"Standard" I-485 RFEs?

B

bjorn

Registered Users (C)
Are there any "standard" or "typical" I-485 being issued? I just got word that my wife and I are getting an RFE for our I-485 applications, but have yet to see it. Are you getting RFEs to verify employer and salary prior to I-485 approval? In other words, is it standard practice to issue RFE in the I-485 stage regarding employment and salary (my thinking is that since the USCIS wants fresh evidence following the I-140 approval regarding job situation they issue an I-485 RFE)? Also, my wife was pregnant at the time of the medical and could not complete the TB test? Have any of you received an RFE based on one item on the medical not being completed for whatever reason?
 
You didn't mention any details about your own case. That would have helped a lot to answer your questions.

First, yes, you'll get a RFE for incomplete medical exam. A friend of mine's wife was pregnant and didn't take the X-ray check for TB. She got a RFE for that, but her husband (the primary) received the approval directly w/o RFE.

Second, a typical question in RFE would be to ask your guys to prove the validity of your marriage.

Third, I don't know the situations about non-NIW applications, but in my case (NIW-based), they did ask me to provide employment letter to prove that I'm still working and will continue to work in the area that my NIW petition was based.
 
You should be happy and excited bjorn! Usually after you answer the rfe, the case is finalized quickly! It would be nice if you post your details!

Best of luck!
 
Thanks for the great response regarding possible RFEs. I figured that an employment letter verifying current employer is to be expected. I also just received a FYI letter from my HR that the USCIS asked for an additional $5 (yes, five bucks) for filing fee. Apparently, we paid $5 less than the I-485 fee, and have to pay $5 more. I recall HR paying the correct fee, but what the heck, another $5 paid by the company does not matter as long as the case is approved soon. Don't know if that's the RFE, though. My details are below:

I-140, I-485, EAD, AP submission date: 8/31/05
I-140, I-485, EAD, AP receipt date: 9/12/05
I-140 AD: 9/14/05
EAD AD: 9/21/05
AP AD: 9/24/05
Biometrics completed: 10/4/05
FP completed: 10/11/05
Name check: don't know date but according to USCIS my name check is completed
I-485 LUD: 10/13/05, 10/24/05
I-485 RFE: 11/4/05 (have not received RFE yet, but guessing it's employment letter and wife's medical)
USCIS letter asking for $5 additional filing fee: 11/4/05
I-485 AD: ???
 
I received RFE for 485 also

bjorn said:
Are there any "standard" or "typical" I-485 being issued? I just got word that my wife and I are getting an RFE for our I-485 applications, but have yet to see it. Are you getting RFEs to verify employer and salary prior to I-485 approval? In other words, is it standard practice to issue RFE in the I-485 stage regarding employment and salary (my thinking is that since the USCIS wants fresh evidence following the I-140 approval regarding job situation they issue an I-485 RFE)? Also, my wife was pregnant at the time of the medical and could not complete the TB test? Have any of you received an RFE based on one item on the medical not being completed for whatever reason?
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I received RFE also (see my profile), but it was to prove that my status as a student was valid between 12/96 - 12/98. On the RFE letter, the items to submit were:
1. Current employment letter, pay stubbs, tax return for 2004
2. Current I-94
3. Current and expired passport
4. I-20s

I came as student and I had multiple I-20s over the time, such as reniew, extension, transfer, and re-instatement. I always maintained valid student status, except one semester I had to drop a course and dropped below 12 credit. So I had to apply for I-20 re-instatement. It was approved, but I never submitted that I-20 while filling I-485 last year.

So, I am crossing my finger hopping that everything is fine. I was also surprised to receive RFE so soon from them. Only 1 year has passed.

BTW, what if it satisfy their requirement about my case, will it be approved, is there any visa number available? I am cloudy in this area.
 
I already submitted all I-20s, copies of passports, etc. when filing my I-485. That's why expect the RFE to be for standard things like current employment letter. If your responses to the RFE satisfy the USCIS you should bet approved pretty quickly, asuming there are visas available. Since you are so late in the process, I am guessing that a visa is set aside for you that you will be approved for.
 
Bjorn & co:

why does the USCIS ask for info such as evidence that one maintained a valid student/non-immigrant status? Pardon my ignorance, but dont they have our files/records with all our immigration history? Is it easier for them to ask us via RFEs than to check their records? I was thinking that everyone who ever applied for anything at any SC had a file....
 
bjorn said:
I already submitted all I-20s, copies of passports, etc. when filing my I-485. That's why expect the RFE to be for standard things like current employment letter. If your responses to the RFE satisfy the USCIS you should bet approved pretty quickly, asuming there are visas available. Since you are so late in the process, I am guessing that a visa is set aside for you that you will be approved for.
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I also submitted my passport copies initially, but they asked for again. This time I made color copies.

As my former company's corporate lawyer mentioned, anytime they ask for RFE, you better add some common elements, even though they did not ask for; such as, if you know there is a new seal in your passport, copy that page, your I-94 ofcourse, your current employment letter, paystubs, any recent aproval notices, etc.

In reply to anxious-one:
Remember, until recently (way after 9/11) they took the initiaves to become a whole department, before that, all we knew was INS, but there maybe 100 of different departments within INS that had little or no communications between them. So whichever location approved my I-20s may be hard to locate for this current location my file is in (TSC).
 
