USCIS have clearly stated RFE Response Time for both receiving evidence and responding to H1B petitions after requested documents were submitted by employer to USCIS. I believe, this article will be of good help to many who are waiting to hear back about RFE (Request for More Evidence).If you are not sure what RFE means, I have an article that explains what is RFE on H1B Visa?

USCIS Announces Flexible Response Times for Notices of Intent to Deny and Requests for Evidence


On April 12, 2007, the Department of Homeland Security (DHS) transmitted the final rule Removal of the Standardized Request for Evidence Processing Timeframe to the Federal Register (FR). The rule will take effect on June 16, 2007. This rule amends DHS regulations to give U.S. Citizenship and Immigration Services (USCIS) flexibility in setting the time allowed for immigration benefit applicants and petitioners to respond to a Request for Evidence (RFE) or to a Notice of Intent to Deny (NOID). This change does not apply to asylum cases, to which a separate set of regulations apply.The amended rule makes the following key changes and clarifications:

Flexible Response Times to RFEs Permitted

Regardless of the type of evidence requested, the old regulation required USCIS to set an inflexible 12 week period for applicants or petitioners to respond to an RFE. The new regulation permits USCIS to set flexible deadlines. Deadlines will depend on the complexity of cases and types of applications or petitions filed. For example, when requesting readily available or missing initial evidence, USCIS can set a response time much shorter than 12 weeks. On the other hand, USCIS can provide the full 12 week response period for more difficult to obtain evidence.

No Extensions to Submit Responses to RFEs or NOIDs

Regardless of the evidence requested, USCIS has never allowed extensions beyond the maximum 12 week deadline for RFEs and the 30 day deadline for NOIDs. That bar does not change, even though the new rule allows USCIS to set deadlines shorter than those maximums. For example, under the new regulation, USCIS may issue an RFE that gives an applicant 30 days to submit a photo. USCIS will not grant an extension of that 30 day period. Failure to timely respond to the RFE may lead to denial of the application or petition.

When Evidence Submitted With The Application or Petition Does Not Show Eligibility

When initially submitted evidence does not show eligibility, the new regulation allows USCIS to deny the application or petition. As always, USCIS may request that the applicant or petitioner submit additional evidence within a specified time period or may notify the applicant or petitioner that USCIS intends to deny the application or petition. To avoid denial, USCIS urges applicants and petitioners to file complete

applications with all of the required initial evidence. The initial evidence for each application and petition type is clearly listed on the form instructions and in the regulations.

Reasons for Issuing a NOID

USCIS may issue a NOID when there is evidence of ineligibility for immigration benefits and is required to issue a NOID when there is negative evidence that the applicant or petitioner does not know about. An applicant or petitioner may respond to the NOID by submitting evidence to disprove the negative information.

If There Is No Response to an RFE or a NOID

The new regulation provides USCIS three options if it does not receive a response to an RFE or a NOID. USCIS may:

  • find that the application or petition has been abandoned and, if so, deny it;
  • deny the application or petition based on the evidence already received; or
  • deny the application or petition for both reasons.

When an Applicant or Petitioner Does Not Appear for a Required Appointment

If an applicant or petitioner fails to appear for biometrics capture, interview or any other required in-person process, USCIS may deny the application or petition as abandoned. However, USCIS may not do so if, prior to the scheduled appointment time, it receives a timely-filed change of address or request to reschedule and decides that the failure to appear is excusable. In such cases, USCIS will reschedule the appointment. USCIS reminds applicants and petitioners that they are required to file an AR-11 change of address form within ten days of their move.

If you are not clear on above RFE Response time response, write a comment to this article. I will try to explain my take on this. In next article, I will explain what happens after RFE is submitted and possible actions USCIS could take after more RFE documents are submitted. Stay Tuned. More useful stuff on the way.

Again, information in the article is original content from USCIS website, and I have listed the source of the article. If you are not clear and need more information, it’s good idea to consult an immigration attorney.

  • Priya

    Hi,
    I have submitted my RFE documents on 24th september and those documents are approved on 16th October. However, I am not sure of what is the next step. Is the Visa interview the next step? Please clarify..

  • Raj

    Hello

    i got RFE in my H1 application that how did you enter in IT from accounting/business i have done undergraduation in accounting please help me answer that what document should i provide to prove that i have done something in IT before

  • Human

    Hi,

    I had applied to H1B in 2008 and selected in first stage through Lottery.There was RFE (not sure exactly what).I got bsy with work and thought that I lost it.But now I want to get back to US,I checked latest in USCIS website,it says application is in acceptance stage.Couldn’t reach the employer.

    My question is,can we revive this petition if he employer is ready to answer the REF now?

    Appreciate your responce.

    Thanks

  • raman

    Hi,
    I got an RFE on 24th January,i submitted the documents and then on 11th april,USCIS finally got the documents which was requested by them.
    Can any one tell me that how much time does USCIS takes for approving the case.

  • satyanarayan

    hi ,
    My H1 visa status is with RFE since Oct, 04,2011 . What is the deadline for them to inform whether it is aproved or not .

    Thanks,
    CS

    • Srikanth

      Hi, is ur petition approved ? My rfe is submitted on may2nd in california center. Have not receieved any updates from USCIS. any idea how long will it take generally ?

  • Arun

    Hi,

    My visa status went to FRE staus on Feb 19th we have responded to the RFE with the required docs on MArch 24th .But as of date i didn’t get any updates from USCIS. what would be the probable response time after replying back to the RFE. In USCIS site it is mentioned that they will reply back in 60 days, but it was not happened in my case.
    Please let me know how long USCIS will take to respond to this case.

    Regards, Arun

    • Srikanth

      Hi, U got any updates on your petition ? My rfe is submitted on may2nd in california center. Have not receieved any updates from USCIS. any idea how long will it take generally ?

  • Amit

    Hi,

    USCIS issued RFE for my H1B petition on 5th Nov and my employer has not received the RFE query till 25th Nov. i am little worried about the same as its taking too much tim. can anyone tell me what is the response time for H1B RFE in CSC now a days?

  • raj

    how long does it take for uscis to answer(generally) after we have submitted the RFE?

  • stormarrob

    mpzeumoyjpghxvbuwell, hi admin adn people nice forum indeed. how’s life? hope it’s introduce branch ;)

  • lakshmi

    This year i got thorough the lottery system. Got the receipt number from the employer…. frm tht day started tracking. Finally got Rfe. when called the employer they told its about education evaluation.After that sooooo many times called the employer he is not picking the phone. Finally came to know now the employer closed the company .My status still showing RFE send. Can i do something if i approach a attorney.

  • http://uscis.gov vinod

    Hello My consultant submitted my RFE on June 9 but still my case status is that "response to request for evidence for evidence received ur case is resumed"

    from past 3 months the status is same.

    can any one tell me what actually is going on ?

    vinod

    • http://www.google.com Manju

      They should reply in 60 days, if they haven’t replies you lawyer can send a query about your status, and they will answer to the query.

  • deepak Sharma

    I have given H1-b interview and consultant has taken all my docuements except passport and I797.He had given me a Green form with no check box checked and written a comment "Wait to hear from us".I was having full evidence and paper.I ask the consultant then he said we will get back to you and contact you on your mobile.

    What does that mean .. did my application get rejected or still there is some hope. Please help