just a thought about rfe's

[Sveta & Ron 23]

as everyone knows last month we had an rfe what i am wondering is once the added papers been accepted does the processing clock gets reset or only lost the time the forms on hold? also I know some members on vj will not agree but I read in the rfe for forms aos, ead that uscis will make decision within 90 days of accepting new paper work. per the cbp, dos, tier 2 and uscis website the 131 ap was NEVER placed on hold

[Gary and Alla 3,694]

as everyone knows last month we had an rfe what i am wondering is once the added papers been accepted does the processing clock gets reset or only lost the time the forms on hold? also I know some members on vj will not agree but I read in the rfe for forms aos, ead that uscis will make decision within 90 days of accepting new paper work. per the cbp, dos, tier 2 and uscis website the 131 ap was NEVER placed on hold

Your RFE reply was DELIVERED. USCIS does not "reject" RFE responses. I believe you think if they didn't send it back then it is OK. That is not true. You could respond with blank pieces of paper and they would "accept it" as your response and then later deny your application.

IF... what you sent meets the requirements of the RFE (we have no clue since you never posted the RFE or the details of your response) then processing will return to normal and your AOS timeline will be about like anyone else's in the same time period. EAD and AP will be issued as normal. RFEs are handled by the same adjudicator that generated the RFE, it goes back to the same person, that person then puts your case back in their workload. Processing returns to normal

IF... what you sent does NOT meet their needs, there will be a considerable wait time (months, but perhaps within 90 days...3 months)as the case gets reviewed by successively higher levels (adjudicators do not have the authority to deny petitions or applications on their own) and finally you will receive a denial with an explanation as to WHY it was denied. They do not send another RFE. In this case there will be NO EAD or AP forthcoming as the documents were filed concurrently with a I-485. You can imagine that they were not "put on hold" (another term that means nothing) if you like, but when filed concurrently with an I-485 for the same FEE, they most absolutely are affected by this. In cases where an RFE comes AFTER the EAD or AP is issued, the EAD or AP benefits are suspended.

IF the case is denied, you willhave the opportunity to either...

1. Appeal the denial (I-290, $585). An appeal must present NEW documentation that was not available to you when you filed the response to the RFE. An appeal is basically saying "You made a mistake" and asks them to review their own decision.

Good news? If the appeal is accepted and "won" the case finishes quickly. If the appeal is "lost" you lose the $585 and have to re-file the application as new (with new AOS fee)

2. Refile the AOS is the 2nd option, All new application and fees. BUT it is guaranteed to be processed. The appeal is a ####### shoot, to be honest. If you "win" you get the green card sooner. If you lose you delay the green card further and it costs you $585 more.

The only way an AP or EAD would NOT be affected is if you filed them separately and paid the separate fees for them

My source is actual adjudicators that process these cases who sit at my dining room table and have tea with Alla.

[Sveta & Ron 23]

i asked a very simple question if you can not or refuse to give simple answer then give NONE at all

[Gary and Alla 3,694]

i asked a very simple question if you can not or refuse to give simple answer then give NONE at all

There is no "clock" to reset. When the RFE response is returned the process continues.

[Sveta & Ron 23]

when uscis receives my rfe papers does the ( process times line ) start over or had I only lost the time it was in hold staus?

[Gary and Alla 3,694]

when uscis receives my rfe papers does the ( process times line ) start over or had I only lost the time it was in hold staus?

There is nothing to lose or gain Ron. There is no "timeline" to "start over" as there is no requirement that anything be processed in any particular amount of time. The processing of your application STOPS while the RFE is "sent out". When you answer the RFE, the processing of your application RESUMES where it left off. Time "lost" will depend on a lot of factors. The I-485 is a multiple step process, the petition is not. If you will receive an interview the I-485 will now be sent down that path and sent to the local office for the interview. Does your RFE cause or does the response cause a need for an interview that would not have existed before? Who knows? Maybe.

Do they pack up your case and send it back to the mail room? NO, The RFE response goes back to the adjudicator that sent it to you. The adjudicator takes you out of the "RFE pile" and puts you back in for processing. Even the method of handling RFEs between adjudicators varies within internal production guidelines.

How fast will you get an answer or decision? Depends. I explained that above. The sooner the better. IF your response is what they want, there should be few delays, if any. If it is not what they want there will be considerable delay until it is denied. It has nothing to do with "timelines". Timelines are fabricated examples used to determine trends in the process. There is nothing that says an I-485 MUST be processed within a given time or that an RFE response must be addressed in a certain time.

As always, Ron, processing is what it is. Alla's ROC took 5 months, Sergey's took 11 months. Any problems? No. No RFEs or interviews for either of them. Sergeys was submitted 10 months later and things had changed. So what?

The "problems" come in when YOU decide to do things that become dependent on USCIS to do something. You are making travel plans with no valid travel document. DON'T DO THAT and your frustration level goes way down. When the AP arrives, plan your travel. Etc.