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Medical exams and related issues All issues related to medical exams for 485 filing.

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  #1  
Old 07-21-2009, 07:01 PM
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Default 2 medical RFE's for me and wife

We applied for 485 back in July 07 and now USCIS sent 2 RFEs stating they don't have our medical forms I-693 and we have 30 days to reply.

1. Has anyone faced a similar situation?

2. I had created a service request and it was in response to that that they sent out the RFEs.My priority dates are current and so is my 485 processing date.
Once I sent them the response, is there a possibility that they could come back with more RFE's on a different aspect of the case? Or could this be the last RFE?

3. When we reply to the RFEs (mine and wife's), should I send them in the same FEDEX envelope or separate envelopes since they arrived separately? Both the cases were assigned to the same officer.

4. I plan to use the Fedex 2 day service to send them. Besides getting the tracking number, is there anything else I should be doing or checking for?

Thanks.
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  #2  
Old 07-21-2009, 11:59 PM
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Default Me too

My wife got an RFE last week too saying that they do not have the Medicals. Quite obviously we had done the medicals and sent it during the July 2007 fiasco. At first I thought her lawyer may have screwed up, but seems like many people are getting RFEs for medical even though they had sent them in.
Looks like USCIS in their hurry to meet their numbers prior to some deadline wants to atleast send out RFEs so that they can officially claim that the cases are on hold pending eveidence from the applicant. Sounds like we all have to suck it up and do the medicals again.
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  #3  
Old 07-22-2009, 12:37 AM
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Post we got a RFE & Denial based on Medical

We got RFE recently for medical - for immunization records ... replied the same on time and the doc mentioned that he can't administered certain vaccine as my wife is nursing our new born ... now recently we got a denial on her I-485 application ... which was strange ... my dates are not current and no way near to EB2-I dates ...

Anyway, my lawyer is preparing the MTR and it seems we will end up spending few more hundreds of $ on this never ending journey for GC ...

I did post the same a while back but never saw any response ... seems this case of denial for my wife is one of case and not a pattern ...
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  #4  
Old 07-25-2009, 12:32 AM
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Default

Yes, this whole process is sickening! I was under the understanding that when USCIS gets our application (during the July 07 fiasco), they can accept/ reject the packet if any document is missing..they should have done it then if something was missing..why sent an RFE 2 years later!
Anyway, now we are doing the expensive medical exam again. For those of us that had +PPD and needed a chest x-ray then, it would be advisable to get an updated chest x-ray again to be included in the new packet, make sure they don't stick you with another Tuberculin skin test...that is not needed at all. Also, MMR vaccination requirements now require 2 vaccinations...for those that had this vaccine back in 07 for the first time, you would need a 2nd vaccine now.....all in all..a lot more work and hopefully this time, they'll do something about our case instead of keeping us hanging!
Sorry to hear about the 485 rejection...sounds like the uscis officer was pretty stupid for doing that! Though the MTR can be a long process ( took us almost 1 year to get our I-140 MTR to come through), the outcome was positive ..so hang in there....
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  #5  
Old 07-25-2009, 03:03 AM
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As frustrating as it may be to re-do the medical exams again, which I had to do as well, I believe the reason USCIS asks for another exam is because the medical exam expires after 12 months. Medical exams are only good for 12 months and whenever the AOS processing takes longer than 12 months, there is a very good probability that you will be asked to re-do it again. That's just the fact.
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  #6  
Old 07-25-2009, 11:18 PM
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Default I got Medical RFE too

CantLeaveAmerica,

I too got the medical RFE indicating they do NOT find my medical papers. My lawyer asked me to get a new medical done, which I did.

I also had a history of positive PPD and did NOT have documentation from previous tests. The new medical form needs the size of the induration after the PPD testing. As I was un-successful to get the test results from 1998 from NY hospital, I had to get the PPD done again and sure enough - the reaction was worse this time.

