USCIS RFE Response Review Processing Time: 70+ days

Written by Anil Gupta
  By Anil Gupta - Updated on  13 May, 19
  400  

USCIS RFE response review processing time
USCIS RFE response review processing time

RFE Processing Time – 70+ days

The average RFE response processing time is 70 days in 2019. RFE premium processing time is 15 Days to virtually no time limit for regular applications.

USCIS Request for Evidence review – RFE processing times vary widely with each case individually. H1B RFE and L1 visa RFE are most common but, can be made in any visa application type.

USCIS’s official guideline is to respond to RFE within 60 days after your RFE response submission. 60-day clock starts on the day USCIS receives your RFE response. The total H1B processing time will increase if your employer takes full 60 days to respond to RFE.

How long USCIS takes to respond to RFE varies widely on case-to-case basis along with USCIS workload. USCIS can even deny an application without RFE now.

The USCIS status online will show as ‘RFE Response Review‘ or ‘Request for Evidence Response Review‘.

You can expedite the response by upgrading your application to Premium Processing.

RFE Response Time in Premium – 15 days

USCIS premium processing RFE response is 15 calendar days including weekends. The premium clock stops when USCIS issues RFE and waits till you respond.

USCIS status will be: We stopped the 15-day premium processing clock for your case. The premium timer starts again on the date USCIS receives your RFE response.

You can upgrade your regular application to premium at the time of submitting RFE response.  USCIS will refund your Premium processing fees if they take decision on your case before they receive your premium request.

Upgrade to Premium results in RFE?

Upgrading your H1B case to premium does not increase chances of RFE. Do not worry. Its a rumor. If the RFE has to be issued on your case, USCIS will issue it in regular processing as well.

Usually, people who are asking questions about RFE on forums are the ones who’s employer has not submitted complete paperwork. The direct approval without RFE cases do not get reported as much as RFE cases. Hence, you get an impression that upgrading to premium resulted in RFE. This is not true.

I always recommend going for premium to receive your result faster and get peace of mind.

You cannot upgrade your application to premium if USCIS has suspended premium processing.

Fastest and Slowest RFE review response?

Fastest RFE response is 15 days with Premium processing

Average RFE response processing time is 70 days.

Slowest RFE time has no limits. We know of people who have waited for even a year for RFE review response.

USCIS RFE again on RFE Response time

It is possible to get second RFE after RFE response submission. You should respond within 60 days to your RFE.

The USCIS resets its OWN clock to start counting 60 days (15 days in case of Premium processing) as and when you submit RFE response.

RFE Response Review Pending for More Than 6 months?

Many cases are sent to security check to FBI and other government agencies. If your case is one of them, then there is no time limit for RFE response review.

You can call USCIS and they will clearly mention the reason for delay as ‘Security check pending’.

USCIS does not honor premium processing time of 15 days in case of security clearance. There is no way to expedite this case. Your only option is to wait.





Recent discussion on forum

  1. MRA007
    MRA007

    Hi Anil Here’s my scenario

    L1B Individual visa extn filed on 30 Jan 2019 under regular category got RFE on May 10 2019 - details not yet received -
    H1B 2020 application under regular processing got picked up in lottery

    Will USCIS be opening premium option in June for H1B applications which are selected in 2020 lottery ?

    My 240 days max limit ends on Sept 28 2019 - hence looking for getting status out of the two possible categories successfully


  2. Anil.Gupta
    Anil.Gupta

    USCIS will announce H1B premium processing start date for April 2019 lottery selected applications in June 2019.

    You should be able to get H1B approval in premium before Sep 2019 end.


  3. MRA007
    MRA007

    Thanks Anil that helps


  4. marinaaj
    marinaaj

    Hi Anil,

    thank you for your help in this forum.
    I am on an L2 Visa and submitted my EAD request in February (receipt date Feb4th) at Vermont.
    In April, I received an RFE because USCIS had lost the pictures attached in my application and they requested new ones alledging missing pictures. After sending new ones (receipt date April 11th) I am still waiting on approval.

    Do you know if it will be much longer? Can I request premium processing for this? Do you think contacting the Ombudsman will make a difference?

    I am very desperate and I have a job offer pending. I requested an expedite at the end of March as I had high hopes based on forum success stories but it was denied.

    I reached to my Congresswoman but they said Vermont expedites are rare if the cause is not death related (if it helps anyone).

    I really don´t know what else to do and the company is waiting for me but I don´t know how much longer…
    Thanks!

    Marina


  5. marinaaj
    marinaaj

    Thank you for your quick reply.

    Based on your experience, do you think the wait will be much longer? There are not many RFE forum posts about pictures but most of them are resolved within a few weeks so I feel like mine is already taking longer than normal… do you think it will be sorted out soon?

    Thanks again,

    Marina


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5 more replies

  400 Useful Questions & Answers

  1. Sudip Ghosh
    Sudip Ghosh 13 May, 19 at 2:47 pm

    Hello There,

    I had received an RFE on my L1-B individual extension petition(regular, non premium) along with L2, and responded on the same which was received by USCIS on April 25th 2019. When I check the latest status, for L2, it says is been approved on 6th May, 2019, but for L1 it says, Response to Request for Evidence was received on 25th April. Is this normal? How long could it take from here for having an update on my L1 petition too? What are the Odds of having L1 approved, since L2 they seem to have approved already?


    • Anil Gupta
      Anil Gupta 13 May, 19 at 4:34 pm

      The chances are very high that your L1 is also approved given that L2 has been approved. The L1 approval should be on the way.


      • Sudip Ghosh
        Sudip Ghosh 13 May, 19 at 8:10 pm

        Well, its been more than a week now, so getting anxious as I do not see any update on my L1.


  2. sam
    sam 3 May, 19 at 9:51 pm

    I am working for company A and current i94 is expired. company A has files extension petition and got RFE.
    Now I want to switch to company B and company B is filing H1B transfer.

    1. Should I join company B on receipt?
    2. Is it possible to get RFE for Company B petition?
    3. If Company B petition gets rejected. I will not have valid petition. Can I stay for grace period?


  3. sam
    sam 3 May, 19 at 5:57 pm

    What is current H1B transfer premium response time? anyone recently received response from California center?


    • Anil Gupta
      Anil Gupta 3 May, 19 at 5:57 pm

      1 to 15 days.




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