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. anand satya
    anand satya 9 Feb, 19 at 10:01 am

    Hey Anil,

    I was checking my case status in this website. I created an account and added my case.

    https://myaccount.uscis.dhs.gov/

    On January 19, 2019, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WACXXX. We will mail your approval notice. Please follow the instructions in the notice. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.

    But when I verify here

    https://egov.uscis.gov/casestatus/mycasestatus.do

    It still says
    On October 12, 2018, we received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WACXXX. Our California 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.

    Can we trust the first status?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      Yes, you can trust the first status.
      Congratulations on approval.

      We are seeing issues with USCIS website with status updates recently and many people have reported this mismatch between DHS and USCIS site.


      • anand satya
        anand satya 9 Feb, 19 at 10:11 am

        Thanks so much Anil.
        You are awesome and super helpful for me.
        All the information you shared is the most accurate (Infact better than my attorney 🙂 )

        Usually how many days does USCIS take to mail the physical notice after it is approved?
        Do they send I-797 form along with the physical notice?

        Actually my L1B extension has been denied. I applied H1B on Change of Status
        On
        Jan 5th – L1B extension has been denied.
        Jan 14th – I went to India
        Jan 18th – Attended H4 Visa interview
        Jan 19th – Status shows H1B is approved
        Jan 22nd – Received My H4 Visa.
        Jan 24th – Came back to US in H4 status.

        Would it be considered as Change of Status or Consular processing?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:42 am

          Thanks for the kind words.
          You can expect the notice in 7 to 21 days and yes it will have the approved i797 form.

          Looks like you are in for trouble again as you entered US with H4 status and your H1B COS approved just before your entry!

          Now, you will need to file H4 to H1B Change of status and it’s taking infinite amount of time at California!!

          The letter from USCIS will have i94 attached to it ( may not be there too as you abandoned COS by exiting US) and will have more information about your status.

          If you want H1B status faster, you will have to exit US, get H1B stamp and then enter again.

          Talk to your attorney as he knows more details about your case and will have access to approved H1B letter.


          • anand satya
            anand satya 9 Feb, 19 at 2:10 pm

            I am actually prepared to go out of the country.
            If I94 is attached to the approval notice. Do I have to get stamping done?
            (If I94 is attached it would most probably be the old I94 and will not be valid right ?)
            If I94 is not attached then for sure I have to go for stamping right?


            • Anil Gupta
              Anil Gupta 10 Feb, 19 at 12:26 pm

              Yes, that’s correct. The last action prevails which in your case would most probably be your H4 i94.


              • anand satya
                anand satya 10 Feb, 19 at 12:26 pm

                Great thanks for the information.

                I can apply the visa from Canada as well right?


                • Anil Gupta
                  Anil Gupta 11 Feb, 19 at 8:15 am

                  Yes, you can go to Canada for stamping.


                  • anand satya
                    anand satya 11 Feb, 19 at 1:56 pm

                    Thanks Anil,

                    Can we reach out to USCIS after 21 days if we don’t receive the physical notice?

                    What should we do if we don’t receive by that time ?


                    • Anil Gupta
                      Anil Gupta 12 Feb, 19 at 12:29 pm

                      Don’t worry, your attorney will get it within 31 days. It’s everyday thing for USCIS and attorneys.

                      If not received, your attorney can contact USCIS to know the status.


  2. vijay balaji
    vijay balaji 5 Feb, 19 at 2:36 pm

    Hi,
    I had responded back to my H1B RFE application and it was acknowledged by Uscis on Oct 5th 2018. Usics responded My date of Birth updated on Dec 6th 2018 and still I didn’t receive any reply from them(02 Feb 2018). Its a new H1b filing from India, what are chances for approval and when will I receive next update ?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:41 am

      There is no guarantee of timing.
      You are eligible for premium processing at this time and I strongly recommend to upgrade and get result within 15 days.
      Its better than waiting infinitely.


      • vijay balaji
        vijay balaji 9 Feb, 19 at 2:09 pm

        I can request my employer to upgrade my application to premium but the chances are very lean. If I see any changes in my application, I will update you. Thanks for your guidance.


  3. luke
    luke 5 Feb, 19 at 2:36 pm

    Hi Anil,

    my h1b transfer got RFE on May, and attonery responed on end of July.

    My case status is still : Request for Additional Evidence Was Mailed.

    And my attonery sent case inquiry on Nov, and they replied saying respone had been received on July 27th

    Which has been 187 days at the moment writing this…

    What can I do at this moment? is waiting for premium later Feb my only choice ?

