Does 485 RFE imply FBI name check cleared?

A

anshu_

New Member
Folks, I've found useful info reading this site; so I'm posting this question here...

Background: My 485 (based on EB3 LC) was filed in Feb/06 and 1st EAD/AP approvals were received in Apr/06. In Sep, I got an RFE for birth cert (I read that its quite usual for applicants from India) and my wife got RFE for additional info establishing legal status for few months (which she has). We sent RFE response for both on Oct/15 and USCIS online site reports that the response was received by them on Oct/18.

Questions:
  • Today's the 60th day since response was recvd at USCIS but online site still reports no updates since Oct/21; only usual info about waiting for 60 days. If my lawyer sends inquiry to USCIS asking about current status, is that bad?
  • Can I assume that because I recvd RFE, the FBI name check would have already been completed? If not, how can I check this? The reason I ask: message on USCIS online site initially stated - '... However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message...'
Any helpful advice is appreciated; Thanks.
 
Not necessary

anshu_ said:
Folks, I've found useful info reading this site; so I'm posting this question here...

Background: My 485 (based on EB3 LC) was filed in Feb/06 and 1st EAD/AP approvals were received in Apr/06. In Sep, I got an RFE for birth cert (I read that its quite usual for applicants from India) and my wife got RFE for additional info establishing legal status for few months (which she has). We sent RFE response for both on Oct/15 and USCIS online site reports that the response was received by them on Oct/18.

Questions:
  • Today's the 60th day since response was recvd at USCIS but online site still reports no updates since Oct/21; only usual info about waiting for 60 days. If my lawyer sends inquiry to USCIS asking about current status, is that bad?

No not bad at all. You can also actually check the status by calling the 1-800 number yourself.

  • Can I assume that because I recvd RFE, the FBI name check would have already been completed? If not, how can I check this? The reason I ask: message on USCIS online site initially stated - '... However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message...'

Not necessary, NSC is doing a pre-adjudication and are processing cases irrespective of PD/Security Check (am among the ones whose petition has been pre-adjudicated, got an RFE now waiting for the FBI Name Check).

Any helpful advice is appreciated; Thanks.
Click to expand...
 
Infopass

Make an Infopass appointment with you local INS officer and ask them about your namecheck.

Also, call in the 800 number and they should tell you what is holding a decision.
 
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