USCIS RFE Response Review Processing Time: 70+ days

USCIS RFE Processing time is 70+ days in 2019 - regular. Premium RFE is 15 days. 60 days to submit Response for Review. Premium Clock stops and re-starts.

Written by Am22tech
  By Am22tech      Updated  25 Aug, 19

  427    


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.


USA USCIS Processing Time
 



Recent discussion on forum

  1. 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.


  2. MRA007
    MRA007

    Thanks Anil that helps


  3. 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


  4. MRA007
    MRA007

    Thanks Anil that’s helpful


  5. Anil.Gupta
    Anil.Gupta

    Hi @Karthick1288

    RFE response time is 90+ days at this time.

    What was RFE about?


Comments are closed. Ask question on Forum (we answer in 1-24 hour)

32 more replies

  427 Useful Questions & Answers

  1. Diptikant Satpathy
    Diptikant Satpathy 14 Jan, 19 at 9:47 am

    Hi Anil, can you please tell me the response time provided to the applicant by USCIS, i.e. if Visa application has gone into RFE on Dec-01-2018, by when should the documents need to be submitted.
    Thanks,
    Diptikant


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      USCIS gives you 60 days to submit RFE response.


      • Diptikant Satpathy
        Diptikant Satpathy 9 Feb, 19 at 10:03 am

        Thanks a lot.


  2. Ka
    Ka 14 Jan, 19 at 9:47 am

    My friend got her RFE approved today. At Vermont. RFE for H1B, day 55. I am still waiting for mine. Hopefully this will come over soon…


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      Good to hear. Thanks for sharing.


  3. Chandra Prakash Gupta
    Chandra Prakash Gupta 14 Jan, 19 at 9:47 am

    My case was approved on 5th Nov 2018. But My employer said they did not get any notification. I have Receipt no. with me Can i connect to USCIS directly about my notification. As per USCIS it says 30 days but 60 days passed from there. Please advise


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      Did you check the status online on USCIS website? If it says approved, then ask your Employer to raise a service request with USCIS to ask them to resend i797A notice of approval.

      You would not be able to ask USCIS directly as it is your employer who filed the application.


      • Chandra Prakash Gupta
        Chandra Prakash Gupta 9 Feb, 19 at 10:03 am

        Problem is I asked them but looks like they are not interested. They are continuously saying it will take time. Its Indian MNC and File from India only. I am in India just want to know if time differ for India or we need to wait more. I know I can not ask but how can i challenge them with out any proof as they continuously said It will take time. Can you suggest me How can i get info ?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:13 am

          Do you have the USCIS receipt number with you?


          • Chandra Prakash Gupta
            Chandra Prakash Gupta 9 Feb, 19 at 10:43 am

            Yes I have, and can see My case was approved on 5th Nov.


            • Anil Gupta
              Anil Gupta 10 Feb, 19 at 12:28 pm

              Then, the chances are high that your employer is tricking you as the notification is normally received by attorney within 7 to 21 days.
              I have not heard of cases where it takes 60 days!

              If it has really taken this much time, your employer’s attorney would have already taken it up with USCIS to check status. They have paid money for it and they should be more concerned about it than you.


              • Chandra Prakash Gupta
                Chandra Prakash Gupta 11 Feb, 19 at 8:13 am

                So you mean I need to keep mum and wait for there response. But they clearly said they did not get any notification. As nothing is in my hand . Today I wrote a mail that if something stopping you please let me know If they replied well good if not then it means they dont want to share.


                • Anil Gupta
                  Anil Gupta 11 Feb, 19 at 1:52 pm

                  I am not saying to keep ‘mum’. I just told you the process and practical scenario.

                  It is upto you to find out how to deal with your Employer.


                  • Chandra Prakash Gupta
                    Chandra Prakash Gupta 12 Feb, 19 at 12:31 pm

                    Hello Anil, Thanks for your response. Today I come to know from Employer that after My case was approved there are some compliance in my case. What is the possible reason ? your answer really helpful.


                    • Anil Gupta
                      Anil Gupta 12 Feb, 19 at 3:52 pm

                      I have not heard of any such thing after case approval. You should ask your Employer about what kind of issue is this.

                      This sounds like another fishy trick if they don’t tell what exactly it is.


                    • Chandra Prakash Gupta
                      Chandra Prakash Gupta 12 Feb, 19 at 6:28 pm

                      Hello Anil,
                      My case was like this, My case was file with one client but Unfortunately When my case was approved I was out from that project and now I am with another project and want to travel from that project. Now they are coming with saying compliance. Did you see any case like this ?


                    • Anil Gupta
                      Anil Gupta 12 Feb, 19 at 6:28 pm

                      I cannot guess what this ‘compliance’ issue is with your Employer. I have NOT heard of any such thing which stops USCIS from sending the approval notice.

                      You have to ask your employer in detail as to what is the issue and why are they saying that they have not received the approved i797A.