    And I have an offer from another company since Aug, so they have been waiting for me….

    Help….


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      Which service center is it? You can raise the service request if your case ‘receipt date’ has passed the ‘Raise SR’ date.


      • luke
        luke 9 Feb, 19 at 10:11 am

        It’s cali center.
        receipt date, you meant original or RFE receipt date ?
        Original receipt date is long back to Jan 16th 2018….
        RFE data is May 3rd, and response received by them at July 27th?
        and also ” raise SR” same meaning as submit a case inquiry ?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:41 am

          Raise SR date should be compared with your original receipt date i.e. Jan 16.
          Yes, you are eligible to raise service request now. Ask your employer to do it.


          • luke
            luke 9 Feb, 19 at 2:10 pm

            I think they did back to begging of Nov,
            and they replied saying:

            Our records show that your request for evidence response (RFE) was received on 07/27/2018. Your I-129 is currently on hold, pending final adjudication.
            Due to our current workload priorities and case backlog, we regret that we are unable to provide you with a specific completion date at this time. We are committed to processing your case as quickly as possible. We apologize for the delay.

            Is that okie to do it again?


            • Anil Gupta
              Anil Gupta 10 Feb, 19 at 12:25 pm

              The ‘Raise SR’ date in November may have not passed your receipt date. But, now it has and you are eligible for raising an SR. Your choice if you want to keep waiting or raise SR.


              • luke
                luke 11 Feb, 19 at 8:11 am

                okie thank you so much!

                Will it be risky do it again or doesnt matter ?


                • Anil Gupta
                  Anil Gupta 11 Feb, 19 at 1:49 pm

                  I don’t know what kind of risk you are foreseeing.


  4. Yuvaraj
    Yuvaraj 5 Feb, 19 at 2:36 pm

    “On August 24, 2018, we received notification that there was an update to your Notice of Representation for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WACXXXXXXX. Your representative will receive copies of all official updates and correspondence relating to your case. Your representative will keep you informed about actions we take on your case.”

    I am seeing the above as status. What does this mean? Any help is appreciated.


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      It means that your attorney was changed and new attorney will receive notification about your case.


      • Yuvaraj
        Yuvaraj 9 Feb, 19 at 10:11 am

        If I am not wrong, the case was submitted by my employer itself but the attorney filed the RFE response. could that be the reason for this update.

        Will it be the attorney who will receive the response or the employer will receive the updates from USCIS?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:41 am

          As per my information, all employers use an attorney to file H1B application. Whenever an attorney files, they fill their contact information as a ‘representative’ of the employer.
          This update simply means that a representative has been changed or assigned to your case.


  5. James
    James 5 Feb, 19 at 2:36 pm

    Hi,

    My RFE was received by USCIS on November, 2018. It has been 64 days since they received my submittal. I feel like an ant on hot pot, its killing me. I’m wondering if it will help to ask my company and lawyer to upgrade my case to premium. What do you think? Anybody have USCIS received your case on November last year got approved recently in January, 2019?

    Any help is appreciated!!!


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      If you are eligible for premium processing, I suggest to upgrade and get peace of mind.


  6. Ka
    Ka 5 Feb, 19 at 2:36 pm

    Hi Anil,
    I have just noticed that there is a mistake in my I-129, as somebody put the wrong name of visa- H2B instead of J-1 on it.. I put the right data on my DS-160 (same as in my passport) and am waiting for the embassy appointment next week but I am worried as the data on I-129 and DS-160 are not the same..

    Just to remind, my company was applying for a new H1B for me, my RFE was approved last week..


    • Ka
      Ka 9 Feb, 19 at 10:41 am

      I meant names (types) of the previous visa. I was on J-1 and H2B before. Somebody put H2B and H2B there.. not sure what to do really..


      • Anil Gupta
        Anil Gupta 9 Feb, 19 at 2:10 pm

        Who is that ‘Somebody’? You should contact that ‘somebody’ to fix this error with USCIS.

        As per my opinion, this error may not be significant and can be ignored.
        If questioned about it in Visa Interview, you can explain that ‘somebody’ forgot to write ‘J-1’.


        • Ka
          Ka 10 Feb, 19 at 12:27 pm

          Somebody is the person, who used to work in our company on the immigration papers. I just let my employer know about the difference on papers.. not sure if there is there is enough time to fix it before Friday but I will do my best to explain it anyway. Thank you!


