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Final action dates are current but medicals didn't happen

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  • Final action dates are current but medicals didn't happen

    I filed I-140, I-485 and I-765 when "employment based filing dates become current" couple of months ago. I got the receipt numbers for all applications. Currently all three applications are pending.
    My biometrics are completed. When I filed I-485 I didn't go for medicals, as generally medicals are valid for only 1 year only. Reading several article on this topic it made sense to not send medicals but wait for RFE.

    However now per "final action dates" I'm current and so now I can apply for green card.

    Since all my applications (I-140 and I-485) are pending and I didn't complete my medical but now "final action dates" are current.

    I'm not really sure what this means and what would be my next steps.

    Can anyone please guide me on this?

  • #2
    Hi,
    As per my knowledge, form I-693 medical exams are valid for two years. This policy was changed on November 2018. As you mentioned, There is no problem, If you have not submitted medical exam report at the time of initial I-485 filing. I would like to share USCIS policy manual on this.. I hope this will help you to understand more.

    The medical examination report may be submitted to USCIS:
    • Concurrently with the immigration benefit application; or
    • At any time after filing the immigration benefit application but prior to the adjudication of that application; if not filed concurrently with the immigration benefit application, USCIS encourages applicants to wait until USCIS requests the medical examination report before submitting it.
    Thanks

    Comment


    • #3
      Thank you for quick response. Really appreciate it.

      While I wait for RFE for medicals, can I still go ahead apply for Green Card as my PD is current per final action dates?

      Given my situation, what would be my next steps?

      Comment


      • #4
        Did you use the "Dates for Filing Chart" for your I-485? A couple of months ago you should have used the "Final Action Dates Chart", just the same as if you were going to send the I-485 today.

        Anyway, you should not send the I-693 if they don't ask for it by sending you an RFE. Your next step is to wait for RFE for the medicals.
        Nov 2018 - Package sent - EB - Texas Service Center
        Day 1 - Package received at the lockbox
        Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
        Day 112 - EAD delivered
        Day 195 - Letter for missing I-693 (RFE)
        Day 817 - RFE for I-693 (again)
        More than 120 days since USCIS received RFE

        Comment


        • #5
          Thank you.

          Out of curiosity - was outcome been different if I used "final action dates" vs "filing dates" when I filed I-485?

          Since my I-140 is pending as well. does this create any delays? what is the impact of I-140 being in pending status?

          Comment


          • #6
            Sometimes USCIS allows sending I-485 according to "filing dates" and other months they use "final action dates". If you used "filing dates" in a month where USCIS only allows "final action dates" they will deny the I-485 (if the date in "final action dates" is older than "filing dates" and your PD is not current according to "final action dates")

            To see what table should be used before filing I-485 you can visit USCIS site: https://www.uscis.gov/green-card/gre...-visa-bulletin
            that link also shows past moths, so you can check if your PD was current according to the approved chart when you sent the I-485.
            Nov 2018 - Package sent - EB - Texas Service Center
            Day 1 - Package received at the lockbox
            Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
            Day 112 - EAD delivered
            Day 195 - Letter for missing I-693 (RFE)
            Day 817 - RFE for I-693 (again)
            More than 120 days since USCIS received RFE

            Comment


            • #7
              Thank you for walking me through that scenario. Appreciate it. I'm crossing my fingers.

              Any ideas on following:
              Since my I-140 is pending as well. does this create any delays? what is the impact of I-140 being in pending status?
              is applying for premium processing on I-140 an option to fast track the decision on I-140 from USCIS?

              Comment

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