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Old Jan 2nd 2004, 1:52 pm
  #16  
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Default Re: RFE at MSC

Originally posted by lpdiver
It WAS all said in a nicer way in other threads. But Mushen can't let go and neither can I about my problems but I don't post (I hope anyhow) ranting misleading information after being told the facts.
Ok enough about this!!
Whats new with your case?
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Old Jan 2nd 2004, 1:54 pm
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Default Re: RFE at MSC

Originally posted by Matthew Udall
I did. I seem to recall spending "hours" writing replies to him a week or so ago where we went over all of this. And again, I believe a good hearted attorney even volunteered his time to go over it "again", this time in even more detail (can you imagine trying to type out what you could tell someone over an hour long phone call).

Apparently that was time completely wasted.
I think he got your point but he is too fustrated and mad now, I am speculating here.. so I am gonna hush.
By the way my case is on its way to Madrid
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Old Jan 2nd 2004, 1:57 pm
  #18  
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Default Re: RFE at MSC

Originally posted by Hypertweeky
I know Mathew was explaining the facts to him, he is the lawyer so he knows whats going on.. I was only saying.. he could have said it in a NICER way
Hi Hyper,
Hope you have a nice new year.

Just to be accurate here, my having a law degree is not what makes me know what's going on.

It is the study of immigration law, case experience, and in this particular case, actually visiting the NBC and talking to the Director and his top staffers (including the ones in charge of I-129f's at the NBC) that helps me know what's going on at the NBC concerning much of the minutia of service center processing.

And I have a sneaky suspicion that an attorney with similar experience and knowledge volunteered time not only answering his questions very politely via the written form, but also during a lengthy phone call (for free).

Have a nice weekend (you too... tweeks boyfriend).
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Old Jan 2nd 2004, 2:04 pm
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Default Re: RFE at MSC

Hope you have a Great New Years too and Thank's for your time helping people with their cases sorry I spoke out I don't know all the facts I just have seen a lot of rude people on here lately and that is why I don't talk that much on here anymore.. I really think it is nice of the lawyers on here giving advice for free I decided just to hire a lawyer so it wouldnt be so frustrating even though I am still paying for it lol it was worth it.. Have a great New Years everyone and hopefully all good news posts on here!!
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Old Jan 2nd 2004, 2:05 pm
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Default Re: RFE at MSC

Originally posted by Matthew Udall
Hi Hyper,
Hope you have a nice new year.

Just to be accurate here, my having a law degree is not what makes me know what's going on.

It is the study of immigration law, case experience, and in this particular case, actually visiting the NBC and talking to the Director and his top staffers (including the ones in charge of I-129f's at the NBC) that helps me know what's going on at the NBC concerning much of the minutia of service center processing.

And I have a sneaky suspicion that an attorney with similar experience and knowledge volunteered time not only answering his questions very politely via the written form, but also during a lengthy phone call (for free).

Have a nice weekend (you too... tweeks boyfriend).
Accurate.. I love that word!, I wanna be Mrs Accurate when I get older . Thanks for explaining why you know about the service centers processing. So I gotta have more than a law degree to understand whats going on at the service centers? Dang it
I told my lawyer about this site.. he promised he was gonna check it out
By the way Tweekyslove is my husband.. not my boyfriend
Have a nice weekend!
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Old Jan 2nd 2004, 2:16 pm
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Default Re: RFE at MSC

Originally posted by Hypertweeky Thanks for explaining why you know about the service centers processing. So I gotta have more than a law degree to understand whats going on at the service centers? Dang it
I told my lawyer about this site.. he promised he was gonna check it out
I don’t know how any attorney could possibly practice immigration law without being a member of AILA. One could do it, but AILA really exposes one to a vast array up to date information, plus it provides many opportunities to meet and liaise with top USCIS and Consular officials and access to AILA mentors and AILA liaison personnel.

I tour the Service Centers (been to all expect the VSC… actually was at St. Albans at the VSC, but could not talk them into giving me an impromptu tour of the facility) whenever I can as I always pick up a gem or two of information that either comes in handy when doing the actual work in my cases, or when answering a clients’ (or DIY’ers in the news group) questions.

