H1B case status not updated after RFE response

H1BEXT_RFE

By H1BEXT_RFE,
in H1B : General

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H1BEXT_RFE Member

H1BEXT_RFE

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Posted

Hi All,

 

I have applied for my H1B extension. I'm in EVVC model and USCIS issued a RFE because of Employee and Employer relationship.

 

My attorney replied to USCIS on Sep 24th with all necessary documentation to prove employee and employer relationship. We have submitted client letter, 2 vendor letters and Organization chart, performance review, mine and employer conversation on all projects i'm working on.E.T.C

 

We have confirmation through tracking number that USCIS has received these documents on Sep 25th but still then the USCIS web site is not yet updated and its still shows Request for Evidence". Not sure why the status is not changed and i'm more worried on this because my I94 will be expiring on Oct 10 and in worst case my chances will be narrowed down to stay in US.

 

Below are the dates related to my petition.

 

Sep 8th- USICS recieved my petition- Status is Acceptance.

Sep 9th- Status changed to Initial Review

Sep 11th- Status changed to RFE

Sep 24th- Attorney responded to RFE

Sep 25th- USCIS received the response (By tracking i could see that A.SCOSS

 signed and picked up)- Status is still RFE

Sep 25th to Oct 5th- Status is still RFE.

 

Need help in answering below:

 

1. How frequent USCIS update the site?

2. What could be the reason of not updating my case? Any guesses?

3. When can i expect some status change or update via email regarding my case?

4. Suggest me next steps on my case? Can i wait till oct 8th and file for another H1B extension through same employer or should i change my status to B2 and then turn back to H1B after extension is approved? Which is better.

 

Any suggestions and comments are appreciated!!

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itsmeusa Advanced Member

itsmeusa

Posted
Posted

1. Don't rely on USCIS case status update. It's not reliable.

2. Refer 1. You are not the only one - many of us frequently see this with USCIS not updating the case status.

3. No idea.

4. Wait. You are ok to work for your employer for 240 days after the expiry of your current I-94. And you are ok to wait and stay in US until the decision is made on your H1b extension. No need to think about B2 and stuff.

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H1BEXT_RFE Member

H1BEXT_RFE

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Thanks for the reply!!

 

Mine was done in premium processing only. My attorney called USCIS today in the morning and they confirmed that response is already with them but there is some IT issue with the case update. They said they will do it at the earliest but they didnot speak anything about the decision.

 

Hi itsmeusa- i'm more worried on my status if some thing goes wrong after my I94 is expired. 
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H1BEXT_RFE Member

H1BEXT_RFE

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Hi All,

 

My case status is just updated back to Initial review. Even though USCIS recieved my RFE response on Sep 25, the status was in "Request for Evidence" and just an hour ago it changed to Initial review. Below is the description they have given.

 

 

What could be the response time from now? Is it again 15 days from now or can i get response in 15 days from my RFE response received date?

 

Anyone went with same situation? Please share your thoughts..

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jairichi Advanced Member

jairichi

Posted
Posted

Hi All,

 

My case status is just updated back to Initial review. Even though USCIS recieved my RFE response on Sep 25, the status was in "Request for Evidence" and just an hour ago it changed to Initial review. Below is the description they have given.

 

 

What could be the response time from now? Is it again 15 days from now or can i get response in 15 days from my RFE response received date?

 

Anyone went with same situation? Please share your thoughts..

15 calendar days from the date USCIS received RFE response.

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H1BEXT_RFE Member

H1BEXT_RFE

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Hi Jairichi,

 

My attorney contacted USCIS on Oct 06 and they replied saying that they received our RFE response and they are processing it. But suddenly on October 8 the online status moved to Initial review from RFE and it says "we receive your request of Premium processing on Oct 7 and we will process the case and provide decision".

 

Not sure what is going on with the case. Its 17 days since i have submitted my RFE response. Is anyone else facing same issue. Please suggest any options in this case.

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jairichi Advanced Member

jairichi

Posted
Posted

Hi Jairichi,

 

My attorney contacted USCIS on Oct 06 and they replied saying that they received our RFE response and they are processing it. But suddenly on October 8 the online status moved to Initial review from RFE and it says "we receive your request of Premium processing on Oct 7 and we will process the case and provide decision".

 

Not sure what is going on with the case. Its 17 days since i have submitted my RFE response. Is anyone else facing same issue. Please suggest any options in this case.

That is bad if they have not acknowledged that your RFE response was received by USCIS on Sep 25th. Looks like USCIS considers your 15 calendar days of premium processing started from Oct 7th.

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