EB2 PD retrogress and 485-RFE

ganguer

Registered Users (C)
Hi, Guys, I am just wondering what happen in the following situation:

Receive 485 RFE for medical before Oct. 1, and response received by VSC after Oct. 1. At that time, will VSC process the RFE response and I-485s, or ignore the RFE response and I-485 because PD is later than 2000, which being the new PD cut-off date?

Of course, after Oct.1, they will not send out RFE for cases whose PD is later than the cut-off date.

For my case, learned from senator's office VSC is generating a RFE, but the RFE notice letter has not been mailed out yet. VSC may mail it out before Oct.1, or they will never mail it out after Oct.1. DOn't know. Asked VSC to expdite the notice, they said cannot.

Anybody has similar situation? Please comment or advise. Thanks a lot

----------------------------------------
PD July 2002.
EB2, con-current filing
RD: Feb. 2003
ND: Mar. 2003
First FP: Apr. 2003
I-140 AD: May 2004
Second FP: Nov. 2004
FBI Namechecks completed: Mar. 2005
I-485 LUD: May 2005, Sept 8, Sept 9
 

commander

Registered Users (C)
Sorry about that, but in this case you are likely to stuck, as the visa is not allocated till it goes to final adjudicating officer. RFE etc. is handled by staff.

ganguer said:
Hi, Guys, I am just wondering what happen in the following situation:

Receive 485 RFE for medical before Oct. 1, and response received by VSC after Oct. 1. At that time, will VSC process the RFE response and I-485s, or ignore the RFE response and I-485 because PD is later than 2000, which being the new PD cut-off date?

Of course, after Oct.1, they will not send out RFE for cases whose PD is later than the cut-off date.

For my case, learned from senator's office VSC is generating a RFE, but the RFE notice letter has not been mailed out yet. VSC may mail it out before Oct.1, or they will never mail it out after Oct.1. DOn't know. Asked VSC to expdite the notice, they said cannot.

Anybody has similar situation? Please comment or advise. Thanks a lot

----------------------------------------
PD July 2002.
EB2, con-current filing
RD: Feb. 2003
ND: Mar. 2003
First FP: Apr. 2003
I-140 AD: May 2004
Second FP: Nov. 2004
FBI Namechecks completed: Mar. 2005
I-485 LUD: May 2005, Sept 8, Sept 9
 

WhereIsMyLabour

Registered Users (C)
Hello Commander,
What about RFE response received by USCIS ain Septemper?
Is there any chance of approval?
Your comment appreciated.
Thank You,
commander said:
Sorry about that, but in this case you are likely to stuck, as the visa is not allocated till it goes to final adjudicating officer. RFE etc. is handled by staff.
 

venkat04

Registered Users (C)
WhereIsMyLabour said:
Hello Commander,
What about RFE response received by USCIS ain Septemper?
Is there any chance of approval?
Your comment appreciated.
Thank You,

If USCIS received and updated your response to RFE, you have chance of approval. I can say its 90%. The rest is your fate.
 

WhereIsMyLabour

Registered Users (C)
You are right venkat!! Thank you for your kind words.
They did receive my reply on 19th and three more LUD's afterwards.
Hope that remaining 10% play in my favor?


venkat04 said:
If USCIS received and updated your response to RFE, you have chance of approval. I can say its 90%. The rest is your fate.
 

ganguer

Registered Users (C)
send in evidence before receive the RFE notice letter--last chance before oct 1

Thanks a lot, guys, appreciate all your inputs

For my case, learned from senator's office VSC is generating a RFE, but the RFE notice letter has not been mailed out yet.

Now this is the last week before Oct.1, I don't see that
VSC can mail it out early this week. They will not mail it out after Oct.1. I am wonding if I could mail the evidence (new medical exam in sealed envelope) to VSC as an addendum, adding a cover letter stating that one vaccine was not available at the time of exam (there was a shortage of that vacccine at that time), so now I received that and send in the new completed medical exam? My attorney says it is preferablely to send anything with RFE notice, but I have not gotten that yet. I'd like to take this last chance, even if the material sent to VSC get lost since it does not have an acompany notice. Any comments or suggestions appreciated.
 

commander

Registered Users (C)
I am very hopeful. You must get it through.
There are, on average, three LUD changes between RFE and Approval, and I would guess, one of these LUD change is Visa Allcation. So you are very close.
Good luck.
WhereIsMyLabour said:
You are right venkat!! Thank you for your kind words.
They did receive my reply on 19th and three more LUD's afterwards.
Hope that remaining 10% play in my favor?
 

ganguer

Registered Users (C)
please let us know when you case get approval

also Commander: so they don't allocate a visa number until a case is approved? On one thread somebody posted national visa center phone number, I called it, keyed in my receipt number, then it said: no record. I guess that is because the case is not approved yet. right?
Thanks a lot.

