Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Ask an Attorney - > Immigrant Visa
Click to log in with Facebook
Immigrant Visa This forum is for asking questions from Immigration Attorney.
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 01-19-2010, 11:40 PM
Senior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
01/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
Compare
Join Date: Jul 2007
Posts: 114
abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute
Unhappy 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
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 01-20-2010, 11:09 AM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 278
Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice
Default

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
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 01-20-2010, 11:11 AM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 278
Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice
Default

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
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 01-20-2010, 11:16 AM
Senior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
01/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
Compare
Join Date: Jul 2007
Posts: 114
abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute
Default

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.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 01-20-2010, 01:17 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 278
Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice
Default

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
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 01-20-2010, 01:51 PM
Senior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
01/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
Compare
Join Date: Jul 2007
Posts: 114
abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute
Default

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

Last edited by abhay; 01-20-2010 at 01:58 PM.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 01-20-2010, 02:29 PM
Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
06/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 47
Blog Entries: 1
innervoice will become famous soon enough innervoice will become famous soon enough
Default

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.
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 01-20-2010, 02:30 PM
Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
06/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 47
Blog Entries: 1
innervoice will become famous soon enough innervoice will become famous soon enough
Default

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.
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 01-20-2010, 02:50 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 278
Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice
Default

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
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 01-20-2010, 03:18 PM
Senior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
01/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
Compare
Join Date: Jul 2007
Posts: 114
abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute abhay has a reputation beyond repute
Default

Quote:
Originally Posted by aruben@srrlaw.us View Post
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.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Status updated after Attorney writes to USCIS rpat1968 Immigrant Visa 2 09-24-2009 12:46 PM
485 status notice is not updated even after updating address ardnahc Receipt tracker of 485, EAD and AP applications 0 03-25-2009 08:35 PM
H4 Visa Out of status for 2 months.. kpatel_29 Out of status, employment gap and status revalidation 4 06-09-2008 04:19 PM
I-140 online status not updated rajenk Priority dates transfers and Post 140-approval options 3 12-31-2007 10:59 PM
All of my case status LUD since 2004 got updated today ? rajakannan Retrogression, priority dates and Visa bulletins 10 06-11-2007 02:03 PM



All times are GMT -4. The time now is 04:29 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org