                    • Chandra Prakash Gupta
                      Chandra Prakash Gupta 12 Feb, 19 at 7:41 pm

                      Dear Anil, Need help on this my company said not in written verbally that we got your petition but because of Internal compliance we keep your petition with us. Now question is can i change my job and transfer my petition to another company?


                    • Anil Gupta
                      Anil Gupta 12 Feb, 19 at 8:06 pm

                      See.. i knew your Employer was trying to trick you.
                      Anyways, do you have your case receipt number with you?

                      If yes, then there are ways to file H1B Transfer to new employer.


                    • Chandra Prakash Gupta
                      Chandra Prakash Gupta 12 Feb, 19 at 9:10 pm

                      Yes I have receipt no. with me. Please help me how can i get Petition number and transfer to other Employer ? Or please refer my name to Employer who can do that for me.


                    • Anil Gupta
                      Anil Gupta 12 Feb, 19 at 9:10 pm

                      You should contact an employer who can sponsor your H1B and then they will take care of everything else.

                      Generally, you can use USCIS FOIA request to get the copy of your H1B approval. I have given the FOIA process here:
                      https://www.am22tech.com/uscis-foia-request-for-i-140-information/


                    • Chandra Prakash Gupta
                      Chandra Prakash Gupta 6 Mar, 19 at 4:17 am

                      Thanks Anil, need your guidance to get new sponsor. As my company is not ready to give me in written but over the call they said as you Indian CTC is less you need to wait for appraisal and once your salary increased in month of april will release your petition for stamping. Any link to get new sponsor ?


                    • Anil Gupta
                      Anil Gupta 6 Mar, 19 at 9:46 am

                      I do not have any sponsor to recommend at this time. Sorry.


  4. anand satya
    anand satya 14 Jan, 19 at 9:47 am

    Hey guys,

    I applied for L1B extension and it got denied after submitting response for RFE received.
    RFE date: Oct 21st
    RFE response date: Nov20th
    RFE denied date: Jan 4th (Applied for premium processing)

    ‘On January 4, 2019, we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WACXXXX. We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by January 19, 2019, please go to http://www.uscis.gov/e-request to request a copy of the notice. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.’

    They mentioned about options. What could be the options?
    Any help would be appreciated.


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      Sorry to hear about it.
      Options would talk about your rights to appeal the decision. The chances of appeals are usually very low and would be based on why your application has been denied.


      • anand satya
        anand satya 9 Feb, 19 at 10:03 am

        Thanks for the response. Now I have to wait for H1B. Currently it is in RFE . I responded to RFE back in Oct 2018. My wife has H1B and her I140 is in process. Any idea how much time it would take to get H4 ead?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:13 am

          You can only apply for H4 EAD if you are in H4 status.
          You current status is in jeopardy as your L1 extension has been denied.

          Your options will be based on your i94 expiry date. When is your i94 expiry date?


          • anand satya
            anand satya 9 Feb, 19 at 10:43 am

            I94 expired back in August 2018. If I apply H4 now does it affect my H1B ?


            • Anil Gupta
              Anil Gupta 10 Feb, 19 at 12:28 pm

              Assuming you were currently working on L1B visa and had applied for H1B in parallel, you are currently ‘out of status’ after your L1 extension denial.

              You should leave US immediately to avoid unlawful presence.

              Get H4 to enter US or wait outside US for your H1B result.


              • anand satya
                anand satya 10 Feb, 19 at 12:28 pm

                My attorney mentioned that I can stay in US as my H1B was filed under change of status but I will not be authorized to work. I will check with attorney regarding this as well.
                If I go back and get H4 now. Would my H1B still be valid until I get an approval?


                • Anil Gupta
                  Anil Gupta 11 Feb, 19 at 8:13 am

                  Was your H1B filed before your i94 expiry? If yes, then you can stay in US as per your attorney.

                  Filing H4 will not invalidate your H1B application.
                  If you go out of US, the H1B COS will be abandoned meaning that if H1B approved later, it will be approved with consular processing.


                  • anand satya
                    anand satya 11 Feb, 19 at 1:52 pm

                    Yes, My H1B was filed before my I94 expiry.

                    ‘Filing H4 will not invalidate your H1B application.’
                    So this means I can file H4 while staying in US right?


                    • Anil Gupta
                      Anil Gupta 12 Feb, 19 at 12:31 pm

                      You should consult your attorney for filing H4 COS now while staying in USA.

                      As per my opinion, you cannot file it now based on what you have told.

                      But, you can go out and get H4 stamped in US embassy.


                    • anand satya
                      anand satya 12 Feb, 19 at 3:58 pm

                      Thanks for the answers Anil. You have been super helpful.

                      Suppose I wrote gre and get F1 visa. Can I join day 1 Cpt and start working from day 1?
                      My job might be retained for atleast 6 months and I am FTE for Amazon.
                      FYI, I don’t have any masters and I did bachelors and moved from India on L1B?