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

            I don’t think it can be fixed within a week or even months. USCIS is pretty slow and this probably would need a new filing of form I-129 with new fees unless it is a USCIS mistake.

            I think you are ok with this mistake. I do not think it is going to be questioned.


            • Ka
              Ka 11 Feb, 19 at 1:49 pm

              Thank you


            • Ka
              Ka 12 Feb, 19 at 12:28 pm

              Hi Anil, sorry to bother you again. not only the visa type is not correct on my I-129 but also end dates of my previous visas.. I am really worried as this is different to what I have in my passport and to what I submitted in my ds-160.. Anyway, I think I just have to wait and see what they say at embassy. It is stressful till the very last day..


              • Anil Gupta
                Anil Gupta 12 Feb, 19 at 3:50 pm

                Wow.. this means that nobody cared to verify the information filled on I-129?

                Anyways, what has happened has happened.


                • Ka
                  Ka 12 Feb, 19 at 4:51 pm

                  What are the chances that this will get through?

                  To sum up, I have H2B twice instead of J1, H2B and the end dates are confused..

                  What should I say if they ask me about it/ or will they just give me a notice that this does not match?


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

                    You should tell the truth if asked about it. Chances depends on the visa officer and your answer’s credibility.

                    I think the chances are low that he will ask questions about it though.


                    • Ka
                      Ka 13 Feb, 19 at 12:14 am

                      Thank you.


  7. murali krishna
    murali krishna 5 Feb, 19 at 2:36 pm

    Hi Anil,

    Good Afternoon,

    Still USCIS giving RFE’s or direct denial.

    Thanks,
    Murali.


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:28 am

      USCIS is giving RFEs.


  8. k_H12018
    k_H12018 28 Jan, 19 at 8:52 pm

    Hi,My H1B got picked up in 2018 and on Jan 12th i see in USCIS status that it has been updated as RFE. Still my employer didn’t receive the RFE copy and when i checked with them they told it will take 7 to 10 days processing time. Once we receive RFE how much time we can take to respond to RFE and also let us the know the processing time USCIS will take to approve it.


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:02 am

      USCIS gives 60 days to submit RFE response.
      It is currently taking 90+ days for USCIS work on RFE.


  9. alphagolf
    alphagolf 28 Jan, 19 at 8:52 pm

    Hi Anil,
    I have H1B from Company A . I started working for company B, on reciept since the H1-B transfer wait was 5-8 months during the time. I am still waiting on an approval for my petition form A->B.

    I currently have an offer from a company C , its a company i would really like to work for. Assuming premium processing resumes in Feb 19. Can company C petition for my transfer ? If so will this be a transfer from A->C or B->C ?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      What is the i94 expiry?


      • alphagolf
        alphagolf 9 Feb, 19 at 10:11 am

        8/26/2019


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:42 am

          ok..you can file H1B transfer before i94 expiry.
          You may want to read more scenarios for H1B transfer:
          https://www.am22tech.com/h1b-transfer/


          • alphagolf
            alphagolf 10 Feb, 19 at 12:26 pm

            Thank you for the reply amit. Your post mentions :

            If the first H1B transfer is denied, the bridge between first H1B transfer and second one is broken and hence your second H1B transfer will also be denied ultimately.

            What happens when the second transfer is done in premium and the first isn’t.
            Are you saying I wouldn’t get a decision on the 2nd transfer, until the 1st one is still processing ?
            Or, even if I get an approval for the second transfer sooner than the first ? I still need the first transfer to be approved ?


            • Anil Gupta
              Anil Gupta 11 Feb, 19 at 8:12 am

              The concept of bridge ONLY comes into picture if you file H1B transfer AFTER i94 expiry.


  10. Dan
    Dan 28 Jan, 19 at 8:52 pm

    I have applied my H1B extension on 06/14/2018 for normal processing, i got RFE on 10/12/2018, my employee replied to RFE response and it received to USCIS on 03/01/2019, after that case status was updated as “we received your response to our request for Evidence.

    on 01/18/2019 my case status was updated as “we received your request for premium-processing ” and on 01/19/2019 my case status was update to “case was received and receipt notice was mailed”.

    I’m totally confused , my employee didn’t applied for premium process, why the status is changing ?

    what is next steps/ status after we submit RFE response to USCIS.

    Thanks


    • Anil Gupta
      Anil Gupta 28 Jan, 19 at 8:52 pm

      If you did not apply for premium, then it may be a wrong update on your case.




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