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-   -   Please Help. RFE Submitted - Case status not updated for 6 months (https://immigrationvoice.org/forum/forum105-immigrant-visa/1043121-please-help-rfe-submitted-case-status-not-updated-for-6-months.html)

abhay 01-19-2010 11:40 PM

Please Help. RFE Submitted - Case status not updated for 6 months
 
Hi All

Mine is EB2 Category, On May 18th 2009 USCIS sent an RFE and my case status on USCIS website changed to this
"On May 18, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."

My Lawyer submitted the response for RFE with in 30 days (Sometimes in June before June 18th). My online status never changed and my lawyer assured that she has signature proof of receipt from FedEx, After 60 days, after pressure from me her paralegal sent an email to me Saying that she spoke with some one named XYZ from Texas Service center and he said that they have received the response, I waited until December and the status still not changed so I decided to call USCIS, they opened case for me on Dec 10th since it was outside processing time, and on Jan 17th 2010, I received a letter from USCIS with the reulst of investigation and it said+

"Status of this service request is:

The TSC has not received your response as of to date.

XM271"

I panicked and wrote an email to my lawyer and he said that
They just looked on the online status for your letter and Please be careful not to do separate inquiries apart from the lawyer as they now might not allow the lawyer to get case update for you. It is important to have on channel for updates since files get moved around and can get lost. If you wanted us to do the inquiries, please let us know and we can see if they will still let us. we are sure everything is fine as we have confirmation they got the response. We charge hourly at $250 per hour for time spent on the case beyond an initial inquiry."

I am going to contact my employer and express my concerns and see what they can do.

My questions are
Does the online status never get updated sometimes?
Does contacting USCIS directly creates problems for contacting USCIS on my behalf?
Any suggestion for me how to proceed with this?
How do I get the online status changed?

Thanks for all your help.

Regards
Abhay

Ann Ruben 01-20-2010 11:09 AM

Abhay,

Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?

Ann

Ann Ruben 01-20-2010 11:11 AM

Abhay,

Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?

Ann

abhay 01-20-2010 11:16 AM

Thanks Ann for responding.

RFE was for I-485, Priority date is Aug 2006. I-140 is approved.
RFE was asking to show that I was in valid visa status between 1997 and 2000, but surprisingly, I came to US only in 2000 that too on 2 business VISAs so I never worked in US until 2001. My Lawyer sent an affdavit stating that I was not in US between 1997 and 2000 and I was on business VISA on two occasions in 2000, also letter said that if they wanted we could send them the copies of stampings on the passport.

Thanks again.

Ann Ruben 01-20-2010 01:17 PM

Abhay,

The USCIS online case status system has never been 100% accurate. New data is "dumped" into the system on a nightly basis, and sometimes there is a technical glitch that randomly prevents some data from being transferred. USCIS claims that it is impossible to correct this problem and update case status info. in individual cases. So, it is unlikely that you will be able to get the online status changed.

However, what you can and should do is to get written confirmation from USCIS that your RFE response was timely filed. If your lawyer is a member of AILA, he can use the AILA/TSC liaison process to obtain this written confirmation from USCIS. If your lawyer cannot or will not do this, you should consider finding another immigration lawyer. Remember that the I-485 is your application, and not your employer's. You are entitled to legal representation of your choice.

Ann

abhay 01-20-2010 01:51 PM

Thanks So Much Ann, That gives me direction and what to request my employer when I talk to them later this afternoon.

I have one more question? When I spoke with USCIS and opened the inquiry in dec 2010. why did they come up with " RFE resposne not received till todate?" Do you think thye just checked the online status and responded back. My lawyer says that they spoke with someone at Texas service center and they told them that they have received the response. Thanks

innervoice 01-20-2010 02:29 PM

I got RFE for my spouse in August 2008 for I-485 regrading the marriage certificate and stil the status hasn't got update, called several times but no luck.

innervoice 01-20-2010 02:30 PM

I got RFE for my spouse in August 2008 for I-485 regrading the marriage certificate and still the status hasn't got updated, called several times USCIS but no luck.

Ann Ruben 01-20-2010 02:50 PM

Abhay,

It is certainly possible that the response was based only on the information available online, but there is no way to know for sure. That is why it is important to get written confirmation that USCIS rec'd your RFE response.

Ann

abhay 01-20-2010 03:18 PM

Quote:

Originally Posted by aruben@srrlaw.us (Post 1395083)
Abhay,

It is certainly possible that the response was based only on the information available online, but there is no way to know for sure. That is why it is important to get written confirmation that USCIS rec'd your RFE response.

Ann

Thank You Ann.


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