RFE & TRANSFER NOV 2001

izmr

Registered Users (C)
Dear Guru:
I would really appreciate either your comment or experience on my case. I am EB2 with rd nov 2001. Then VSC asked for RFE and received by Feb, 2004.
Today they transfer my case to Baltimore. My question is:
Do you know ppl transferred even they got and sent RFE? It does not make sense to me and moreover worries tremendoulsy that if they have the RFE why they are still transferring me to local office, instead of approving or denying the case?
Thnk you very much in advance
 
izmr said:
Dear Guru:
I would really appreciate either your comment or experience on my case. I am EB2 with rd nov 2001. Then VSC asked for RFE and received by Feb, 2004.
Today they transfer my case to Baltimore. My question is:
Do you know ppl transferred even they got and sent RFE? It does not make sense to me and moreover worries tremendoulsy that if they have the RFE why they are still transferring me to local office, instead of approving or denying the case?
Thnk you very much in advance

It make sense from USCIS perspective...
i) You case is not backlogged as per USCIS.
Did you read Rajiv Khanna's testimony in the court. As per that submission, a case is no more considered to be backlogged if either RFE is issued or transferred to local office.

ii) USCIS can claim that they are taking utmost care in processing...how ..sleep on a case for 8 months and can claim that despite working so hard on the case, they don't want to leave anything to chance and that is the reason they have transferred...


Otherwise, as you said it does not make any sense to transfer the file after sleeping 8 months over it...

it is never ending loop...

Please see the following thread

http://www.immigrationportal.com/showthread.php?t=145949

thanks,
 
Dear Rajum:
Thank you for your reply, but I have one more question if you don't mind. Does it make difference or important that VSC accepted to expidite my case on Teusday and they made the decision the next day. My elobration is if the expedition is accepted is it normal to transfer still?
Thank you very much in advance
 
izmr said:
Dear Rajum:
Thank you for your reply, but I have one more question if you don't mind. Does it make difference or important that VSC accepted to expidite my case on Teusday and they made the decision the next day. My elobration is if the expedition is accepted is it normal to transfer still?
Thank you very much in advance


izmar your case is similar to mine. My case was filed at Vermont in Dec of 2001. I was very upset when after 2 FP's, 2AP, and 2 EAD's and 7 h-1b's they sent me RFE in April of 2004 after sleeping for 2.5 years on my case. I was excited when i replied to the medical related RFE and was hoping for an approval within 1 month. I was shocked,depressed when they transferred my case to the worst local office in the south(atlanta) for the interview.

It's the hard fact and you better digest it. Hope the wait at baltimore is not too much. hopefully, you'll get an inteview soon. Most 2001 filers are suffering and since vermont has been approving 2002 cases it's easier for them to transfer 2001 cases.
you can think of any reasons.
for ex: my case might have been transferred because i have been in the country since 1991 and i did my BSEE here. Maybe, i have been moving around every 6 months due to consulting job and they want to check me in person. However, when i went to the local office they told me the reason for transfer was that when i had changed the employer, my 1-94 reflected old date of entry and showed that my H-1b had expired. My file was missing the new transfer notice to the new company.
We can think of anything. Something like this they could have asked along with the RFE, but they choose to transfer the case. I was told about this from the Senator in March of 04. But when i was given RFE was confident that my case would get approve, but then they had made the decision.

SO... i would say.. you can't do much but to wait for your time. Each case is different. there must have been something that the officer thought was alarming and wanted to interview you in person.

I think Balitmore is faster. You'll probably get interview in couple of months as it takes 1 month for file to reach local office.

you are almost there, don't loose the hope! :)
 
Last edited by a moderator:
best of luck , Tufan and Izmr,

they sent me a letter in sept dated Aug 30 th (when I went to VSc )that they will expedite my case, and I have heard nothing. Does expedite mean some thing or nothing?
At this time any letter would be good enough

Rd 10-9-01
Nd 12-3-01
Fp 2 8-03
LUD 5-04
 
izmr said:
Dear Rajum:
Thank you for your reply, but I have one more question if you don't mind. Does it make difference or important that VSC accepted to expidite my case on Teusday and they made the decision the next day. My elobration is if the expedition is accepted is it normal to transfer still?
Thank you very much in advance

I would think it is perfectly normal. It does not mean anything wrong. Last year, USCIS "left and right" transferred the cases to local office. After Rajiv Khanna's disposition, I realised that it is for their statistics to look good. Though they might give some explanation or some one in the forum or your friends might rationalize for you, I feel that IIO's has lot of discretion and it is your bad luck. After expedition request, it landed on the lap of one IIO who might be particular on certain aspects. Even if your case has not expediated, had it landed with the other IIO who was in bad mood on that day, he might have done the same thing...

On a lighter note, have you played "Snake and Ladder Game" while you are young( It is also called as "Chute and Ladder game"). You have landed on a snake(or chute) towards the end of the game and slided down.

In fact, Rajiv Khanna asked for documents which contains guidelines like this You might know that USCIS has refused to give.He asked for training material and Office of Production Management manuals and asked whether there is any set guidelines or not which USCIS refused to give it...

Anyway, I am also in the same boat as you for last three and half years....INS lost my I-140 petition after approval in June 2001 as I wanted to go for CP to Chennai and they are suppose to transfer to NVC. People gave all kind of rationalizations to me justifying USCIS non-performance... To me it is all bull shit....

I know that USCIS has to give me green card one day and I am waiting for that day...Last two years, I was waiting desparately and this year I am not that desparate as showing desparateness does not help.It only increases my Blood Pressure and other health problems and might land in hospital and nothing else...

So, don't think too much whether it is normal or not...

I sincerely wish you all the best....

thanks,
 
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