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conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.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 10-15-2009, 01:26 PM
Senior Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 135
USDream2Dust will become famous soon enough
Lightbulb Chances of RFE after an RFE

Hi,

I just had medical RFE for both me and my wife. We are July 2007 Filers and somehow our medical documents got lost or whatever, We received an RFE from USCIS and replied just in time.

I am primary applicant and I would be loosing job at end of october. I would not be finding a job due to personal reasons and would be on a 3 month severance package till january.

My Question is what are the chances of getting an EVL RFE during those 3 months? I know nobody can predict USCIS, but according to my lawyer, if they wanted EVL, they would have that in the RFE and chances of getting another RFE in another 6 months is very very slim.

This logic makes sense to me too. But anybody got weird experience where they received RFE, Responded to it and then got another completely different RFE in a short duration?


Thanks for you help,
USDREAM2DUST
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 10-15-2009, 03:01 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
01/30/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jan 2009
Posts: 255
gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future
Default

Anybody having experienced RFE after rfe.

I responded to a very simple rfe (asked to provide approval of form I-612) and after that online staus is 'response recd--case being processed ...blah..blah. Should it be a done deal? Pl, share your thoughts
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 10-15-2009, 04:47 PM
US Immigration Attorney
Law Office of Elaine Martin
6333 E. Mockingbird Ln Ste 147-910
Dallas, Texas-75214
http://www.martinvisalaw.com
Thank the Attorney if this post is helpful
Join Date: Jun 2009
Posts: 464
Thanks: 0
Thanked 365 Times in 201 Posts
martinvisalaw is on a distinguished road
Default

I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.
__________________
Elaine Martin
Law Office of Elaine Martin
Phone: (214) 329-4148
Toll-free phone: 1-866-318-8813
emartin@martinvisalaw.com
www.martinvisalaw.com
www.martinvisalaw.blogspot.com
Dedicated exclusively to immigration law since 1997

This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
Bookmark and Share   Reply With Quote  
  #4 (permalink)  
Old 10-15-2009, 04:54 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
01/30/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jan 2009
Posts: 255
gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future
Default Thank you

Quote:
Originally Posted by martinvisalaw View Post
I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.
Thank you so much. I appreciate a word from your experience
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 10-15-2009, 07:53 PM
Senior Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 135
USDream2Dust will become famous soon enough
Default Thank you so much

Quote:
Originally Posted by martinvisalaw View Post
I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.
I would relax now and be happy about not getting another RFE in short time.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 10-15-2009, 08:55 PM
Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2008
Posts: 89
eb2_mumbai is a glorious beacon of light eb2_mumbai is a glorious beacon of light eb2_mumbai is a glorious beacon of light eb2_mumbai is a glorious beacon of light eb2_mumbai is a glorious beacon of light
Default

This is what I can speculate from logical point of view. There can be an 2nd RFE which is basically seeking more clarification on an earlier RFE. These kind of RFE will be pretty much immediate to the preceeding RFE (within 1 -2 months)

After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.

But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 10-15-2009, 10:42 PM
Senior Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 135
USDream2Dust will become famous soon enough
Default Excellent Information.

Thank you.

I also am thinking same. But since I had medical RFE, I am not expecting any more RFE at this point. Looking at my PD, it wouldbe another year or 2 in best case scenario to pickup the file and get over it. So if can get a break of 2-3 months between jobs,it would save me alot of tension and worry.

and if officer wanted EVL, he would had added a clause in my recent RFE.No point in going back to my file and saying. oh!! let me ask him EVL now that he is done with medicals. And if he does that it would be atleast an year or 2 if not later.

But then again, nobody can predict USCIS, but atleast I can be happy that I thought thru it and probability is very very slim of me getting hit by a bus on an intersection.

Last edited by USDream2Dust; 10-15-2009 at 10:46 PM.
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 10-15-2009, 10:56 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
01/31/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jul 2007
Posts: 332
sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future
Default

Quote:
Originally Posted by USDream2Dust View Post
Thank you.

I also am thinking same. But since I had medical RFE, I am not expecting any more RFE at this point. Looking at my PD, it wouldbe another year or 2 in best case scenario to pickup the file and get over it. So if can get a break of 2-3 months between jobs,it would save me alot of tension and worry.

and if officer wanted EVL, he would had added a clause in my recent RFE.No point in going back to my file and saying. oh!! let me ask him EVL now that he is done with medicals. And if he does that it would be atleast an year or 2 if not later.

But then again, nobody can predict USCIS, but atleast I can be happy that I thought thru it and probability is very very slim of me hitting a bus on an intersection.

Keeping fingers crossed until approved is the mantra.

I believe IOs must be having a kind of 'work-sheet' while they are reviewing and are checking each box (?) for any missing info/link and if needed, will list the info required (all-in-one-go). and send out rfe. Once a satisfactory response is received --case is approved OR pre-adjudicated only to be approved when current.
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 10-16-2009, 11:13 AM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
01/30/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jan 2009
Posts: 255
gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future
Default

Quote:
Originally Posted by eb2_mumbai View Post
This is what I can speculate from logical point of view. There can be an 2nd RFE which is basically seeking more clarification on an earlier RFE. These kind of RFE will be pretty much immediate to the preceeding RFE (within 1 -2 months)

After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.

But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality
eb2_mumbai,
Most your recent postings are logical but still so much red here- I gave you green.
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 10-16-2009, 12:05 PM
Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2008
Posts: 89
eb2_mumbai is a glorious beacon of light eb2_mumbai is a glorious beacon of light eb2_mumbai is a glorious beacon of light eb2_mumbai is a glorious beacon of light eb2_mumbai is a glorious beacon of light
Default

Quote:
Originally Posted by gbof View Post
eb2_mumbai,
Most your recent postings are logical but still so much red here- I gave you green.
Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)

Just a warning to folks I have a strong feeling that perhaps EAD renewal might be a good place for IO to demand a fresh EVL. That is based on assumption that it goes to same level/ group of IO who adjudicates 485. If there are different groups that look at 765 & 485 then I guess all they care is to look up the system to see if 485 is pending and then approve 765 (which is normal workflow). I still think this is what they will follow because otherwise every 765 application (proimary) will result in RFE which is additional workload for CIS. They would just add it to required documents to make it easy on all of us.
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #11 (permalink)  
Old 10-16-2009, 12:23 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
01/30/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jan 2009
Posts: 255
gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future
Default

[quote=eb2_mumbai;1111915]Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)

QUOTE]

Never mind red-green. Please keep up ur informative/helpful postings.
good luck
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
EB2 Perm application chances dim GCJourney PERM Processing 38 08-18-2009 12:34 AM
H1B approval chances after being rejected once mike007 Immigrant Visa 1 05-18-2009 01:51 AM
Having a Company on H1B - 485 Chances kothuri Sept 18th Rally: Car-pooling, Group Reservations for Air travel, hotel etc. 0 10-02-2007 04:16 PM
ROW - EB Backlog Chances binadh Retrogression, priority dates and Visa bulletins 9 07-05-2007 03:49 PM
Realistic chances vijayfx35 Retrogression, priority dates and Visa bulletins 5 03-20-2006 10:36 PM



All times are GMT -4. The time now is 03:59 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org