New Rule - Denying a visa request without issuing an RFE First

[shashankv]

My H1-B Extension/Amendment and my wife's H4-EAD was filed on Mar 28 this year and I still have not received any response from USCIS.

Will the new RFE rule be applicable in my case? (The new rule is effective from September 11)

If no, I am guaranteed to get an RFE before any final decision is made?

How much time will I get to respond to the RFE?

Also, in case of an eventual denial, how much time do I get to leave the country? 

Thank for your help

[Vinayprirajin84]

If you dont want to take risk.. upgrade your case to Premium processing. 

[m_r_nadh]

The below article says "Per the new memo, for any case filed after September 11, 2018, the USCIS now will also be permitted to deny a case without issuing an RFE or NOID “… for failure to establish eligibility based on lack of required initial evidence.”"

https://www.murthy.com/2018/07/27/uscis-memo-on-denying-cases-without-rfe-noid/

So it's your call. BTW I am also in the same situation and my application was filed in Apr end.