I-485 RFE (PD: Jan/2010; EB2/India)

[i_my_Voice]

No idea how I got the RFE yesterday since I was under the impression that the process in on hold. My PD is Jan 2010 in EB2 India. AOS was filed on March 31 as the dates were progressing big time for EB2. Got the combo EAD/AP within a month. Now got the RFE just yesterday...What the hell is happening? Are they still doing something?

Anyways - here is what happenned....
My civil surgeon had done the TB Skin Test that came out of the standard range for both me and my spouse. So they took a chest x-ray for both of us and it came normal. The civil surgeon had noted down this information on the USCIS medical form and had cleared our cases. Now it seems USCIS wants us to submit the chest x-ray report from the radiologist. Civil Surgeon’s office people had told me that time that almost 1 out of 3 people have to go through a chest x-ray and is totally normal. Just wondering why the civil surgeon's office didn’t include the chest x-ray report along with the medical form in the sealed envelope if they see this happening often…

Any thoughts or word of wisdom from experts?

Thanks!!

[mzc123]

Originally Posted by i_my_Voice

No idea how I got the RFE yesterday since I was under the impression that the process in on hold. My PD is Jan 2010 in EB2 India. AOS was filed on March 31 as the dates were progressing big time for EB2. Got the combo EAD/AP within a month. Now got the RFE just yesterday...What the hell is happening? Are they still doing something?

Anyways - here is what happenned....
My civil surgeon had done the TB Skin Test that came out of the standard range for both me and my spouse. So they took a chest x-ray for both of us and it came normal. The civil surgeon had noted down this information on the USCIS medical form and had cleared our cases. Now it seems USCIS wants us to submit the chest x-ray report from the radiologist. Civil Surgeon’s office people had told me that time that almost 1 out of 3 people have to go through a chest x-ray and is totally normal. Just wondering why the civil surgeon's office didn’t include the chest x-ray report along with the medical form in the sealed envelope if they see this happening often…

Any thoughts or word of wisdom from experts?

Thanks!!

How did you find out about RFE? Did you receive a letter from USCIS or were you informed of RFE details by your employer?

[shreekhand]

Looks like you are too new in the process to know about pre-adjudication!

How would anyone in the forum know why your civil surgeon did not include the report ? Ever thought of finding it out from him ?

[i_my_Voice]

Originally Posted by shreekhand

Looks like you are too new in the process to know about pre-adjudication!

How would anyone in the forum know why your civil surgeon did not include the report ? Ever thought of finding it out from him ?

Thank you very mush my friend but I am not new into this. I am in US since 2003...9 years on H1B and have an MBA also from a highly reputed US university along with B Tech from IIT in India long back...Have also contributed for HR3012 twice and have done several things personally to advocate it in North Carolina....My problem is - I was changing jobs often (this is my 9th job in last 13 years) as I didn't give a damn about my green card....I finally made up my mind to be stable and working for one of the top financial services organization and then fuc... stuck with GC in EB2....So if you see my profile as 2010 EB2/India, don't think that i am a newbie...It's been 9 years my friend and I am just extremely tired...
I called the civil surgeon's office (50 miles from my home office...) this morning and they told it was an oversight...Just surprised of this oversight that takes my 2 days in stress... Going to the civil surgeon's office in the next 30 minutes...Just very frustrated with this process and all the DISCRIMINATION done against India/China people...This is what i sent to my immigration attorney in response to my H1B extension beyond 9 years...(Just fyi...my org has 300,000 employess globally)...
My AOS will never be processed in the next few years as I am from India. As you may be aware, there is a bill outstanding in senate (HR 3012… Bill Summary & Status - 112th Congress (2011 - 2012) - H.R.3012 - THOMAS (Library of Congress)) that got passed with an overwhelming majority in Congress (385 vs 15) last year but never made to the senate floor as Senator Grassley put a hold on that bill for very long. There is currently a 7% cap for any country in any EB category for Green Card. This bill is for removing this 7% cap and make the green card process a first come first serve basis. The bigger question that this bill is trying to address is – how come a person from India/China takes 8 years to get a green card in EB2 category (EB3 is more than 20 years) while any other country in the world only takes 2 years and current in EB2. When a job in Bank of America is opened for a visa holder (when no qualified American citizens or green card holders exist), hiring manager doesn’t ask which country the person is coming from (Equal Employment Opportunity Commission) but when it comes to Green Card, this issue appears. We all can probably agree that talent isn’t inherited by one specific country then why is this discrimination? Are the people from rest of the world more talented that people from India and China? Why we not making it simply on the basis of – apply first, get it first? Why is it so difficult to make this a law? Anyways, I don’t want to spend 100 lines discussing this as most of the folks in US Congress including the judiciary committee are already in favor of this bill.

Thanks again for your email. I am going to India this December and probably won't come back because the SAVINGS that I have right now, I can do it from anywhere in India or join politics with Arvind Kejriwal....Arvind seriously needs help...

[i_my_Voice]

Originally Posted by mzc123

How did you find out about RFE? Did you receive a letter from USCIS or were you informed of RFE details by your employer?

Thanks mzc123. I got an RFE letter yesterday (2 pages for me and 2 pages for my wife in separate envelopes). The reason I posted on IV site is - I am just surprised how I am getting an RFE when everything is on hold for EB2...I am going to answer the RFE, that's not a big deal at all...but just got concerned why RFE when EB2 is "U" on visa bulletin since last several months.
Anyways, I am good with it and I thank you so very much for taking the time out and responding to my message. You the BEST!!!!!

[i_my_Voice]

Originally Posted by shreekhand

Looks like you are too new in the process to know about pre-adjudication!

How would anyone in the forum know why your civil surgeon did not include the report ? Ever thought of finding it out from him ?

Just got back from the civil surgeon's office after picking up my missed x-ray report. Unfortunately neither the civil surgeon or my attorney at Wells Fargo knew about it. Just wanted to bring some awareness about it - that's all. If you go through a chest x-ray, please make sure the x-ray report from the radiologist is included in the sealed medical form/envelope from the civil surgeon otherwise you will get an RFE and have to waste time unnecessarily...
Thanks!