Many RFE get tranferred yesterday

D

dengdeng

Registered Users (C)
I found many RFE cases get tranferred yesterday, BCIS changed policy? RFE mostly tranferred?
Dec cases
6350088 t 8/19/2003 RFE
6351015 t 8/19/2003 RFE
6351037 t 8/19/2003 RFE
6650358 t 8/19/2003 redo finger print 6/30
6751971 t 8/18/2003 RFE
6950122 t 8/19/2003 RFE
6952063 t 8/19/2003
6952572 t 8/19/2003 RFE
7051462 r 8/19/2003
7051906 t 8/19/2003 RFE
7451657 t 8/19/2003 RFE
7650176 a 8/19/2003
7650159 a 8/19/2003
7652414 a 8/19/2003
7653642 t 8/19/2003 RFE
Nov cases
5850001 a 8/15/2003
5850006 a 8/15/2003
5951675 t 8/18/2003 second fp 6/18
6051284 r 8/18/2003
6151450 t 8/19/2003
6250092 a 8/15/2003
6250849 t 8/19/2003
6250936 t 8/19/2003
6250984 t 8/19/2003
6251028 t 8/19/2003
6251559 a 8/18/2003
 
dengdeng,
It's not that BCIS changed the policy, it would have been just that particular adjudicating officer changed the policy.
 
Another thing I found out is VSC updates status on Monday, Tuesday, Wed heavily. Thursday and Firday are virtually stand still.
 
I posted an extract from the I-485 operating procedure a few days ago (post "what triggers an interview") that clearly states that all AC21 that include a change of employer don't meet the interview waiver criteria and must be transferred to local offices. Plus if there is any concern with the identity verification (birthplace, name) etc the office is given a right to tranfer a case like that out of a service center into a local office.
I am pretty sure that's why we see so many transfers after RFEs that show that there was a change of employer (regardless before or after 180 days).
 
Originally posted by udacha6
I posted an extract from the I-485 operating procedure a few days ago (post "what triggers an interview") that clearly states that all AC21 that include a change of employer don't meet the interview waiver criteria and must be transferred to local offices. Plus if there is any concern with the identity verification (birthplace, name) etc the office is given a right to tranfer a case like that out of a service center into a local office.
I am pretty sure that's why we see so many transfers after RFEs that show that there was a change of employer (regardless before or after 180 days).
Click to expand...


What do you mean by interview waiver criteria??
 
Originally posted by GC050102
What do you mean by interview waiver criteria??
Click to expand...

No immigrant visa is supposed to be granted without an interview, either at a consulate or a local BCIS office. Because the risk of fraud in EB I-485 cases was lower than most others, INS waived the interviews for almost all EB cases. However, waiving the interview is discretionary.

The I-485 SOP indicates the criteria used to waive an interview, although the main ones were just raised. The other big issue is if the marriage is very recent, they may interview the applicant and spouse to verify that all is kosher with the marriage.
 
RFEs, Transfers

Beyond the 485 SOP, which is public domain, BCIS may have instituted other guidelines - company proprietary - and that is how they work. Certainly, they tend to safeguard their jobs (zero tolerance)or are inexperienced and thus throwing the responsibility to the local offices. There are however unexplained patterns like the NIWs people getting a bigger chunk of these Transfers. Some adjudicators may ALSO follow unpublished guidelines like the NATURE OF THE JOB (IT, job market, outsourcing, sensitive job area), THE COUNTRY OF ORIGIN (terrorist, sensitive technology). These are just my ideas, not proven by any statistics yet.
 
Re: RFEs, Transfers

Unpublished guidelines must exist.

Prior to 9/11, perhaps over 95% cases were approved without interviews. Nowadays, number of interviews increased significantly. I don't think they have followed the "interview waiver criteria".



Originally posted by cinta
Beyond the 485 SOP, which is public domain, BCIS may have instituted other guidelines - company proprietary - and that is how they work. Certainly, they tend to safeguard their jobs (zero tolerance)or are inexperienced and thus throwing the responsibility to the local offices. There are however unexplained patterns like the NIWs people getting a bigger chunk of these Transfers. Some adjudicators may ALSO follow unpublished guidelines like the NATURE OF THE JOB (IT, job market, outsourcing, sensitive job area), THE COUNTRY OF ORIGIN (terrorist, sensitive technology). These are just my ideas, not proven by any statistics yet.
Click to expand...
 
i guess

since officers are working on the religious worker now, they just throw all these RFE to local office. no resource to check their the RFE response
:confused:
 
dengdeng

If you have some historic data, could you please post the RFE (recv'd) dates for the Dec cases that got transferred? Thanks in advance.
 
I deleted the RFE dates, sorry, most were received in July or August. Some RFE were received in June and May.
 
dengdeng, how do you know

7451657 had got an RFE before it was transferred ? A few days ago, I checked this one, it was saying something like "FP received on 7/8/02 and process Resumed". I corrected from 61657 to 51657
 
Last edited by a moderator:
YJay,
Before 9/11 people didn't use AC21 to change employers as often as they do now. Ffirst of it didn't exist . Plus the processing time is so long. I don't believe in conspiracies and I don't think that some unpublished guildlines exist. The 485 SOP does give the officer a lot of freedom in determining whether to transfer the case or not, but I don't think there is more to it than that.
With NIW applicants they have to prove that continue to work according the terms and conditions of the underlying petition and I guess that is not always the case now days, with the current unemployment problems.
 
the longer the backlog is, the more RFE it will issue

it's so unfair that you can lose a job one day after GC approval, but not a day before GC approval
 
Historicak background

Originally posted by udacha6
YJay,
Before 9/11 people didn't use AC21 to change employers as often as they do now. Ffirst of it didn't exist . Plus the processing time is so long. I don't believe in conspiracies and I don't think that some unpublished guildlines exist. The 485 SOP does give the officer a lot of freedom in determining whether to transfer the case or not, but I don't think there is more to it than that.
With NIW applicants they have to prove that continue to work according the terms and conditions of the underlying petition and I guess that is not always the case now days, with the current unemployment problems.
Click to expand...

Nobody, spoke of conspiracies here. I think you are trying to excuse BCIS in more ways than one. After September 11 things changed.

THere is a ZERO TOLERANCE. The adjudicators are afraid of losing their jobs, or paying penalties. There were in fact a couple of major mistakes (security) for a naturalization case, etc. We are paying the price for that. These freedoms as you call them, are not in any SOP. The I-485 SOP is an old document. The NIW (I AM NOT), have a complete application like everybody else with their jobs and everything. No excuse for RFE or Transfer. This is the case of fearful, inexperienced, incompetent, maybe rookies adjudicators that the only thing they care is saving their ass.
 
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