RFE – Is it common these days?

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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?

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