RFE and uncleared NC

T

Tomlui6

Registered Users (C)
I am the principal applicant. My lawyer got a RFE from TSC about my wife's physical exam form. Today I received a letter from our senator that my NC is still pending. This confuses me a lot. I orginally thought that my case is moving forward because we got a RFE which means that TSC touched my case. Now it seems that my NC is still pending or senator got wrong information? If NC is still pending, why TSC send a RFE to my wife? Any ideas?
Thanks in advance
Tom

EB1 Case filed in Oct 2004
I-140 approved in Dec 2004
I-485: pending since then
 
Tomlui6 said:
I am the principal applicant. My lawyer got a RFE from TSC about my wife's physical exam form. Today I received a letter from our senator that my NC is still pending. This confuses me a lot. I orginally thought that my case is moving forward because we got a RFE which means that TSC touched my case. Now it seems that my NC is still pending or senator got wrong information? If NC is still pending, why TSC send a RFE to my wife? Any ideas?
Thanks in advance
Tom

EB1 Case filed in Oct 2004
I-140 approved in Dec 2004
I-485: pending since then
Click to expand...


I had same situation like you, my wife got RFE on Aug 9th and I was thinking same thing. On sep 13th I got reply from fbi that my NC is cleared on Aug9th. So most likely your NC may be cleared now. Hope for the best.:)
 
Tomlui6 said:
I am the principal applicant. My lawyer got a RFE from TSC about my wife's physical exam form. Today I received a letter from our senator that my NC is still pending. This confuses me a lot. I orginally thought that my case is moving forward because we got a RFE which means that TSC touched my case. Now it seems that my NC is still pending or senator got wrong information? If NC is still pending, why TSC send a RFE to my wife? Any ideas?
Click to expand...

NC is initiated as soon as you file AOS, and USCIS does not wait for NC results to start working on the other processes that are within their control. They will worked on these in parallel. So it is possible to see RFEs both before and after your NC adjudication. You might have also seen cases in this forum wherein NC has been cleared but 6 months to a year later USCIS is still working on their case.
 
According to SOP published, the IO gets file only if the checks completed and ready to do some action on the application. USCIS will not follow all the time SOP.
 
According to SOP (You can find in this forum) IO gets only when an application only when all security/background checks are completed. In the mean time I had come across some posting that some approvals for the primary and waiting for the derivative because the NC is not cleared.
 
RFE and NC are both totally different issues. If they send you RFE that doesnt mean your NC is cleared thats just totally wrong. RFE can come anytime in a case, at the beginning, middle or end. so it means nothing.
 
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