Also, as the medical requirements have changed - the civil surgeon asked me to go to public health department (Even with my chest X Ray clear) as CDC recommends treatment for TB if the subject has positive PPD (which is surprising - there are thousands of us from countries where BCG vaccinnes were given and the PPD is positive because of that). Also, the civil surgeon wanted to fill Part 3 and 4 of the medical form - which really should NOT be filled if we are NOT having Active TB.

Go through this link :- USCIS - Questions & Answers:<br>Changes to the Tuberculosis and Vaccination Requirements Required for Adjustment of Status

Quote:
In what instances must the referral section in Part 3 be completed?

Only complete Part 3, Referral to Health Department or Other Doctor / Facility, if the referral was required, such as when a Class A condition is suspected and needs further evaluation. Do not complete Part 3 if the referral was merely recommended by the CDC. Instead notate the (recommended but not required) referral in the Remarks box under that particular disease or disorder. This will help alleviate the possibility of USCIS rejecting the Form I-693 due to an erroneous assumption that a follow-up evaluation was needed before completion of the form.
I had a hard time convincing the civil surgeon even after showing him the above information. He finally signed the medical papers and gave it to me but gave me a hard time.

Good luck and let us know if you need any information.
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  #7  
Old 07-26-2009, 02:16 PM
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Default

Quote:
Originally Posted by GCard_Dream View Post
As frustrating as it may be to re-do the medical exams again, which I had to do as well, I believe the reason USCIS asks for another exam is because the medical exam expires after 12 months. Medical exams are only good for 12 months and whenever the AOS processing takes longer than 12 months, there is a very good probability that you will be asked to re-do it again. That's just the fact.
There is a difference between getting a test done as test results have an expiration date vs. mentioning that the results were never received in the first place. I personally was with the lawyer's assistant when she put the packet together to be fedexed to USCIS...the tracking number confirmed receipt of the same packet...how then can USCIS say they never received it in the first place?...my 2 cents on it..they lost it and dont have the b_lls to admit it. Kind of makes them look like idiots that they could not come up with a better excuse....a simple line like " Please redo medicals because results have expired" would have sufficed!
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  #8  
Old 07-26-2009, 02:45 PM
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Default

Quote:
Originally Posted by EB3June03 View Post
CantLeaveAmerica,

I too got the medical RFE indicating they do NOT find my medical papers. My lawyer asked me to get a new medical done, which I did.

I also had a history of positive PPD and did NOT have documentation from previous tests. The new medical form needs the size of the induration after the PPD testing. As I was un-successful to get the test results from 1998 from NY hospital, I had to get the PPD done again and sure enough - the reaction was worse this time.

Also, as the medical requirements have changed - the civil surgeon asked me to go to public health department (Even with my chest X Ray clear) as CDC recommends treatment for TB if the subject has positive PPD (which is surprising - there are thousands of us from countries where BCG vaccinnes were given and the PPD is positive because of that). Also, the civil surgeon wanted to fill Part 3 and 4 of the medical form - which really should NOT be filled if we are NOT having Active TB.

Go through this link :- USCIS - Questions & Answers:<br>Changes to the Tuberculosis and Vaccination Requirements Required for Adjustment of Status



I had a hard time convincing the civil surgeon even after showing him the above information. He finally signed the medical papers and gave it to me but gave me a hard time.

