Understanding the H1B RFE Response Process

Has anyone received a response from the USCIS about an H1B visa RFE for fiscal year 2018, or any other year? If so, how long did it take to hear from them? This article aims to provide insights and information based on real experiences of individuals who faced similar situations.

USCIS H1B Summary for Fiscal Year 2018

It's important to note that in the fiscal year 2018, the H1B visa filings had not yet begun, which means there was no chance for applicants to receive RFEs related to this period. However, for those who are currently navigating the H1B visa process, this information might still be relevant and useful.

Personal Experience: H1B RFE Response Timeline

While the fiscal year 2018 does not apply directly, I shared a personal experience with a H1B visa RFE for fiscal year 2014. My case involved receiving an RFE from USCIS around August, which my lawyer promptly filed by the end of the month.

Due to the grace period provided by USCIS, I continued working for my employer until I didn't hear back from them for about a month. This grace period is crucial as it allows individuals to maintain their employment status. However, it is important to note that leaving the country during this period would have automatically invalidated my petition.

Given the remaining valid options, my lawyer recommended staying within the 48 continental states, avoiding travel to Alaska, Hawaii, and US territories, which were highly discouraged. Once I heard back from my employer in mid-January, I learned that my H1B was approved, and I was able to resume my work shortly after.

General RFE Response Timeframe and Strategies

Based on the experiences of many individuals, the typical timeframe for receiving an RFE response is around 3 months. It's important to understand that the response time can vary, and some individuals may face longer delays. The uncertainty can be discouraging, but it's crucial to stay proactive and not waste time worrying about factors you can't control.

Instead of moping around, use this time wisely. Engage in activities you enjoy, explore new opportunities, and make plans for potential outcomes. For example, I spent a few weeks traveling, bonding with friends, and applying to graduate certificate programs as a backup plan. This not only helps pass the time but also keeps you engaged in productive activities, preparing for various scenarios.

Important Considerations for RFE Respondents

For those who have submitted an RFE response, here are a few key points to keep in mind:

Personal Visas vs Academic Programs: If you are considering academic programs, ensure that they are eligible for an F-1 visa before applying. Applying to a program that doesn't accept F-1 visas would be a waste of time and money. This is particularly important when planning for contingencies. Stay Within Permitted Areas: During the RFE process, stay within the 48 continental states to avoid invalidating your petition based on unauthorized travel. Stay Productive: Utilize this time wisely by engaging in activities that keep your mind and spirit active. Whether it's traveling, pursuing hobbies, or preparing for alternative opportunities, keep yourself occupied.

Ultimately, staying organized, proactive, and informed can significantly improve your chances of a positive outcome in the H1B RFE process. We wish you all the best in your journey!