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Besides general information on H1B RFE, you may be interested in an in-depth guide on H1B RFE, including, reasons, types and how to go about an H1B RFE.
The USCIS response to H1B applications commonly consists of approvals, denials, or rejections. But there are also responses called RFE, or requests for evidence. These requests are issued to ask for additional evidence or documentation that the USCIS requires to decide on your application. The RFE does not necessarily indicate rejection of your H1B application. But you need to act quickly and ensure that the documentation or evidence is submitted within the given deadline. Let's take a look at what the H1B RFE is all about in the sections below.
If the adjudicator reviewing your file needs additional evidence or documentation to reach a decision, they will issue an RFE. You will have to respond with sufficient evidence within the set deadline to avoid getting a rejection for failure to respond appropriately.
Let's take a closer look at the RFE. There are four parts to an RFE:
1. A quotation of the law: The first part of the RFE will contain a quotation from the Immigration and Nationality Act (INA). This quotation will contain aspects of US immigration law that relate to the application you submitted.
2. A list of submitted evidence: In this list, the USCIS will include all evidence and documentation they had received from you. Any submitted document that hasn't made it to this list must be re-submitted when filing the RFE response.
3. A list of missing evidence: Carefully review the list of things that have been declared missing. A proper response packet must be submitted to avoid rejection.
4. A deadline for response: The final part of the RFE will be a deadline by which to submit your response. Please take careful note of this deadline and adhere to it to avoid negative outcomes.
What if I can't submit my response within the RFE H1B response time?
If the USCIS doesn't receive a response to the RFE within the deadline, they may respond in one of two ways:
How to avoid an RFE
Responding to an RFE consumes time and energy and causes delays in getting a response to your petition. The best way to avoid getting an RFE on your application is to gather, organize, and submit a complete application file right at the beginning. A few common items that makeup H1B RFE reasons include:
Diligently following the instructions on file submission is the only sure way to avoid an RFE.
An H1B petition is primarily filed by the H1B employer and does not include the beneficiary's role. Thus, the RFE is addressed and sent to the employer and not the employee. Regardless of this, the employee can have online access to the RFE and all other parts of the petition. They can do this on the USCIS website by using the case receipt number they can obtain from the petitioner. With this information, the beneficiary can elicit a timely response from the employer and provide any supplementary evidence required.
Types of RFE responses
There are three types of responses to an RFE:
Responding to RFE notices: The step-wise process
STEP 1: Make a copy
Your first step should be to make a copy of the RFE notice. The original can be filled in and submitted with your response packet, while the copy can be kept for your personal file.
STEP 2: Gather the required documents
The RFE will contain the list of documents you need to submit as evidence in your response. Make sure to submit copies unless original documents have been specifically requested. None of the documents you submit will be returned to you.
STEP 3: Assemble the response package
Prepare your response to the RFE in the order the notice is set in. The original notice should be on the first page. The next attachment should be a cover letter detailing the list of documents you have included in the response.
STEP 4: Mail your response
Complete your file and mail it to the address specified on the RFE notice. Ensure that the correct address is used, regardless of whether it is the same center you sent your H1B application or mailed other documents to.
Responding to an RFE notice can be complicated. The only way out is to carefully follow the instructions given and seek professional help for things you cannot figure out on your own. Since you have only one go at filing an RFE response, make sure you do it right!
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**Disclaimer: Immigration rules and policies are always subject to change. Please refer to the official USCIS website for the latest news and updates.