RFE status on my case.

USA H1B Visa
1

RFE got raised for me(Oct-5-2015).My employer got responded for that RFE on 22-Dec-2015.

My uscis status showing me like :- Request for Additional Evidence Was Mailed

When this status will be changed ?

Thanks,

Venkat.

2

The status should change within a week or so. As there are holidays this week, so expect some movement next week or after. If not, ask your employer/attorney to follow-up w/ USCIS.

3

Hi,
Thanks for the input.They status got changed yesterday like :- Response To USCIS’ Request For Evidence Was Received

and vermont will begin to work on this.How much time it will take for this process.

Thanks,
Venkat.

4

As it is not a PP case, there is no SLA. It may take couple of months. As new filings start in April, they would like to process all old petitions before that time.

5

How to know like it is PP case or not using receipt number? is it possible to know like its is pp( premium processing)?

6

If the online status uses the word email then its PP. It costs $1225.00 for PP and your employer would have paid that fees (or passed on to you).

7

My status is changed like : Decision Notice Mailed
On January 6, 2016, we denied your Form I-129, Petition for a Nonimmigrant Worker…What is this mean.
Could any one help on this.

8

This is one of the ambiguous online message. You would not know whether it is approval or denial unless your attorney/employer receive the notice from USCIS. They should receive it within couple of weeks.

9

Hi,

is there is any process to the case in right track like getting approval?

Thanks,
Venkat.

10

Like I said, you should wait for few days and your employer will have the decision notice.

11

Hi,

My employer is responded like with out any specific reason,our application got denied.So my employer is doing to reApply the case(Form-I129) again.They told like there is another solution to proceed with legal things but instead of that Reapplying the form is better option.

Is there any easy solution.Any suggestion?
Thanks,
Venkat.
.

12

They are planning to file the case again in next fiscal cap. Unless they take care of the issues that arose in this fiscal year’s filing, the new petition may end up w/ similar fate.

Another option is to file MTR or an Appeal, but then your employer will have to show that USCIS erred in making the decision, which is not easy. So it may be better to have it filed in next cap, and discuss MTR/Appeal options w/ your employer/attorney.

13

Hi,

My employer told that they are applying in the first week of February(form I129) with another organization.I Hope it will give positive results.

Could you please provide me details if anything I need to do.

Thanks,
Venkat.

14

How can they apply in Feb when the cap opens in April?

I am not sure what your employer is planning to do here.

15

Hi Saurabh,

Thanks for the valuable information.I have verified with my employer about this reapply. They told that It is called Appeal motion petition on denied Form I-129.

Our I-129 is denied not the rejected one, so they have received some set of queries on Organization related things.Now companies attorney team is following up these queries.

Could you please share me any inputs on this.

Thanks,
Venkat.

16

So its not reapply, its an Appeal. They will have to show that USCIS erred in their decision and if USCIS agrees, they will approve the petition.

Chances of approval depend upon why USCIS denied the petition, and what information your employer submits to counter that.

17

Hi Saurabh,

Yesterday my employer told that, they have answered(appeal) the queries asked by USCIS.My employer told that the same eac# will be there and I need to check status with the same number in the USCIS portal.How much time it will take for this process.Is it ok to get approval.Please provide me information on this.
Thanks,
Venkat.

18

It can take sometime, maybe several months. As a back-up, you should try in FY-17 as well.

19

Hi Saurabh,

My status is not changed till now.How much time it will take generally.
Any pre-requisites from my side to handle any situation.?

Thanks,
Venkat.

20

Ask the employer to follow-up w/ USCIS on this. There is no SLA.