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H1B RFE USCIS Review has taken longer than 60 days - What do I do?

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Our readers  have posted several comments and questions about the delay from USCIS in adjudicating H1B petitions after the RFE response has received under normal processing. 

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Please note that it is not guaranteed that USCIS will send a decision within 60 days. However, USCIS clearly states on the RFE to contact them if it has taken longer than 60 days. 

What are the options to notify the USCIS and expedite adjudication of the H1B petition if USCIS has taken longer than 60 days? 

Please note that the following actions can only be performed by your H1B Employer and/or Attorney on record. If you are the beneficiary, please discuss with your H1B Employer. 

Option # 1 (Most Common) 

Upgrade the H1B petition to premium processing by sending the following documents.

  • Completed Form I-907 by Employer or Attorney
  • A check or Money order for $1410.00 payable to Department of Homeland Security (Please note that USCIS also accepts beneficiary’s personal check or a Money order for Premium Processing, it does not have to be a check from your H1B Employer)
  • A copy of the I-797/H1B Receipt Notice
  • A copy of the RFE Response (Not required, it’s a good idea to include)

It is a good idea to include  a letter stating that “We are upgrading to Premium Processing as the adjudication of the H1B petition has taken longer than 60 Days” along with a Mail/Courier delivery proof of the receipt of RFE response over 60 days ago. This may notify USCIS that it has taken longer and they may adjudicate the case without converting to Premium Processing without the fee of $1410.00. If this happens, USCIS will return the I-907 along with the fee.

Please note that USCIS always sends an email to the H1B Employer/Attorney with a new receipt (receipt # will be same) stating that they have received the Premium processing petition. If an email and a new receipt has been sent; USCIS will cash the $1410.00 check or Money Order.

Option # 2 (Best way)

If you or your H1B Employer do not wish to upgrade to premium processing, H1B Employer/Attorney may write a letter to corresponding USCIS Service Center listed above under Option # 1 with the following documents:

  • Cover Letter
  • Copy of the I-797/H1B Receipt Notice
  • A copy of the RFE Response (Not required, it’s a good idea to include)
  • Mail/Courier delivery proof of the receipt of RFE response over 60 days ago

Sample Letter on Letter Head of H1B Employer 

Date:

Service Center Address

Dear Sir or Madam:

Receipt # EAC or WAC or LIN XXXXXXXX

Beneficiary: LAST NAME, First Name

Please be advised that the RFE response was received by the service on {DATE} and adjudication of the H1B petition has taken longer than 60 Days. Kindly provide an update on the status of this H1B petition. Please see enclosed copies of:

Copy of the I-797/H1B Receipt Notice
A copy of the RFE Response (Not required, it’s a good idea to include)
Mail/Courier delivery proof of the receipt of RFE response over 60 days ago
Thank you,

Sincerely,

John Smith 
President 
  
Option # 3

H1B Employer/Attorney can call the USCIS (Only H1B Employer or Attorney can call) and notify them the delay on the H1B petition;

Number to call: (800) 275-5283

There is no email or fax service available from USCIS.

If you are the beneficiary, you may also want to speak to your H1B Employer and check if the case was denied, as sometimes if a case is denied USCIS may not update on their online case status system.

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