I’ve been volunteering a couple of hours of my time (or more) pretty much each day (with some time off here and there) here in the group since I found it back in 1997 or 1998, and its was one of “my� clients back then who told me about the group.

I have also let another attorney friend of mine know about this group, and I believe he has posted here before. Perhaps you have read some of his postings ;-).

By the way Tweekyslove is my husband.. not my boyfriend
[/QUOTE]

Oh, sorry for getting that wrong.
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Old Jan 2nd 2004, 2:36 pm
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Default Re: RFE at MSC

Originally posted by utopiacowboy
Those with RFEs do seem to get stuck in some kind of limbo and the processing order seems a little chaotic at times.
New approvals (for cases that did not get an RFE) and approvals of RFE’D cases won’t seem to make sense in a chronological order type of way, as they are procedurally in two different postures or two different “tracks� if that makes more sense.

For that same reason, those with RFE’s can no longer use the service center reports to determine if a case is overdue as those reports indicate cases that are awaiting "initial processing". A case that gets an RFE "has" received initial processing.

An officer determines if an RFE is necessary, and the case does not make it to an officer until the last stages (all the more reason to document those cases well at the outset).

I know how the cases move through the system in order to be given to an officer, and I also know what goes on in the RFE procedure. They are simply not the same thing, and is why I take issue with characterizations saying an RFE case waiting for approval is the same as a new submission waiting for approval. It’s not the same.

There are many reasons why the MSC/NBC might be diverting staff away from the I-129f cases (including the RFE'D I-129f cases), and when I see someone saying a bunch of RFE cases are experiencing the exact same thing, that leads me to believe they have simply diverted staff away from the I-129f instead of his particular case falling through the cracks.

If his case is just waiting its turn for staff to be diverted back to I-129f’s, calling a rep won’t change that nor is it going to help by encouraging others to have their reps wasting the Service Centers time.

Now if his case “fell through the cracks� (a phrase coined by Kate last year), by all means bring in the big guns! But from what he says, he’s certainly not alone in waiting for the RFE approval. Plus he says that the NBC is apparently now ignoring e-mails from his rep, so they are obviously aware he’s waiting (I wonder if there is some poor sucker out there whose case really has fallen through the cracks and who has asked that particular rep for help, only to have that rep’s e-mail now ignored by the NBC).

Last edited by Matthew Udall; Jan 2nd 2004 at 2:39 pm.
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Old Jan 2nd 2004, 2:36 pm
  #23  
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Default Re: RFE at MSC

Originally posted by Matthew Udall
Why do you keep saying this? Cases that get an RFE are “NOT� treated as “new petitions�. They are treated like a case that got an RFE!

I know they are not but it just seems.


Why do you keep saying this? They have in place a system whereby they ask for missing information. That is the RFE process. Why would they tell you to file a second petition when they are already working on the first one?

If you want to file another petition, be my guest, but it would be “stupid� for the USCIS to go around telling people to file a second, third or perhaps even a fourth petition when one has already been filed.

I am not saying that as well. I was just trying to make a point that they are approcahing or have past the few people here that have received RFE's in approving new cases.



As I have told you before, the NBC takes the position that they try to stay about as current as they can on “all� case types (roughly about the same for all case types) and as was told to me point blank by the director last year as I was talking to him at the NBC, if they get far behind on a given case type, they will divert nearly all of their staff into bringing that case type up to pretty close to the same level as the other case types. But in that situation, they will keep at least 1 officer on the other case types (1 officer per each of the other types) so those won’t come to a complete standstill.

Plus, you might have missed it, but I and another poster have had I-129f cases sent to the TSC redirected to the NBC lately. I don’t know if this was due to a TSC error, or if the MSC/NBC is simply helping the TSC take up some slack, but it could be that at the NBC there is something going on (directive from above, or backlog in another case type) that is keeping them busy elsewhere (meaning the non-backlogged or non-prioritized cases are not being worked right now).

Yes I also understand this but understanding it doesn't make it fair. You would think that they would want to finish off the RFe cases. Just my humble opinion.

Says who, you? It’s obvious that you don’t know Jack about service center processing. First, it’s the officer who decides if the RFE is needed and the case has to wait its turn before it makes it to the officer (which is normally the last step in approval). Second, they don’t go to the “back of the line� regardless of how many times you spew out this bit of misinformation.