  5. Ka
    Ka 14 Jan, 19 at 9:47 am

    Hi Anil,

    I think that comparing the numbers of cases in the system above would not work for RFE. The numbers of cases were given at the beginning when they received the applications and after the lottery the order of the applications has changed. Which means that if the person with higher number was picked first, she will be first to respond with its RFE..


  6. Rick
    Rick 14 Jan, 19 at 9:47 am

    Hello Admin,

    My STEM expires in two weeks and I still have not received any update on my RFE response from USCIS. its been like 52 days today. From my knowledge I cannot work once my STEM expires, but can I still stay in USA without violating any rules. Please advice.


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      What is pending with USCIS? Is it H1B or EAD or what?
      Please elaborate on your question to help you.


      • Rick
        Rick 14 Jan, 19 at 10:05 am

        It ‘s H1b. It got picked this in 2018 only. Got RFE in August and RFE response was sent back in November. As of today its exactly 52 days. But since STEM expired in two weeks not sure what the best alternative is here in this situation going forward.


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:03 am

          If you do not have a valid status to stay in US after your STEM expires, I suggest to leave US and wait for H1B result.


          • Cal
            Cal 9 Feb, 19 at 10:12 am

            No, Rick you should not leave the states while H1B is in pending. While H1B is still in progress, you can stay in the States without violating the law. Once you leave the states, you cannot enter the states until H1B is approved. Just stay in the States and stop working until H1B is approved. Why don’t you take little break.


  7. 5u91
    5u91 14 Jan, 19 at 9:47 am

    Hi, My employer B says I can work with them even after 240 days because the H1 Transfer case is still pending with USCIS. Can I stay in USA beyond 240 days? Can I work with Employer B beyond 240 days when the case is pending?


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 9:48 am

      If it is an H1B TRANSFER, then, yes, you can work for them after 240 days too. There is no time limit applicable for pending transfer cases after i94 expiry.


      • RS86
        RS86 9 Feb, 19 at 10:03 am

        Hi Anil,
        Thanks. This is great news.
        I am in a similar situation. Applied for a H-1B transfer when I-94 was still valid. Still waiting for a decision and I was told about the 240 day limit.
        Can you point me to a link that explains the “no time limit” applicable case for pending transfer cases?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:13 am

          I don’t have any link to share at this time. Will have to find and then share.


      • 5u91
        5u91 9 Feb, 19 at 10:03 am

        Thanks! But there were lawyers from open forum who responded I should not work.. How to go about that?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:13 am

          I cannot comment on what you have read on other forums and their reliability.
          I am just answering you based on the immigration law rule for H1B transfer cases.


          • 5u91
            5u91 9 Feb, 19 at 10:19 am

            Thank you so much!


  8. Rakshak Srivastava
    Rakshak Srivastava 14 Jan, 19 at 9:47 am

    Hi Anil,

    My L1A blanket was filed in September, 2018 (interview in Chennai) and got rejected (as you would know that lot of rejection happen in Chennai). Then my employer filed L1A individual on December 6, 2018. Hence my question are following:

    Question 1 – My previous rejection on Blanket petition will effect the decision on this individual as well?
    Question 2 – What are the possibilities of getting an approval in case of Individual petitions v/s blanket? Is it higher than banket?

    Regards,
    Rakshak


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      Is there a chance of denial again from VO?
      – Yes, there is a chance of denial for L1A individual too. It depends on what you answer and how the visa officer interprets those answers.

      My previous rejection on Blanket petition will effect the decision on this individual as well?
      – Normally, the blanket rejection should not affect the L1A individual if the rejection reason has been taken care of.

      But, the Visa officer do have the information about past rejections and the rejection reason as noted by the visa officer.

      Chances of L1A individual approval vs L1A blanket approval
      – Well, each case is different and approval also varies. There are no statistics to tell if L1A approval rate is higher than blanket or not.

      You can judge based on the cases filed around your from your own organization to get an idea though.


  9. Waiting
    Waiting 14 Jan, 19 at 9:47 am

    is there any improvement in RFE response timeline?


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      No.


  10. Yis
    Yis 14 Jan, 19 at 9:47 am

    Response for RFE was received on August 14 and i still havent heard anything from them ..thats 148 days processing. Maybe they are running a spell check.. good thing i have my TN visa a backup visa.. sigh.


    • Ka
      Ka 14 Jan, 19 at 10:04 am

      California or Vermont?


      • Yis
        Yis 9 Feb, 19 at 10:02 am

        Cali


    • luke
      luke 14 Jan, 19 at 10:04 am

      my RFE was received on July 26th when my attoney raised the question them, but still pending on my status…. even not updated to RFE was received status….


      • Ka
        Ka 9 Feb, 19 at 10:02 am

        Is that in California or Vermont?


        • luke
          luke 9 Feb, 19 at 10:12 am

          Cali


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      Haha.. good sense of humor.




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