I agree with sillious_mk. The USCIS probably has all your previous I-20s, H-1Bs, etc. on file somewhere else, but keep in mind that when the officer adjudincating your I-485 case, he does not want to waste his time digging for them, so it's easier and quicker for him to just issue an RFE. It's not about us and our previous files, but it's about what's most convenient for the USCIS officer. That's why you are better off sending in everything and anything you can think of in one huge file and let the USCIS then decide what they need to process the case. My stack of supporting I-485 documentation was at least 1 inch think, if not more. That's why I am curious what my RFE is all about as I expect to have to submit a current employment letter, but beyond that I though I covered all my bases when submitting my application. If they need color copies of my passport, I will send them that.
 
Thanks, sillious_mk and bjorn for your response. I guess my lawyer, as good as he is, is just like the USCIS in his modus operandum....I have been with him from J-1 through h-1, then he filed for my wife's H-4 after we got married. We recently extended our H-1/H-4 visas with him. He still asked for copies of ALL documentation (though he already had a good number of them on file) prior to filing 140/485. :p :p :p

Good luck to all of us.
sillious_mk, hope you go through soon.
Bjorn, hope you RFE is something minor that gets taken care of soon. My timeline is within a week or 2 of yours...
 
My law firm has done an OUTSTANDING job for me through through H-1B and the GC process. My company pays them top $$$ but also expect great results in a timely fashion. Still, the lawfirm asked me to submit the very same copies over and over for every application they filed for me. Since they keep getting approvals (and fast too) I am not going to argue with them about copies but just keep sending them what they need as they get me what I want in a quick fashion. That's all that matters in the end.
 
bjorn said:
My law firm has done an OUTSTANDING job for me through through H-1B and the GC process. My company pays them top $$$ but also expect great results in a timely fashion. Still, the lawfirm asked me to submit the very same copies over and over for every application they filed for me. Since they keep getting approvals (and fast too) I am not going to argue with them about copies but just keep sending them what they need as they get me what I want in a quick fashion. That's all that matters in the end.
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bjorn:

i read elsewhere that you filed an LC back in 2003? I am confused, as to why you did that since you are going the NIW route.....
 
Bjorn:

I have heard that people got RFEs on their employment status if their I485 has been pending for a long time (1+ years). That is just to verify that they are still with the same employer or at least having a similar job. Your I485 was just filed less three months ago, so I can't imagine that they are asking you to send in an employment letter. Your lawyer should have included an employment letter in your application when they filed your I485, if that is the reason. That's a pretty standard thing.

What is your priority date? Are you from a country affected by retrogression?
 
same question

waitingdood said:
Bjorn:

What is your priority date? Are you from a country affected by retrogression?
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I just got an email about RFE issued for my 485. I am wondering whether Bjorn could answer the above questions? In which center is your 485?
 
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anxious_one
I never applied for NIW. You must have me confused with someone else on this forum. I was the beneficiary of a labor substitution with the NOvember 2003 priority date.

waitingdood
I am NOT from a country affected by retrogression. I am from Western Europe. My employer did write an employment letter that I think was included. The RFE could also be my wife's, as she was pregnant when doing the medical and did NOT complete the TB test due to health risks. Again, I have yet to see the RFE, but the reason I know it is that my US Senator's office staff spoke with the USCIS and was told that an RFE will be issues to one of us (me of my wife). The Senator's office could NOT get any more information than that, so we don't know who is getting the RFE and what it is about. I could also be something like another set of passport copies or W2s or something like that. Even though I already submitted those, the USCIS may have lost some copies as my supporting documents were in a pile at least 1 inch think. Something may have gotten lost during processing.
 
bjorn said:
anxious_one
I never applied for NIW. You must have me confused with someone else on this forum. I was the beneficiary of a labor substitution with the NOvember 2003 priority date.

waitingdood
I am NOT from a country affected by retrogression. I am from Western Europe. My employer did write an employment letter that I think was included. The RFE could also be my wife's, as she was pregnant when doing the medical and did NOT complete the TB test due to health risks. Again, I have yet to see the RFE, but the reason I know it is that my US Senator's office staff spoke with the USCIS and was told that an RFE will be issues to one of us (me of my wife). The Senator's office could NOT get any more information than that, so we don't know who is getting the RFE and what it is about. I could also be something like another set of passport copies or W2s or something like that. Even though I already submitted those, the USCIS may have lost some copies as my supporting documents were in a pile at least 1 inch think. Something may have gotten lost during processing.
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Bjorn:

my bad....I am not confusing you with anyone, as you are one of the few folks I have communicated with. I just saw your EB2 category/rapid approval and assumed it was an NIW case.

Good luck with the RFE. I'm impressed that your senator's office actually knew about the coming RFE. Shows that they really tracked your case.
 
Yes, both my Senators came through in a great way, as did one House Representative AND my Governor. Both Senators also committed to call the USCIS a couple of weeks from when I respond to this mysterious RFE to push the USCIS to finally approve the case. They told me they are confident that based on their conversations with the USCIS and the Congressional office staff located at the service center that my case will be approved before Christmas. What a Christmas gift that would be, huh.
 
bjorn said:
Yes, both my Senators came through in a great way, as did one House Representative AND my Governor. Both Senators also committed to call the USCIS a couple of weeks from when I respond to this mysterious RFE to push the USCIS to finally approve the case. They told me they are confident that based on their conversations with the USCIS and the Congressional office staff located at the service center that my case will be approved before Christmas. What a Christmas gift that would be, huh.
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how long have you been in the US, if you dont mind my asking?
 
sarasota
My application and RFE is Vermont Service Center.

anxious_one
I've lived in the Us for 12 years. Undegraduate school, graduate school, OPT, H-1B... Crazy that one can live in the US for so long and still be the subject for possible GC denial. Talk about a screwed up system.
 
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