :)

Relax, don't worry. It is normal to get skin test (PPD) +ve.
 
bjorn said:
I read a statement from the USCIS back in May (cannot remember where), and the bottom line was that this would change from not having to submit the medical but go through the RFE process to medical submission required or the 485 application is invalid. I cannot remeber what the cutoff date was, but it was or is around this time. To be safe, submit the medical.
Click to expand...
My lawyer said that we won't need to submit medical now if we don't have it. If what your said is correct, should all immigration lawyers recieved a notice by letter saying the policy of submitting medical changed since a certain date? My lawyer haven't recieved anything so far till now. I don't think USCIS change their rules without keeping the immigration lawyers updated. You know that will lead to tens of thousands of lawsuits easily. Trust your lawyer please.
 
go ahead and submit your 485. You'll be called for an RFE for medical and you may submit it then. There's hardly any time left to wait for these things before Sep 30 deadline if you're in a country + category thats subject to retrogression on Oct 1.
 
I-485 without medical examination

Hi Guys,

I am so glad that there is discussion on this topic. It took a while to find this. Actually, in my case, before filing I-140/I-485 concurrently, my lawyer told me that I will have to do the medical exam but it can wait till next year, so we didnot file I-693 with those. But I-140 was approved pretty quick and fingerprinting notice also came within a few days.But then I saw at many sites that I-693 has to be filed with I-485. That got me slightly worried. Now, I wonder, can I just file I-693 after fingerprinting without waiting for RFE from USCIS or wait for them to send RFE. I will feel more comfortable if it was a notice of action rather than an RFE. RFE sounds more like something is wrong. :rolleyes:
 
Already29 said:
Hi Guys,

I am so glad that there is discussion on this topic. It took a while to find this. Actually, in my case, before filing I-140/I-485 concurrently, my lawyer told me that I will have to do the medical exam but it can wait till next year, so we didnot file I-693 with those. But I-140 was approved pretty quick and fingerprinting notice also came within a few days.But then I saw at many sites that I-693 has to be filed with I-485. That got me slightly worried. Now, I wonder, can I just file I-693 after fingerprinting without waiting for RFE from USCIS or wait for them to send RFE. I will feel more comfortable if it was a notice of action rather than an RFE. RFE sounds more like something is wrong. :rolleyes:
Click to expand...


Murthy's most recent bulletin (October 2005, week 4) mentioned the below regarding filing I485 without medicals...

"The VSC has confirmed that, for an I-485 application that was filed without the completed medical/s during the rush to beat retrogression, they will issue an RFE rather than deny the case outright. "
 
Thanks Ven 2006. Actually in my case there was no need to beat retrogression because of my nationality. Now I wonder if that will make a difference? In other words, my case was filed concurrently for I-140/I-485 without medicals even though I did not have to beat retrogression. The term RFE still makes me uncomfortable. :confused:
 
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