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.
I have received a RFE after this year’s lottery and provided the following document :
1. SOW
2. MSA
3. Invoice Orders
4. End Client Letter
5. BRM Letter
6. Recent Promotion Letter
7. Recent Compensation Letter
8. Last 3 Pay Slips
9. Offer letter
10.Joining Letter
11. Direct Supervisor Details
12. Organisational Structure.
What are the chances of clearing my RFE and by when can I expect an update on this ?
Can anybody please provide an overview on this.
Thank u in advance.
Hope your case Approved, you submitted all docs I believe
I had applied for f1 and status is still pending. Status shows “Case Received”. I applied for h1b and my name got picked in lottery this year. As f1 is pending , so hope it will not effect h1b. As decision is not taken by USCIS on f1.
I submitted the documents for my H1B extension by 25th October 2015. I got the case upgraded to premium processing on 12th January 2016. I got a notice that USCIS has RFE on my case on 21st January 2016. In the meanwhile my client has also changed. Now I am not sure about whether i should give old client details in the response to RFE or new one. I have to start working for new client starting 1st Feb 2016 and amendment is also to be filed. Can i request for amendment along with my response to the RFE?
I got the case upgraded to premium and got the a notice in regard to RFE. Once responded back to RFE, please confirm will USCIS make decision soon or will treat case as regular,
Hello Experts,
I receive a RFE request for my H1B petition and not yet recived any approval/rejection response from USICS.
I have submitted documents as per RFE, It has been almost 2.5 months and I am really worried now. Is there any rejection happens in RFE case? or will it be again RFE if they need more information.
Hello Experts,
I recieved RFE on July 16th 2015. My Employer Responded to RFE and the same was updated that they recieved the RFE on July 6th with the below message in the USCIS site.
“Response To USCIS’ Request For Evidence Was Received
On July 16, 2015, we received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number ***********. Our Vermont Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.”
Its going to be 90 Days in another 3 days. Can any one help what would be the problem for getting this apparoved or for how many days should I wait.
Hi
can you tell us when did ur petition approved? Is it your first petition?
Hello Experts,
I received RFE on newly filed H-1B Visa for employee eployer relationship. Our project is going to end in Nov15 and have no clue if client provides letter to me.
1) What can be done in this case to respond RFE?
2) Is client letter is mandatory?
3) Can I provide the all the details of new client?
Your response is highly appreciated.
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.
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?
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 ???
@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?