I’m not sure which expedite are you mentioning… RFE on a 140 will be probably a lot of things. They usually mention 5 or more points that does not seem to meet the criteria Natinal Interest, Merit, and a lot of bullshiii. For sure you need to wait for the letter and a attorney is the best person to handle it. If they deny your 140 after RFE, apply a new case. Do not start a motion to reopen because it takes forever and usually it has negative results. Some attorneys say that clients qualify for EB2 NIW just to receive money! You need to be smart enough to balance if you qualify for a EB2. it’s harder than everyone says. A EB3 is an option if you have a denial 2 times for the EB2.

check with your lawyer. I also got RFE for the form nothing else. but I didnt recieve email or notice from uscis. I just heard it from my lawyer. For my case, I did change the employer but my original form was with old employer so uscis sent rfe to update the form

thank you for responding. I hope mine would not be so complicated. @Ann C how long did it take for your lawyer to respond yo RFE? and how long after RFE response submission did you receive approval notice? Thank

Good for you, at least your I140 is being adjudicated. Filed with EllisPorter too in June 2021 with the same no LOR service and I'm yet to hear anything from USCIS.

@jj bb: I was in desperate mode and was ready to pay for premium processing whenever it’s available. although I am relieved that today USCIS read my case. Receiving an RFE notification is an uneasy feeling. but I have to deal with whatever it comes. Hope your turn will come soon.

From what I've seen, the turn around for approval after RFE response is quick. So you are almost there. Did you file concurrently or non-concurrent?

I did concurrent filing. Submit I-140 on October 2021. then submit I-485 on early December based on pending I-140. got biometrics done in February 2022. No EAD yet

same boat. I140 in June and I485/765/131 in Nov. Did biometrics in Dec 30 and nothing since then. Your case gives me hope, because I've heard that concurrent slows down the whole thing and I was starting to regret doing concurrent. Was your i485 transfered to Texas from NBC?

@Hope D: I just got rfe 2 weeks ago. It’s quick to revise the form but waiting for lawyer response and review form is frustrated. It has been two weeks from the rfe request date and my lawyer hasnt sent the new form to uscis. Wile we completed all required documents a week ago. I wish to file with EP not Chen. The whole process is very slow 🙄.

my case were transferred to Texas too.

@Ann C. good luck with your case. It’s frustrating that Chen recently delayed their response or submission. Last year, I chose EP because two of my friends got 1 month delayed response from Chen. I hope Chen will improve their speed soon

@hope thank you for sharing. I hope your RFE is easy to address. @Ann C would you mind sharing what the RFE was for? and how did Chen respond to it? i filed with Chen too, so I’m curious to know how they handle it

@beulah s I got RFE about employment form. I did submit to Chen the whole package but Uscis requested it without any explanation. so not sure where the form is lost Chen uscis or due to new employer during process and Uscis wants the latest info. Chen prepares the reponse letter which is standard template but it has been 2 weeks now but havent sent to uscis. We chased them asking the submission date , Chen simply replied will tell when they’re done. Frustrated that it has been 13 months now for nonconcurrent. I heard many people work with EP experience better service quick action.

@ann C I understand your frustration and I’m sorry you’re going through it. I’ll probably be super anxious too if that was me. I don’t know why they take so long these days. I don’t know if you tried it yet but when I was about to file my I-140 and they didn’t do anything to it for a month and just sending me useless responses, I e-mailed Victoria Chen herself about my case. we filed my I-140 within a few days after that. I hope it works out for you. please keep us posted for any updates

Hey guys what was the RFE about? I applied conquently for the NIW in November 2021 and I got the EAD in February 2022. I’m still waiting for the I 140 and I 485

pls i need an attorney that can respond to RFE

what is it about

not receive it yet , just checked it online says rfe has been sent to me

after 7 days, mail has not arrived. I requested Emma’s live agent to send the RFE on email. it is 9 pages and the officer challenged both first and second prongs. it sounds complicated and challenging. I’m waiting for my lawyer to plan out on what to do. I know it will be a lot

@Hope D All the best. Did EP offer you the Approval or Refund deal?

Thanks. i do have approval or refund deal. I just wanna get it done. USCIS gave me maximum time to respond to RFE.

pls what is your area of specialization?

