Can H1B extension be denied without RFE?
The new policy memo from 2018 states that USCIS adjudicator has full discretion to deny a petition without issuing RFE/ NOID for a petition. USCIS adjudicator can deny any new petition filed, when initial required evidence/documents for the petition/ case are missing or does not establish eligibility.
What are the chances of H1B approval after RFE?
H-1B approval rates ticked up in FY2020, but remained historically low
| Fiscal Year | H-1B Approvals | RFE Rate |
|---|---|---|
| 2020 | 91.4% | 28.8% |
| 2019 | 84.9% | 40.2% |
| 2018 | 84.5% | 38.0% |
| 2017 | 92.6% | 21.4% |
Is RFE for H1B common?
According to this same data, the percentage of H-1B petitions that receive an RFE is increasing. In 2015, the RFE rate was between 10% and 30%. Now, in 2019, that rate has gone up to just over 60%.
Why would H1B extension be denied?
Common reasons for the visa extension denial could include failure to maintain the H1B visa qualifications, employer fraudulently taking advantage of the immigration system, or committing a crime in the U.S.
What happens if H1B RFE is rejected?
With a rejection, the error is merely technical and can usually be corrected. Once corrected, you can refile your application. If your case is denied, however, the officer doesn’t believe your case merits the H1B transfer. You will need to follow other routes to work around a denial.
How long does RFE take to process 2021?
The RFE should indicate an expected timeframe for your response, typically within 30 – 90 days (but never more than 12 weeks). Once USCIS receives your response to the RFE, the adjudicator will issue a notice of receipt with an expected timeline to review your newly submitted evidence.
What happens after RFE response H-1B?
What Happens Next After Submitting the RFE Response? The moment an RFE is issued, there will be a pause in your application processing. Once the USCIS receives your response, the processing will be resumed as another 15 calendar days start counting for premium processing.
Does RFE get rejected?
It means that the USCIS officer reviewing your application needs more information before he or she can make a decision. An RFE does not mean that your application is going to be denied or even that it is more likely to be denied than if you hadn’t gotten the RFE.
Can H1B RFE do premium processing?
The good news is that you may upgrade to premium processing at any time while your petition is pending. Once the USCIS receives a properly filed request to upgrade, you will get a response from them within 15 days.
How long does H1B RFE take?
What do I do after RFE denial?
What can you do? Receiving the denial notice issued by USCIS means that you are given the opportunity to file a motion to reconsider or reopen, or you can appeal the decision (Form I-290B). The deadline that you will have to meet is 33 days of the decision date. Besides, there is a filing fee of $675.