My EB2-NIW RFE Letter!

JK you seem to be quite knowledgeable. I am preparing my I-140. I was wondering about concurrent filing of I-485. Unfortunately, I havent had medical done. Can I submit I-485 without medical? Also, I read somewhere that medicals are only valid for one year. DOes that mean that if my entire case isnt approved in a year, I have to re do the medical? Thank you.
 
Although the medical exam is required initial evidence (i.e. must be filed with your I-485), a recent USCIS teleconference suggested that a I-485 will not be returned to the applicant just because it does not include the medical exam. That said, it is very possible that the person who happens to receive your application in the mailroom will return it to you because, despite what was said at the teleconference, USCIS still has the right to reject it.
Either way, you will have to provide it at some point, probably when a Request for Evidence (RFE) is issued.

Is there any reason you don't have your medical exam? I completed it in 3 days, and that was just to come back for the PPD test reading.

It is valid for one year before submission, i.e. you have to submit it to USCIS within a year of it being done by the civil surgeon. Once it is sent to USCIS, it remains valid no matter how long your I-485 takes and you definitely do not have to re-do it.

Added later: The USCIS teleconference was during the July 2007 fiasco, when the USCIS allowed applicants to send their application without the medical report (again, not guaranteeing that they won't be returned from the mail room) in order to beat the August 17 deadline at the time. This may not be as valid now. It's best to include it.
 
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There seems to be clear evidence that the "April 2007" date for EB2/NIW at NSC is a sham. They are almost 6 month behind what they list on the website. I wonder whether this is anything that can be done about this.
 
Oh Thank you JK. I did not understand that it is valid for ever after submission. As I'd mentioned I only read about it briefly. The reason, I was asking was I am preparing my I-140 and will be travelling abroad for three weeks. I wanted to file I-140 before my travel. I-485 I havent had time to get tests done. I am sure I would need an X-ray as I have done PPD before. But other than that I havent even had time to look at I-485 requirements. I have a copy of my birth certificate. but dont know what else I need done. I was advised to file concurrently. I am not sure what vaccine I need as well (I hear conflicting stories from friends). Hep vaccine is administered over a period of 6 months and thats why I want sure I could get it done. Please let me know if you have done this and what exactly is done during medical and what else would I need for I-485 submission other than birth cert, medical, money order.

Thank you.

jk0274 said:
Although the medical exam is required initial evidence (i.e. must be filed with your I-485), a recent USCIS teleconference suggested that a I-485 will not be returned to the applicant just because it does not include the medical exam. That said, it is very possible that the person who happens to receive your application in the mailroom will return it to you because, despite what was said at the teleconference, USCIS still has the right to reject it.
Either way, you will have to provide it at some point, probably when a Request for Evidence (RFE) is issued.

Is there any reason you don't have your medical exam? I completed it in 3 days, and that was just to come back for the PPD test reading.

It is valid for one year before submission, i.e. you have to submit it to USCIS within a year of it being done by the civil surgeon. Once it is sent to USCIS, it remains valid no matter how long your I-485 takes and you definitely do not have to re-do it.

Added later: The USCIS teleconference was during the July 2007 fiasco, when the USCIS allowed applicants to send their application without the medical report (again, not guaranteeing that they won't be returned from the mail room) in order to beat the August 17 deadline at the time. This may not be as valid now. It's best to include it.
Click to expand...
 
Nightsman: First of all, I hope you're on an H or L visa, because if you travel abroad after filing I-140, that's clearly immigrant intent, and unless you have a 'dual intent' visa like H or L, you may not be readmitted into the US. If you file concurrently before you leave, you must also have a H or L visa to return, otherwise you'll have to wait to get Advanced Parole before you leave.

As for the medical: I was also worried about Hep B but I wasn't required to take it and neither was anybody else I know. It's on the list, but the surgeon will normally indicate that it's not age appropriate for you. I think it's actually required if you're a child. But at this point in time, neither I or anybody I know had to take it.

You will need to show evidence of a tetanus/deptheria booster, as well measles, rubella, and a couple of others. In my case, I had no records, so the civil surgeon just took a blood sample and ran titers (standard since many people don't have records). Your regular doctor can give you some boosters for free, and you just show these records to your civil surgeon). That's what I did for my tetanus booster. As for PPD, just take any record you have that you already are positive, and the CS will prescribe an X-ray to you, which you can probably do on the same day. However, make sure that the CS checks the box that you did the PPD test at an earlier date (based on the record you provide) and that it was positive. Don't let the CS check the "Not Done" box because you'll likely get an RFE, even if you have the X-ray box checked. This is something I found out later. In all, the whole thing should take you a couple of days. If you know you need a tet booster, get that from your regular doctor ASAP and get a copy of your record or a receipt from the doctor that you took it to take to your civil surgeon. Depending on where you live, it might take time to get an appointment with a CV; in a big city with a lot of them you can probably go the next day (as I did), but in smaller states with very few docs, it can be a few weeks wait. You should get on that ASAP; remember the sealed envelope is valid for one year so do it now even if you don't want to send I-485 right away.

Also see this discussion for additional materials you may or may not need.
 
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wow JK. Thank you that was very comprehensive.
I am currently on an H. So I will be using that to return.
I am glad to know that Hep isnt required. I didnt know that the old records are sufficent for PPD. It does request a date though. I do live in a big city. I will find out in teh next two days when to schedule stuff.
Thank you again.
I got tetanus shot a couple of years ago at work and can get records. This was called a tetanus shot - I hope it is the Td and not Tetanus alone.
 
That's your A# that is assigned to you when you first apply for I-140 etc. They ask for it on all applications, not just G325a.

Since you don't yet have an A#, write "none". Don't leave it blank.

Oh, make sure you fill G-325a, not G-325 (the difference is that G-325a has 4 copies instead of 2, you need all 4 for I-485. If you use Adobe Reader to fill out one it will automatically fill out the other three - make sure you also fill out the thick box on the bottom).
 
a quick question: can anyone tell me typically how long the reference letters should be? I know it doesnt matter and it is the content, but I do not want to come across as an odd ball - someone whose letters are 6 pages long or just 1 page. As of now my advisors letters are 3 pages and others are a 1.5 pages. Is that good. Thank you.
 
My 6 letters were either 2 or 3 pages, no longer. It is useful to have the letter written so that a regular person can understand (and be impressed with) it.
 
Thank you all. I kind of forgot about the regular person being impressed. It is written in a way that the regular person can understand though!
 
papers!!!

i am applying for EB1 i dont have long list of publications!!! but the attorney says dont compare your CV to others.
Any suggestions?
 
My EB2-NIW I140 has been approved finally approved on February 19th!! :):):):):):)

I have received one CRIS email this morning at 10am!!
 
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