WhereIsMyLabour said:
You are right venkat!! Thank you for your kind words.
They did receive my reply on 19th and three more LUD's afterwards.
Hope that remaining 10% play in my favor?
 

commander

Registered Users (C)
Last three steps in the process (till approval) are -
(Last -2) Clerk or contractor recommends for approval.

(Last -1) - Drops off the file on the shelf labeled "Visa Requests" in the Workload Distribution sort area, where visa number is allocated to file.

(Last) - Approval by Adjudicating officer.

They do not allocate visa number till clerk find the case is approvable.


ganguer said:
also Commander: so they don't allocate a visa number until a case is approved? On one thread somebody posted national visa center phone number, I called it, keyed in my receipt number, then it said: no record. I guess that is because the case is not approved yet. right?
Thanks a lot.
 

WhereIsMyLabour

Registered Users (C)
Thank You Commander. Your message brings me hope!!!!!


commander said:
I am very hopeful. You must get it through.
There are, on average, three LUD changes between RFE and Approval, and I would guess, one of these LUD change is Visa Allcation. So you are very close.
Good luck.
 

rrml

Registered Users (C)
dependents

If Primary get's approved before 30th and dependents does not get approved by then,what will happen to their applications ?
rrml
 

tammy2

Registered Users (C)
rrml said:
If Primary get's approved before 30th and dependents does not get approved by then,what will happen to their applications ?
rrml

They have to wait until date becomes current.
 

WhereIsMyLabour

Registered Users (C)
Commander,
I hope what you are saying is true.
Yesterday I had a chance to talk with CSR she said my case is waiting to be Adjudicate. But it should happen before october (within this week) or the Adjudicator will return the file due to non availability of visa number.
Regarding LUD, you can see same pattern(3 after RFE RCVD) of LUD on my 140 also.
As you said one LUD may be Assigning VISA Number, but it may be assigning the file to the officer. God only knows.
I already send expedite request to VSC without mentioning any good reason other than retrogassion.
Please write your opinion.
Thank You,


commander said:
Last three steps in the process (till approval) are -
(Last -2) Clerk or contractor recommends for approval.

(Last -1) - Drops off the file on the shelf labeled "Visa Requests" in the Workload Distribution sort area, where visa number is allocated to file.

(Last) - Approval by Adjudicating officer.

They do not allocate visa number till clerk find the case is approvable.
 

WhereIsMyLabour

Registered Users (C)
Aaapppprrrroooovvveeeddd

hi all i just wanted to share the good news that I am APPROVED.
I don't have words to express my feelings!!! I got the magic mail today. I Just made it. My wife, my Son and me got approved today.
I want to thank everyone in this forum for sharing a lot of information’s trough out my Journey. Wish everyone all the best!!!!!
Commander you are the man!! Your prediction is 100% right!!!!
Special thanks to you and venkat04 to keep me confident!!!
Thank You,
Mani
 
Last edited by a moderator:

ganguer

Registered Users (C)
congratulations, WhereIsMyLabour

For my case, VSC received RFE on this last day of Sep, LUD and I-485 status changed, saying RFE received. Is there any chance they will process my case after Oct. 1? any comment/advise? Commander and WhereIsMyLabour, please. Thank you guys.

ganguer,
EB2-I485-RD 3/2003


WhereIsMyLabour said:
I all i just wanted to share the good news that I am APPROVED.
I don't have words to express my feelings!!! I got the magic mail today. I Just made it. My wife, my Son and me got approved today.
I want to thank everyone in this forum for sharing a lot of information’s trough out my Journey. Wish everyone all the best!!!!!
Commander you are the man!! Your prediction is 100% right!!!!
Special thanks to you and venkat04 to keep me confident!!!
Thank You,
Mani
 

WhereIsMyLabour

Registered Users (C)
Thank you very much.
For your case watch for LUDS, if you have three more LUD's , there is a chance. Good luck to you.
Thank you,

ganguer said:
For my case, VSC received RFE on this last day of Sep, LUD and I-485 status changed, saying RFE received. Is there any chance they will process my case after Oct. 1? any comment/advise? Commander and WhereIsMyLabour, please. Thank you guys.

ganguer,
EB2-I485-RD 3/2003
 

venkat04

Registered Users (C)
WhereIsMyLabour said:
I all i just wanted to share the good news that I am APPROVED.
I don't have words to express my feelings!!! I got the magic mail today. I Just made it. My wife, my Son and me got approved today.
I want to thank everyone in this forum for sharing a lot of information’s trough out my Journey. Wish everyone all the best!!!!!
Commander you are the man!! Your prediction is 100% right!!!!
Special thanks to you and venkat04 to keep me confident!!!
Thank You,
Mani

Hi Congrsts!!!!
Our predictions (The pattern of of USCIS LUDs) came true.
 
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