H1B denied for NO RFE Response

USCIS has rejected my application stating that we have not responded to the RFE issued on September, but actually we have not received the RFE notice from USCIS till date on my application.

Hence we have registered a call with USCIS to revisit their Decision and issue the RFE notice



Pls help, what would be the next step?

Did the status ever change online to RFE?

Your attorney can also file MTR or appeal against the decision.

No Saurabh. From IR to Denial. I hope my company registered a call on this. How long do I need to wait for this? Any chance for approval? Thanks much for your help.

You have valid reasons to question the denial as the online status was never RFE or returned document.

Hi Saurabh,

Todaymy case changed to “Post Decision Activity” directly and is now showing as :
.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on February 12, 2014, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. 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 at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

Any chance for approval? Thanks much for your help