RFE – Is it common these days?

Request for Evidence (RFE) is issued by the USCIS requesting the applicant or the petitioner to provide additional evidences to support the case filed.

Since past few years, USCIS have been scrutinizing the H-1B cases with more attention for those with the Employer-Vendor-Client (Consulting) relation. RFE is more commonly faced for petitions of that kind.

What does the USCIS do when they couldn’t make a decision on a case with the evidence provided?

  • USCIS internally performs additional research
  • Request for additional documentation from the petitioner or the applicant
  • Set up an interview with the petitioner, applicant or the beneficiary
  • Perform further investigation of the case

In regard to the H-1B petitions, avoiding Request for evidence needs proper and necessary documents to be submitted with all the evidences required to the USCIS in order to process your case. This would unnecessarily take additional time for the USCIS to make a decision on your case. For all the employment-based petitions filed to the USCIS, the RFE’s are requested from the petitioner company or the attorney who filed the petition.

What evidences in general does USCIS request?

  • Proof that the petitioner has the ability to pay the beneficiary
  • Information regarding current or past stay in the U.S.
  • Previous work experience
  • Evidences related to educational qualifications and other evaluations
  • Documents proving the claims made in the petition on exceptional ability of the beneficiary.

How long does the USCIS take to respond to a RFE?

USCIS could respond on a RFE case between 3 weeks to 12 weeks about the decision made on your case.

What do I do when I receive an RFE?

  • It is necessary that the RFE is thoroughly read by the petitioner as well as the beneficiary and determine the required documents to be submitted to the USCIS in order to provide evidences in regard to your case.
  •  In case of H1-B petitions, the petitioner company or the attorney receives the RFE and they need to respond back to the USCIS with necessary evidences.

Tips from H1BWiki

  • If RFE is requested for your case, make sure all the necessary evidences in support to your case are provided together to the USCIS.
  • Do not provide partial documentation which might create unnecessary concerns.
  • Consider consulting with an immigration attorney.
  • Try to avoid RFE. Review your case initially before filing the petition and make sure you have all the necessary evidences for the adjudication officer at the USCIS to make a decision.
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  • Umashankar Adha

    I have receive fro RAF and then Request for Evidence Response Review. Now my visa is being stuck since more then 90 days, but yet there is not decision. My H1B visa extension is already gone, mean my H1B extension was till Sept 2011 but as my visa was under USCIS Post Decision Activity and then Request for Evidence Response Review, so I was unable to file new extension. What should I do now, can you please suggest me, what should I do now ???

    • H1BWIKI

      @Umashankar Adha
      Looks like your case is complicated. I would suggest you wait until a decision is made on your case. Did you try filing for premium processing?

  • Anupam Sharma

    For H1B transfer while in US, my I797 is already approved but I have to go for stamping in India before return to US.. Can there be RFE during visa stamping also? They have very less time to go through all documents/client letters during H1B visa Interview, and sometimes, do not even check any documents. So what are possible modes of outcome in stamping interview when i797 is approved?

  • rockj249

    Hello,

    Currently I work for Company A.

    I have a situation where my H1B transferring with Company B
    is applied with premium Process and got a RFE status now.

    Request for Evidence

    On July 14, 2014, we
    mailed a notice requesting additional evidence or information in this case I129
    PETITION FOR A NONIMMIGRANT WORKER. 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.

    I am not getting proper response from company B to reply for
    RFE case, I have contacted HR many times thru mails and phone not getting
    proper response from them, since client
    is not willing to give client invitation letter also they have less period of time
    SOW signed with end client, that’s being said in that situation, also I am
    getting another good offer with company X they have valid client letter to file
    my H1, my question is, is it possible to transfer my H1-B visa to new company X
    during my RFE status pending with Company B?

    I have valid I94 and Visa from my old employer (Company A)
    which is valid until Sep 2015.

    Appreciate your help.