I’m in Cell and molecular biology

wow . nice one. don't worry just reponse to it and you will get approve in jesus name

@hope I’m with you on just getting it done. I hope it all works out. what is the maximum time for RFE? Did they say which officer it was? I hope it’s not the notorious officer 0214

I have the maximum time 90 days to respond. he is actually XM2041.

@Hope D did you get rfe notice through EP or Uscis sent it to you? In my case, there is no update in my account just show received document. uscis sent rfe notice to Chen only

@ann why did you get an RFE ??

@ann the RFE is because you changed jobs ? you’re allowed to change jobs if it’s in the Same field as your NIW

@ann. I contacted Emma after 7 days since the status changed. USCIS sent a courtesy copy to my email and I updated EP. I don’t think EP got their mail yet.

how long does it take to receive RFE from uscis?

how do i contact emma

go to USCIS website and search “chat with Emma”

I saw on website and Emma only gave me phone to call. how do i tell him to send me the copy of my RFE since I have not got it yet-8 days now

you need to prepare to type Case number and emphasize to connect with a live agent

@Ale they didnt tell the reason. Just said I didnt submit the full, completed, singed form. So not sure where the lost is lawyer or uscis. Or maybe miss signature from lawyer. No one knows. That’s just my guess that they see I changed job during the period and request the updated form.

@Hope How long did EP take to prepare response to your RFE? I filed through expedite process with them in 2020 and received RFE copy yesterday.

i am still in the preparation process. they are very responsive. I take 1 week after the RPE notice arrives for them to get you the strategy to response. I found new references and took them 2 -3 weeks to get the draft of the letter. now it’s on my hand however I’m so busy the next couple days. but after that 2-3 weeks after the signed letter returns for them to get the response to RFE. my RFE case is complicated. so I would think I would take the full 3 months to prepare.

@Hope Mine is complicated too. I received a soft copy of my RFE 1 month from issue date. so I have less than 2 months to respond. I don't think my case is weak or even marginal. I evaluated my case through 5 attorneys and they all offered me 100% money back service. I chose EP to proceed with. This is frustrating. Anyways, Good luck with you your preparations! Hope they will approve it as soon as you submit RFE response!

So what was the RFE about? Also if you have to send more letters of refs, are they charging you more for that since you did the cheaper expedited service. I also filed mine with no letters with EP and I haven't heard anything yet. Seems like I should anticipate an RFE as well. Makes me doubt whether the expedited service is really worth it. Would be interesting to know how what percentage of the expedited applicants get approved with no RFEs.

I’m in the same situation. my case in general is pretty strong. This RFE shook me hard when I received it. then, I accept the reality and move on doing what I can to get it done. good luck to you too! thank you! we’ll get it done.

@jj bb: I think it really depends on officer who reads our material. In my case he is challenging all possible ways. And saying my 200+ citations are not an indication neither my 11 publications. Also he is not even accepting the first criteria for NIW. So not sure what they are looking for. based on RFE I wonder why they issued RFE rather than rejecting it. Also, he is saying none of my work has any significance.. Now I doubt the whole process if I made a wrong decision. I am on O1A I am pretty confident about my credentials.

@jj bb I filed NIW. This RFE is for my NIW.

That's just crazy. Some people get approved with almost zero citations yet here they are giving you the run around. USCIS needs to standardize their work, makes no sense. Just the same way I140s from this year are getting approved in under 3 months. Just saw someone from April 2022 get approved.

do you think you got RFE because you didn’t submit enough reference letters ?

i submitted with fragomen in November 2021 concurrent and we sent 9 reference letters

@rashi I am still waiting and have not heard anything back.

@Ale: It is hard to say so. Because reference letters do not count for a bigger portion of the petition. Officer does not want to accept other evidences as well. Only document he accepted is my advanced degree certificate. And does not take any other single claim. This is surprising. He is rejecting my publications saying no value to my case. All my publications are in top journals. 80% of them are first author. So not sure what went wrong. I might withdraw my petition.

@rashi omg who is this uscis officer? is your Petition in Texas or Nebraska? me it’s Texas…

also what is your field of work. I am a gastroenterologist at university of florida

rashi did you file concurrently or no

I did concurrently. Mine went to Texas center. My background is Chemistry. I work for a pharma company. Currently I am not in academia. But I still publishing with my employer.

I am in academia and I try to publish , when I applied I had 12 publications and 150 citations. I am still waiting. I am sure your field has national interest. right? it all depends how Ellis porter wrote about you. I did concurrent too.

