RFE

Description

Request For Evidence is a a request from a government agency to provide further information on an issue before the government. Typical RFE's from USCIS question submissions for a specific petition or form such as I-140 RFE, I-485 RFE, I-130 RFE, H-1B RFE.

Options when H-1B project is canceled

Question details

Scenario: Currently working for company A. Company B has filed H1B petition and gotten approval for Oct 1st start date. Unfortunately, Project with company B goes away before Oct 1 and company B doesn't revoke my visa before Oct 1st.

1) Since I will automatically move to H1B on Oct 1st and I don't have that project anymore, can I continue to work for my current employer using the new H1B visa? (What options I have if I want to use the new H1B visa and work for the same employer?)

2) In the same case, will company A be notified about my new H1B visa on Oct 1st?

3) Will company A have to rehire me for H-1B transfer? or can I continue to work with them while the transfer is pending?

4) How would it work if I find a new project through a new company C? Would they need to file for H-1B transfer as well ?

5) What info can USCIS ask for H-1B transfer in that case? What sort of RFEs may come up?

 

Video URL
FAQ Transcript

You can't work for your current employer (Company A) on the new H-1B. File an H-1B transfer to Company A. USCIS won't notify them. Consider a lawyer consultation to possibly keep working at A while the transfer is pending.

May 19, 2023, Rajiv in QnA on behalf of students and young professionals (What is RFE, NOID, NOIR)

Immigration Law

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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna

Consequences of employer withdrawing I-485 Supplement J

Question details

Currently working with Employer B.
My PD - EB2 India, Aug 2013 with old employer A
Sep 2022 - Filed I485 with Employer A's I485J (which he provided that I will join his consultancy company)

  1. I always intended to join him but we couldn't find a new project in this market. He mentioned he is going to withdraw the I485J and I140.
  2. Will it be a right-away denial, RFE or USCIS will issue NOID?
  3. If USCIS issues RFE/NOID and the response date is after the 180 days mark - Can I provide 485J from my current Employer or any other employer or self-company?
Video URL
FAQ Transcript

1. It is not required by the law.
2. Probably a NOID and if USCIS wants to be nice to you they will send you an RFE giving you more time.
3. If USCIS issues an RFE you have to wait 180 days from the date of filing and after that you should be able to submit any employers I-485 Supplement J.

 

Success in filing a nonimmigrant religious worker (R-1) petition

We  assisted our client, a nonprofit religious organization, in filing a nonimmigrant religious worker (R-1) petition for a new pastor.  We received a Request for Evidence (RFE) in which USCIS questioned the petitioner's ability to compensate the beneficiary. We responded with additional documentation supporting Petitioner’s ability to pay and its nonprofit status, such as bank statements and a final determination letter granting tax-exempt status as issued by the IRS. The case was approved.
 

Status
The case was approved.

Nonimmigrant Visas

Immigration Law

Success in filing a petition for an E-2 Treaty Investor

We assisted our client in filing an E-2 change of status application for treaty investor. USCIS issued an RFE requesting information to determine if petitioner met the general requirements for E-2 Treaty Investor, without specifying in the RFE which specific information was missing. The RFE also requested information about a prior filed EB-5 petition, and questioned whether the client was maintaining current nonimmigrant status.

Status
The petition was approved.

Nonimmigrant Visas

Green Card

Immigration Law

Success in responding to an I-129F RFE

We assisted our client in filing an I-129F petition to bring his fiancee to the U.S. in anticipation of their upcoming marriage in the U.S. On Form I-129F the petitioner answered “yes” to the question: “Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violations (unless a traffic violation was alcohol-or drug-related or involved a fine of $500 or more)?”. We included reference to that issue in the filing.

Status
The petition was subsequently approved.

Nonimmigrant Visas

Immigration Law

Success in responding to a denial of an I-130, Petition for Alien Relative, that was denied due to USCIS error

We assisted our client, a U.S. citizen, in filing an I-130, Petition for Alien Relative, for his wife. Approximately 8 months after filing the petition we received notice that the case had been transferred to another USCIS service center. Three months later we received a denial notice giving the reason for denial as no record of a response to a Request for Evidence (RFE). The denial notice stated that the RFE was issued on a date that was a few weeks prior to the notice of the case transfer.

Status
The passport photos requested in the RFE were provided and we requested the adjudication be expedited due to clear USCIS error. The petition was approved as was an I-485 subsequent petition for the beneficiary.

Agency

Green Card

Immigration Law

Citizenship and Naturalization

Success in responding to a Request for Evidence after filing an E-3 Petition

We assisted in responding to an RFE questioning the employer’s educational requirements for an E-3 (Specialty Occupation Workers from Australia) Petition filed for a software developer position. USCIS sought clarification as to how the position could be a specialty occupation where the employer required a minimum of a bachelor’s degree in business, information systems, computer science or equivalent with related experience.

Nonimmigrant Visas

Agency

Immigration Law