Tuesday, June 2, 2015

Got a RFE? Don't Freak Out!

Request for Evidence aka the infamous RFEs tend to scare everybody who are filing for an immigration application. Yet it is a common tool employed by the USCIS to obtain clarification or to obtain additional documents on a case.

In an article written few years ago, we covered 10 Points to remember when answering a RFE (Request for Evidence). Things have unfortunately not improved since then. In fact, the RFEs are becoming more and more demanding.  Many times RFEs are issued despite the fact you have answered most of the questions asked.  It might be because the officer has actually not spend time on the case or simply because the package filed was not properly organized.  One of the other reasons which we are seeing now is that the USCIS officers are looking for certain specific things in an application and when they don't find it, they just issue an RFE.  As such, if the RFE is properly answered or the case is well prepared, you will actually receive an approval.  We have answered hundreds of RFEs and obtain approvals on the cases.

One of the common RFEs we are seeing lately for H4 change of status (H4 COS) are the requirements to prove that the H1B spouse  has maintained status.  This implies showing check stubs of the H1B holder and a letter of employment. Also those who are moving from H1 to H4, paystubs are required to prove status. Others who were on F1 visa, OPT and CPT they want to know everything about the school, etc.  So be ready if you are filing for H4 change of status or an H4 EAD, to actually are available to answer the RFE.  

As a note, we are also expecting RFEs on the EAD application. Please check the video below.

The article above is very limited in the nature of answering an RFE. But we are trying our best to anticipate the move of the USCIS to avoid any additional work or stress.

Our best advice and recommendation at this point is that if you receive on an RFE, please "don't freak out!" Call us at 510 742 5887 or email us at info@peerallylaw.com for help.

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