Waiting on I485 RFE - Need Urgent Help!!

[boston_babu]

Hi Everyone,

One of my friend have got RFE on 14th June 2013 but is still waiting for more than 2 weeks to get his physcial RFE in hand and he is really getting Worried, I would really appreciate if you can provide your input on this. Please find his details below

My friend is on EB3 and his date is current as of 01 Jun 2013. Like most people, on 14th June 2013, he received email alert saying 485 RFE has been sent. He waited for a week and since he didn't get physical RFE in hand, he went to local USCIS and they said it went to his old address. Even-though he have filed AR-11 in 2012 but forgot to update on Pending 485. My friend and his attorney both moved since they filed his I-485. On 25th Jun 2013, my friend filed AR-11 along with step-2 for pending applications and his Attorney Office called USCIS office to change their address over the phone to reflect new addresses. My friend got email confirmation for address change and his online status went from RFE to Initial Review due to address change. His Attorney has filed G-28 on 25th Jun 2013 for the request to resend RFE and USCIS received on 28th June 2013. We have below question:

1. His status is still showing Initial review due to the address change, how can we confirm that his RFE is resent? How long will this process typically take?
2. What other options do we have to know content of RFE or to get RFE sooner? (My friend went to local USCIS but not luck on the RFE content)
3. What are the alternatives to get the missing RFE? Is anything we that have to do after filing New G-28 by attorney,AR-11, Request for resend.
4. Since its already 16 days and he don't RFE in his hand, what options do we have, If we get RFE and time is very short to submit all requested documents for RFE
5. My friend is not working for his GC sponsoring employer and didn't file AC21 when he switched to his current employer couple years back. His current employer is willing to provide supporting documents for 485, do you think we can file AC-21 along with RFE now?
6. Since he is on EAD, he is really getting worried what if 485 got rejected. I hope it doesn't go there, What are his options to file H1B, Request for Motion, etc?

Please respond with your inputs, any help or information in this regard is greatly appreciated.

[cap-gap]

Hi Everyone,

•  If we get RFE and time is very short to submit all requested documents for RFE

there is generally 90 days to respond to RFE..once USCIS gets the undelivered mail, they may try to resend if they see the address updated..

 

after waiting one more week, your friend can take one more infopass appt to get the RFE resent..or a competent attorney can handle all these..

[boston_babu]

cap-gap,

 

Thanks for your reply.

 

My friend have an attorney and since we are still in waiting mode, just thought of getting input from other people who might have experienced or came across similar issues.

[EB3FEB252003]

On June 14th I got e-mail about RFE. But I never received RFE in mail. Then on 25th they sent e-mail saying RFE returned by USPS. Even though address on USCIS is correct. When I called on 25th they told that they will correct that and resend, I did not get that RFE mail in my hand yet. At this time I am not sure what else to do.

 

......................................................................................................................................................................

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Request for Evidence
On June 14, 2013, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, 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.

......................................................................................................................................................................

Your Case Status: Initial Review
On June 25, 2013, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.
During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCISreviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

......................................................................................................................................................................

[boston_babu]

Same with my friend. Do you have any update on yours EB3FEB252003?

[EB3FEB252003]

They resent to me after opening ticket with USCIS.

[deswaran]

If it has been more than a couple of weeks since you saw the email notification about the RFE but did not receive a physical copy:

 

Note that many times the I-485 RFE is just sent to the attorney (and not to the applicant). Sometimes it is sent to the applicant but not always. So please check with your attorney. Also, in case you have lost touch with the attorney because of the huge retrogression, call them and ask them if they got the RFE. If they have moved their office while the application was pending, ask them to send a change of address notification to the USCIS.

[boston_babu]

EB3FEB252003,

 

How long did it take to receive the RFE after you placed the resend request? Did you talk to L2 officer for this?

 

Please let me know the process as that would be a great help for my friend.

 

His lawyer sent G-28 and my friend updated his address using AR-11 along with pending applications on June 25th, 2013. His status got updated from address change on June 26th to returned on July 8th. He called the number mentioned in the status and requested for resend RFE to new address. He still haven't received RFE in hand yet and he is getting worried.

 

On June 26, 2013, your address was changed relating to the I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.

 

On July 8, 2013, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.

 

They resent to me after opening ticket with USCIS.

[boston_babu]

deswaran,

 

We are in touch with lawyer. He moved along with my friend, Lawyer filed G-28 with address change and my friend filed AR-11 for address change along with pending applications on 25th Jun, 2013. But haven't received RFE in hand yet.

 

If it has been more than a couple of weeks since you saw the email notification about the RFE but did not receive a physical copy:

 

Note that many times the I-485 RFE is just sent to the attorney (and not to the applicant). Sometimes it is sent to the applicant but not always. So please check with your attorney. Also, in case you have lost touch with the attorney because of the huge retrogression, call them and ask them if they got the RFE. If they have moved their office while the application was pending, ask them to send a change of address notification to the USCIS.