Rfe

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MN_NSC

Registered Users (C)
AVM changed to RFE mailed on 3/27/01. My attorney received the RFE yesterday(4/2/01). Its about medical. Apparently, my civil surgeon did not conclude TB skin test result. Based on the RFE it is apparently greater than 5mm, so the surgeon should either look for x-ray to positively diagnose the case and/or prescribe medicine. My civil surgeon didn\'t do either. So I will have to go back to her to get it rectified. In the mean time due to the 245 deal she is booked till May. My question is:
1) Is it a big deal... could she have me go for an x-ray and conclude I am OK. (I am from Asia and apparently due to the vaccine or whatever, the skin test comes out negative).
2) If the doc prescribes the medicine should I take it. How long is the course?
4) How long is the medical valid. The doctor\'s appointment nurse wants me to go for another complete medical as it is almost two years old (7/21/99).
3) RFE said the original I-693 was attached. My attorney sure didn\'t get one. He thinks I will get the original medical to my house address. Does INS mail RFEs to both attorney and the applicant?
4)Can I consult another doc to redo the I-693. I have to admit that in the RFE it clearly says that I should go back to the Physician I first visited.

Any comments will be greatly appreciated. Thanks and good luck.
RD:10/29/99, ND:11/10/99, FP:11/28/00, RFE: 3/27/01.
 
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EB2 India NIW PD: 3/97.
Importantly, does anybody know if the RFE is mailed to the applicant along with the attorney. Thanks.
 
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I don\'t have an answer to the question about mailing the RFE, but I may be able to help with the positive TB skin test.
Firstly, I have had the skin test done twice and if memory serves me right, the swelling has to be greater than 10mm for it to be considered positive. So I am not sure whether the doctor made the mistake or the INS. Anyway, my swelling was greater than 10mm so I went in for a chest x-ray which was all clear. Unless you have TB, this may be the easiest way to address the RFE. Forget taking the medicine for 6 months. All Indians get a positive test because we take the BCG vaccine as children. So just go ahead and get the x-ray. As far as doing the whole medical again, I am afraid you have to go with what the doctor says.
 
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Thanks for your reply. According to the RFE if the swelling is 5mm or greater its positive. But I am like you, I remember the doc saying that it has to be 10mm or greater. Anyway I will suggest the X-ray.
The thing that complicates the situation is the fact that INS tells that they sent the original I-693(medical report) back attached to the RFE. But my attorney tells me that they just received the RFE without the report. I am not sure what my options are at this point. To wait till I get I-693? Redo a new one? or photocopy the old one with the new info. Any suggestions from experts or others in the same boat will be very helpful.
Thanks again.
 
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Just have the doctor who did the original medical exam make a copy of the report and put it in a sealed envelope. That should make it acceptable to the INS.
 
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MN_NSC,

Any updates on what your lawyer wanted you to do? From your post it was not clear that whether you will get a RFE if
(1) reaction is greater than 5mm,
(2) surgeon checked with x-ray to positively diagnose the case
(3) if positive (inactive TB) and prescribe medicine.

Will a person taking medicine get a RFE from NSC?

Thanks.
 
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From talking to the lawyer and posts from SSajjan and others this is what I understand:
1) The medical report must be complete. That is if you have a reaction (in my opinion no matter the size) you should follow-up with an x-ray.
2) If the x-ray is normal, the medical report should state that and should clear you from having any TB.
3) If the x-ray is abnormal, the medical report should state that. In addition the civil surgeon should write wheather you are taking steps to reduce it from Class A to Class B (clinically positive but not infectious).
So, check where you are with reference to the above steps. In my opinion, if your civil surgeon has done his/her job properly you should not get any RFE. Hope this helps.
 
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