Again just trying to make point. I didn't say I knew jack and I was just trying to sympatize with the people who are waiting. It might not go to the back of the line but it sure seems that way.




Hmm, I wonder why “that� is? Perhaps they looked into it, saw that your case was not lost and is waiting its turn, and they know that they will get to it according to the restraints they are currently working under. Having a rep cry to them for you is not going to get you special treatment.

Yes that's what is my rep was crying for me. Give me a break!



Good God man! Have you never read on this group, from those in the know, that you “DON’T� go by the timeframe listed on the receipt notice and instead use the reports they issue to determine whether or not the case has likely been given to an officer (IBIS wrinkle) and if so, how to calculate an overdue date?

It would “generally� not be appropriate for you or anybody else to contact them about your I-130 unless it was overdue as per the reports.
Yes and that's what I was saying. Thank you. I didn't ask to have my case put in front of anyone esle's. I'm sorry but I know I sent it all the forms correctly and when I am asked for a form that I sent in which makes me have to wait an extra 3 months yes I think I have a right to cry to my rep as you put it. So when my rep gets my I130 to an officer's desk I am happy about that and if someone esle might benefit from my story so be it. There's no need to jump down my throat. Yes I understood everything I read and I was trying to help the others by passing on what was currently going on with my case.
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Old Jan 2nd 2004, 2:39 pm
  #24  
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Default Re: RFE at MSC

Originally posted by Hypertweeky
Hey there Mathew:

With all my respects, I think you were way out of the line with your comments.. He needs support not you lecturing him .
Hang in there Tmushen.. We are all pulling for you!!!
When are you flying out to Turkey??
Thanks Hyper I just answered point for point. I was only trying to help by passing on my current situation to the others. I stopped crying as Matt put it a few weeks ago. I am going to wait another 4 weeks to see if we get an approval and then I will go to Turkey. My wife gets heart broken when I visit and leave so I hope this will be my last trip to turkey.
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Old Jan 2nd 2004, 2:49 pm
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Default Re: RFE at MSC

Originally posted by Matthew Udall
He's spreading inaccurate information, even after an attorney (I believe) spent around an hour of his time (for free) giving him specific information about his concerns. It appears that this attorney’s time was "completely" wasted.
See Matt that's not true as we spoke for 10 minutes and I listened and understood everything you said and if you read my last few posts I wasn't passing on misinformation. Give me a break. I was passing on my current situation how I believe my rep is helping me and it might help the others if they went to their rep.

I was never spreading any information I was just writing how it seems in my shoes. MSC is quickly approaching processing cases with dates the same as the people here who got RFE's. So in my humble opinion I don't see that as being right unless the case has a specific reason to be held back. I can't see that being the case for everyone so I think me and the others could at least be upset about that if that's okay.

I actually got past the point of being upset a few weeks ago and all I was doing was posting my current situation for the other people with RFE's because there are others like me who are interested to see if anything changed with their current cases.
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Old Jan 2nd 2004, 2:53 pm
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Default Re: RFE at MSC

Originally posted by lpdiver
Tweeky...Mushen has been told, and told, and told. I have tried myself. He is obviously hurting and pissed off. I know because I have been there. He is spouting emotional garbage and someone else may believe it. Matt simply took the time that i didn't to "explain" the facts to him again!!!
lp I wasn't saying anything except I think my rep is helping me. Give me break as well and I don't sit here and dwell on the situation as you put it. I keep myself quite busy. Thank you. Sorry my emotional garbage bothers you.

Thanks again for not taking the time like Matt to explain the facts to me again!!! I appreciate that!!!
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Old Jan 2nd 2004, 2:54 pm
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Default Re: RFE at MSC

Originally posted by tmushen
I was just trying to make a point that they are approcahing or have past the few people here that have received RFE's in approving new cases.
And I’m just trying to make the point that you cannot compare the timeline for cases that did not receive an RFE (the ones they are now “approaching� for initial processing) and cases that did get an RFE.

They are in two different postures or procedural “tracks� if that makes more sense. It is like trying to compare an apple and a nascar (would have said an orange, but that is too close of a comparison for this particular discussion).

