H1B/I129 - MTR/I290B - Motion to Reconsider/Reopen

[sr266]

Hi 

        My 2020 H1B petition was denied on 29th Jan 2021, the reason for denial is USCIS did receive the response for the requested RFE. This is not true, my employer did respond to the RFE from USCIS and in fact USCIS confirmed that they received the RFE response in their system. My employer filed for Motion to Reconsider on Feb 16th 2021 and the only update I had was my case was transferred to another office.  It has been more than five and a half months and I am anxious about the processing timeline. Can anyone suggest options to expedite the process as it is clear an error from USCIS. 

Thank you.

[LeaveMessageH1B]

On 8/1/2021 at 1:00 AM, sr266 said:

This is not true, my employer did respond to the RFE from USCIS and in fact USCIS confirmed that they received the RFE response in their system.

You do not have to convince anyone here...

There is no way to expedite MTR, it can take anywhere between 6 to 18 months. Fastest MTR response I've seen is 7 months. 

There could be an alternate situation --> despite rectifying the timely submission of RFE, your petition could be denied solely based on the FACTS of your case. 

Make sure you're maintaining legal status (filing MTR does not grant any status or any authorization of stay)