Reg. Time period given to respond to RFE/NOID/appeal to denial notice

Hi Saurabh,

Can you please let me know what are the time lines given by USCIS to respond to in each case…RFE/NOID/denial notice. I got an RFE and responded and again got an RFE according to my employer but was told that this time the deadline given is exactly a month time. So I got a doubt if I really got an RFE or I got a NOID/ denial notice and they are planning to appeal. I asked them to forward me the document and I am yet to know the details.

In case if I got NOID what are my chances of approval if I provide possible evidences. Please answer as soon as possible.


In case of denial, they are usually given one week to appeal.

In case of RFE, the time given to respond is 60-90 days. However, I don’t know if this holds true for 2nd RFE as well.

What’s the current online status of your petition?

Thanks for your reply Saurabh. I applied under PP/AD/VSC. My online status just says initial review, premium processing clock stopped. But i got to know today from my employer that my case was denied and was given an option to appeal within 33 days of notice. So my employer is planning to appeal my case. What are my chances of getting an approval if i provide required evidence and how long does uscis take to respond in case of appeal? I think my premium processing no longer applies to this appeal. Please let me know.

Chances of approval depend upon the documents and arguments presented by the employer to USCIS. You should have an open talk w/ them to know what the denial reasons were and how they plan to counter-argue those.

Is there an attorney on the case?

Yes I know the denial reason now. My first rfe was for client letter and work orders etc. At the time my rfe was answered my contract was till June 2013 which was mentioned in the letter but client gave oral confirmation that it will be extended. So vendor ( mine is evc) extended work order till Dec 2013 with my employer. This mismatch was missed on our side and was submitted. Due to the mismatch uscis rejected saying that I have no evidence from client that I will have employment during requested validity period which is Oct 1,13. Now my contract is extended. So attorney suggested to get a letter from client saying it’s extended till Dec 13 and one from vendor supporting the same.

This is my case and this is how they are planning to go forward. What do you think will these be good for my case? Also how long do they take to process an appeal?

Yes, they can file MTR and see how it goes. Typical processing time varies from few to several months.

I don’t think this will be an appeal but will be MTR. Appeal is filed when you think that USCIS made the wrong judgment. Based on what you have written it seems USCIS made the right decision based on the submitted documents, and now your employer wants to correct those documents. Your attorney should be able to handle all this.

Hi Saurabh,
I got the letter from client saying that my project assignment has been extended till dec 2013 with further extensions possible. After discussing with attorney, they said this would be sufficient and are confident on getting an approval. They are planning to go with filing MTR (motion to reopen) on my case early next week.
Can you please let me know what will be the next steps after applying MTR? Will I get a new receipt to track or my old receipt still holds? I am not aware of how this MTR process works. Please let me know.


I don’t know if another receipt number is sent out, or give the updates on the same number. You should check w/ your attorney.

Are you currently in US or outside US?

I am in US,working on OPT extension expiring in Nov 2013.

Remember, MTR doesn’t give you work authorization. So if MTR is still pending and your OPT expires, then you have just the 60 day grace period (you cannot work during that time) and will then have to leave US. If MTR gets approved prior to that, then you are all set.

Keep your DSO in loop and confirm w/ him that your SEVIS record is still supposed to be active till Nov 2013.

My attorney filed my MTR today. I hope I get the result soon. My attorney confirmed that I am in active status till my opt expires. But I will confirm this with DSO too.


Can some one please share their experience with MTR? I want to know what are the next steps after applying for MTR. Will I get a new receipt number? If yes, how long does it take? Please reply.

I think MTR generates another receipt number but not 100% sure. As for processing time, you can check it online on USCIS website for your processing center and MTR form#.

Hi Saurabh,
I got MTR receipt notice (I797C) with new EAC # today. But the notice doesn’t have my name mentioned anywhere like it did in my previous h1b receipt(beneficiary name). Please confirm if this is normal if you have any idea about this.

I haven’t seen MTR receipt notices, so not sure what information it contains. If you have no reasons to not trust the employer, then it must be yours.

Hi Saurabh,
My “Notice of Appeal or Motion” does have my name.
However, my question is :
I am currently in US on valid H4. My H1b application this year was denied. Now my company is applying for an appeal. I wanted to check if it is ok to travel outside of the US (1 month) while the appeal is in progress. I do not wish to be stopped at the point of entry while returning.

Please advice. I need to need to decide urgently.


I am in the similar case now, could you please tell us the time it took for response for your MTR? Also, What was the response?

I have received the denial and planning file an MTR. Please help me out.