I personally think there is a higher chance of receiving a rfe if we do concurrent.

yes I know. did you get the EAD?

rashi just get more reference letters and apply again . u sent how many references ?

I received my combo card. My attorney said no need of reference letters. So I didn't submit any. I am suspecting quality of my petition too. yours will be fine. Fragomen is one of the best law firms in the country. Don't worry!! Good luck!

I still pushed EP to prepare 2 independent letters from 2 professors who agree to sign the letter. EP is happy to do whatever I want. even though in their RFE response strategy doesn’t require letter.

I have not received my EAD. I’m applying for job in industry and really want to have the EAD soon. I have waited 6 months for EAD in Texas.

RASHI it makes no sense not to submit reference letters !! oh my god I can’t believe Ellis porter and I remember that I contacted them many times. I sent 9 letters and 4 were from ppl who didn’t know me and 5 knew me. it is fragomen miami

@hope I don’t understand why EP don’t like to use many reference letters. I feel they make the petition stronger

many people got straight approval without independent letters. it works. Rashi and I were just unlucky.

@hope I don’t know I feel it’s so risky …. 🤷‍♂️🤷‍♂️🤷‍♂️

@hope what is your Fiels of work?

Hope D: This is just my suggestion, to try find an employer who is willing to sponsor O1A. It is pretty quick and premium processing is available. That's what I did.

Crossing my fingers for mine. Submitted with zero letters, 4 first authors, about 70 citations, several peer reviewer instances, 1 award that came with a small grant, work in virology so really rode this COVID thing. let's see how it goes!

@jj bb: All by luck. Wishing you good luck! Mine is exceptional bad luck🙂

I am changing jobs now and going from H1B to o-1

good luck to everyone

@jj which lawyer did u use ??

@Ale, I also used EllisPorter

@jj oh 😠😠

@Ale, what's your PD?

@jj NOVEMBER 17 2021. I have EAD and I am on H1B. submitting O-1 premium processing with new job next week.

I'm june2021. Why do you need O-1 when you have EAD? I have EAD too but I'm trying to look for non-bench jobs. I think it's a little risky because my proposed endeavor is research. Can't wait to leave academia.

@jj my lawyer said to be on safe side , if green card petition is denied then EAD useless so u r out of status after 30 days. she said apply for o-1 or another H1B back up and don’t use EAD

I guess so, but I think the chances of getting completely denied are very low. They may issue RFEs but ultimately, most people get approved even with RFEs. If I get a job, I'm risking my H1B.

@jj I totally get you. my fragomen lawyer said 0.5% risk haha… and Victoria chen also advised to her o-1 or H1B as back up. the new job is paying everything for the o-1 so I didn’t complain. will cost skeins 10,000$

Ok. That's a good deal. All the best.

cost them*

@jj I will update you what happens …

Same here. My one year anniversary since filing is coming up in three weeks. Hope to hear something before then. Will update you guys

I hope so too. 7 months for me in 1 week

I filed Nov 2020. It took 18 months to issue RFE! 😕 looks like now it's somewhat faster.

@Rashi, that crazy. I saw a guy get approved a couple days ago in 57 days. How does USCIS not address the obvious unfairness of that? Ridiculous!

@jj but was it eb2 concurrent or no? was it NIW?

Just checked, it was actually EB3-1 regular processing. But I just saw another EB2 NIW approved in 69 days

wow that’s crazy

any updates ?

nada

me too still waiting for I-40

they gave me 3 months to respond to the RFE but my lawyer said there is still another 60 days extension . Pls is it true that , response to RFE has additional extension of 60 days?

they gave me 3 months to respond to the RFE but my lawyer said there is still another 60 days extension . Pls is it true that , response to RFE has additional extension of 60 days?

I don’t know

https://www.uscis.gov/newsroom/alerts/uscis-extends-flexibility-for-responding-to-agency-requests-1

the day is applicable til July 25,2022. my lawyer told me the same thing. I’m pushing to get it done within 90 days. I don’t want to wait for any longer than that.

the same I told my lawyer but they are realy advising me to push it

it was written on my RFE that it will not be extended. that us why I am confused. Will this publication negate what they wrote on the RFE?

who is your lawyer ?

Today, my lawyer submitted my RFE response. it’s going to be overnight delivery. So, I would meet the deadline of July 14. The lawyer wrote the RFE very strong and reasonable. Cross my fingers!