Please don’t go around whipping up the other NBC RFE’ers into a frenzy, getting them to waste their reps and the NBC’s time with answering inquiries when there is no comparison between an RFE’D case and one awaiting initial processing.

But other than that, good luck.
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Old Jan 2nd 2004, 2:58 pm
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Default Re: RFE at MSC

Originally posted by lpdiver
It WAS all said in a nicer way in other threads. But Mushen can't let go and neither can I about my problems but I don't post (I hope anyhow) ranting misleading information after being told the facts.
Yes lp your right I was posting misinformation. I guess you missed the whole part where I say I think my rep was responsible for getting my I130 to an officer's desk and that I think it could be helpful to ask you rep to find out what is going on. Remember Michele didn't find out there was a problem with her case until she went to her rep and then a few short weeks later her case is out of the fraud department and approved.

And Yes I really believe filing a new petition is the way to go. Give me a break!
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Old Jan 2nd 2004, 3:03 pm
  #29  
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Default Re: RFE at MSC

Originally posted by Matthew Udall
I did. I seem to recall spending "hours" writing replies to him a week or so ago where we went over all of this. And again, I believe a good hearted attorney even volunteered his time to go over it "again", this time in even more detail during a telephone conversation (can you imagine trying to type out what you could tell someone over an hour long phone call).

Apparently that was time completely wasted.
Again I remember probably every single word you said to me about how the file probably is still sitting on the shelf because it has no priority right now. Your point was understood and my point of the whole post was to let the others know maybe they should ask their rep to inquire what's going on.

1. If enough people inquire about their RFE cases maybe the cases do become priority.

2. Maybe there rep will focus in on the I130 like mine did and tell me to stop worrying about the I129F because if the I130 gets approved there is no need to worry about the I129F

3. Maybe like Michelle their cases are being held up by mistake. An inquiry can't hurt and for most of the people who have been waiting 150 days I think again they are entitled to cry to their reps.

Last edited by tmushen; Jan 2nd 2004 at 3:19 pm.
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Old Jan 2nd 2004, 3:08 pm
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Default Re: RFE at MSC

Originally posted by Matthew Udall
New approvals (for cases that did not get an RFE) and approvals of RFE’D cases won’t seem to make sense in a chronological order type of way, as they are procedurally in two different postures or two different “tracks� if that makes more sense.

For that same reason, those with RFE’s can no longer use the service center reports to determine if a case is overdue as those reports indicate cases that are awaiting "initial processing". A case that gets an RFE "has" received initial processing.

An officer determines if an RFE is necessary, and the case does not make it to an officer until the last stages (all the more reason to document those cases well at the outset).

I know how the cases move through the system in order to be given to an officer, and I also know what goes on in the RFE procedure. They are simply not the same thing, and is why I take issue with characterizations saying an RFE case waiting for approval is the same as a new submission waiting for approval. It’s not the same.

There are many reasons why the MSC/NBC might be diverting staff away from the I-129f cases (including the RFE'D I-129f cases), and when I see someone saying a bunch of RFE cases are experiencing the exact same thing, that leads me to believe they have simply diverted staff away from the I-129f instead of his particular case falling through the cracks.

If his case is just waiting its turn for staff to be diverted back to I-129f’s, calling a rep won’t change that nor is it going to help by encouraging others to have their reps wasting the Service Centers time.

Now if his case “fell through the cracks� (a phrase coined by Kate last year), by all means bring in the big guns! But from what he says, he’s certainly not alone in waiting for the RFE approval. Plus he says that the NBC is apparently now ignoring e-mails from his rep, so they are obviously aware he’s waiting (I wonder if there is some poor sucker out there whose case really has fallen through the cracks and who has asked that particular rep for help, only to have that rep’s e-mail now ignored by the NBC).
I am sorry let me rephrase: They have not answered any of her emails in the past month. She only sent 2 emails for me which were never answered or returned and that was a few weeks ago. That's when she said why didn't you tell me about the I130. I assumed she knew that I had to file the I130 first and and because it wasn't due I never brought it up. This is where she helped me because I would have never asked to have my I130 looked at this early.
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