Good luck and let us know if you need any information.
Thanks for the link EB3June03. I will take a print out of this document when I visit the civil surgeon and watch out for the section 3 mentioned in the document too.
I was accidentally administered the TST by his nurse (she must have been in lala land when she gave it to me) though the front desk instructed her NOT to give it to me coz I had a 31mm positive ppd in the past back in 07. Interestingly, this time, my PPD induration width was only 10mm. Back in 07, my chest x-ray was clear and the county health department administered another x-ray along with a quantiferon blood test as per cdc guidelines, and since the results were clear, they said I DID NOT require to undergo the 9 month Izoniazid treatment regimen!
But now that I am resubmitting my documents, the USCIS states on their website that quantiferon is not acceptable to them (based on their May 08 update) if that was done as a substitute to the TST test ...which was not my case...I had both done, first the TST, then the second x-ray along with the quantiferon test. I brought this to the attention of the health department and they showed me the latest cdc guidelines which states that what they were doing currently was the correct way to go...guess USCIS then has to play catch-up with the latest CDC guidelines..so much for that!
But then, who am I to argue with USCIS...just f***in' not worth it...some dumbo may look at my case and reject it for the heck of it and then I would have to go through the pain of my second MTR and wait indefinitely to get that resolved. (My first MTR was for my I-140 which got approved after more than a year).
So what I am doing now is I'm getting a letter from the county TB chief stating that what they did for me is more than enough and was per CDC guidelines and to revert to them if the dumbo has any questions.. having that on their letterhead will hopefully have more weightage...will let you know who would be the last man standing if I reach the 12th round..me or USCIS...lol
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  #9  
Old 09-23-2009, 07:14 PM
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Default Got medical RFE's Today

just like you folks. We definitely send Medicals in july.

My case is same like yours. My wife is 8 months pregnant and we would have to waive few vaccinations for her. I just hope it doesn't result in denial of her application. During this tough times it is tough to shell out $$ every now and then.

Quote:
Originally Posted by sammyb View Post
We got RFE recently for medical - for immunization records ... replied the same on time and the doc mentioned that he can't administered certain vaccine as my wife is nursing our new born ... now recently we got a denial on her I-485 application ... which was strange ... my dates are not current and no way near to EB2-I dates ...

Anyway, my lawyer is preparing the MTR and it seems we will end up spending few more hundreds of $ on this never ending journey for GC ...

I did post the same a while back but never saw any response ... seems this case of denial for my wife is one of case and not a pattern ...
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  #10  
Old 02-03-2010, 03:19 PM
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Default Got Denial

Ok.. So today I got a mail with my wife's 485 Denied based on the fact that she didnt take TST test during her pregnancy.

We are Screwed!!!
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  #11  
Old 02-03-2010, 03:23 PM
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Default hi

I just noticed i have 2 soft LUDs on my case in December,2009.Does this mean anything?
My PD is not current but yes ,I am a July 2 filer.

Thx
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  #12  
Old 02-03-2010, 03:36 PM
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Default

did the statuses of your 485s for either of you guys indicate anything other than Pending?

Just get ur attorney to file MTRs and u shud be fine.
I know its unwanted tension and expenses. But file the MTR and relax.
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  #13  
Old 02-03-2010, 04:09 PM
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Default Quick Question

My Wife's online status said Documents Mailed as if she got Green Card.

I knew it would be related to Medicals since we never completed her TST test.

But I didn't knew it would end up in Denial.

Do we have to give them a reason to open the case using MTR? Since it was a personal Decision to not perform TST during pregnancy and medically they all say it is safe for pregnant and nursing women.

I think we are in a tough spot.

DReam2DUst
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  #14  
Old 02-03-2010, 04:43 PM
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Dont worry dude.

First thigns first - pick up the fone and get hold of your attorney.
If you dont have much confidence in your attorney, get hold of a better one like Murthy, etc. and work on filing your MTR.

Quick question.

You got the medical RFE back in Sep 2009 right?

So when were your medical tests done? July 2007 or late 2009?

Unless your wife was pregnant both during the initial filing of the 485 in 2007 and also during the RFE response in late 2009, there should have been a way for her to take that test, right?
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  #15  
Old 02-03-2010, 06:14 PM
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USDream2Dust will become famous soon enough
Question First was lost

According to uscis the first medical was never received. So in late 2009 when we got rfe she was pregnant.

Our lawyer said he would file for mtr.

I hope it works out as both of us are on ead as my case is very strong eb2 and bad economy combined we let our h1bs expired.

My case seems to be ok but my wife is the one I am worried. With our newborn I am worried if we have to be separated due to this uscis mess.

Dream2dust
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