RFE Response Status Change & Query

Hi All,

on December 14th I received RFE for my H1b I-129 petition. Last Friday which is on 14th Jan, my employer responded to the USCIS and sent my response package, untill today my Case status still says “My Request for Additional Evidence was Sent”. When I looked at the different status it says after this “My Response for Request fro Additional Evidence was Received”. Just wanted to check if this status change is inevitable or will they directly change the status to their decision?

Another query that I had is that USCIS might not reopen or wont take any decision few case’s where RFE was sent even the response was received as they might have come to the cap quota of 85000.

This is their internal process to update status as much as possible at each important steps of processing.

I don’t understand your question, please rephrase.

In all the 3 lotteries they have picked up around 100K+ registrations and almost all might have filed for the petition. Since the cap is only 85000 so out of these filed petitions if they have already approved 85k and if our case is in RFE processing will they still consider and approve or just close the file?

They will only accept the petition if the quota is not reached.

Hi Kalpesh,

As stated above I received RFE on Dec 14th and on Jan 14th my employer responded to RFE. Untill tody my case status still shows as “Request for Additional Evidence was sent” Last Thursday when i asked my employer he mention to wait until 31st jan which is day before yesterday as he was hoping a positive reply might come.

Till today its the same status. In this case should be pushing my employer to follow up with USCIS or wait until whatever time it takes or is there any other way to check the status update?

Your employer can open a case and check wirh USCIS. You can also request your employer to upgrade to premium processing for a decision in 15 days.