After new H1B Law was passed, USCIS had to make changes to the H1B Visa petition form to include additional questions. If your attorney have used the old form I129 to submit your petitions, USCIS will issue RFE. Once they receive the new form, then they would process the application.
So, some if you get RFE don’t need to panic, it could be because above reason. But, RFE is issued because they need to verify more details about you are you employer will delay H1B approval time. Also, TARP companies found a way to bypass the new H1B law and still hiring International Student. More details in next article.
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{ 44 comments… read them below or add one }
I got a 5-page RFE. One of those asked was my “Evaluation of Foreign Education”. My immigration lawyer said that he submitted an evaluation from World Education Services (WES). He has always used WES and never had a problem before. He says “Maybe WES had a recent problem with INS”. But I searched the internet, and never found such a problem.
My lawyer’s solution is, to have my transcript evaluated by another institution. I’m wondering now if my lawyer got his facts right. I cannot afford his “Maybe” when I only have 1 shot at replying to an RFE.
My RFE also asked for “Evaluation of Training & Expertise” and “Evidence for Recognition of Expertise”. My lawyer said that I need not submit all 3. I just need one, and the easiest would be the “Education Evaluation”. I could not, however, find any part of the RFE that says “submit any one”. The way I understood it is, to submit all 3.
Anyway, can anyone here (especially those approved) tell me what institution did you use for the education evaluation? Or if you used WES and had (or had not) have problems? Thank you.
Can anybody tell me the FAX number for faxing the TARP form to CIS?
Thanks ,
Also where I can get that TARP Form?
I ask this Q is because my lawer maybe run away and I couldn’t find him.
Thanks
Find an immigration attorney who will help you.
Why gulti before consultancy. It can be anyone consultancy. You please stop ruiuning our reputation.
My wife’s H-1B transfer was RFE’d because the lawyer failed to use the new version of the H-1B form and consequently did not answer the TARP question of whether the company was receiving Federal Aid. The RFE arrived in 4 business days from Vermont. We live in Florida.
Hi Leo,
Do you have any info, how long its gonna take to process once you submit the evidence?
Is it through regular or premium processing.?
Thanks
Raghu
My wife has transferred H-1b (regular) once before; once in August 2008. This process took 2 months and was smooth.
She is transferring H1 again (April 1st, regular processing, Vermont Center). Her RFE (TARP question) was issued on April 22nd 2009. The evidence was submitted on May 1st.
I am told that it take about 2 weeks for USCIS to revisit the application. Certainly RFE will delays the process. But we are hopeful (as is our attorney) that it will not take more than 2 months after submission of evidence.
How to submit the Tarp question? FAX? what is the Fax number,
and how can I get the form ?
Please help
Hi Guys,
Does the USCIS issue all RFEs for a petition in “one shot”–i.e., does the USCIS request all information needed to make a decision, or does it issue RFE as it goes through the application one page at a time?
In other words, if I receive an RFE asking for some evidence, and I submit the evidence, can I expect another RFE for some *other* evidence or document?
Because if RFE is issued one at a time, it could take several months to get an approval.
Hi,
I work for a technology firm (LLC) that started in 2007, it only has 2 general partners who started the company with $500,000.00. The company developed a product for public transportation and is ready to market now. thats why they hired me. i will be the first employee. they applied through premium processing. they sent a bank memo showing that the company has cash to cover my salary. I have an MBA. i received an RFE from the attorney 1.TARP (which they said u will be fine) 2. State quarterly wage report 3. w-2 and w-3 for all employees and quarters.
Im really worried, are they going to reject me?
there has been no wage payout by this company, since they are 2 partners.
BTW the company does not have income now, and no contracts yet. But the product is fully developed.
Does anybody know whats the case on startups (started 2007 R&D till now)?
please please let me know…
Hi,
I just read your case, Did you finally get approved?? Please let me know. I am afraid of being in the same situation.
RFE Question. In the website, when I check the status, it says, they mailed RFE on April 13, 2009. I applied with Premium Processing. My question, whoever received RFE or knows, did you get RFE by mail or fax? How long it took after they ‘mailed’ RFE? My processing center is CALIFORNIA. Why would it take so long for mail to arrive? I am really worried, because it will delay everything and things will be pushed back. Please help!!!
My wife’s H1 transfer was RFE’d owing to failure to use the new version of the H1 data collection form and not answering the TARP question. The application was *not* under premium processing.
The RFE e-mail was sent on Wednesday; the letter arrived in mail on Monday from Vermont. We live in Florida. So it took 4 days (counting Saturday, which is also mail day).
hello
i am pharmacist sponsored by rite aid , i know they send petitions by regular process , but i wonder if they use the old petition or the new one , also i need to know estimated time to recieve the recipt for approval
thanks
pop
As far as if they used the old one or new one, how would anyone on here know? You should read the posts here before u ask question cos then u would have the answer to ur second question as far as how long it takes to get ur receipt.
Just, give him the answer, you don’t have to teach him a lesson. POP, for regular processing it will take 4-6 weeks to get a receipt; so wait till mid may and you should have a receipt; as for your first question, ask your company’s lawyer, who filled the form.
My bad pop. There u go
Hi POP,
I am also a pharmacist and my H1B was filed by rite Aid, did you read the news that they have filed for chapter 11,we will get to know by may end or June end as of now USCIS is processing only premium processing.Need not worry about the forms they have used to file as they are same with premium processing and people are getting their h1b approved.
Thanks
If they issue RFE, because we used previous editions, then why on their website with the new form I-129 it says “Previous editions accepted.” ?????
Probably because they haven’t updated their website yet. Usually the forms themselves say “previous editions accepted” if they are accepted.
Hey, I am checking the status of petition, it says that request for additional evidence was MAILED on April 13, 2009. Its been full week, my company/lawyer has not received anything. I don’t think mail takes that long.
Also, Even it says, they mailed it, are they supposed to fax it as well?
My friend till today did not even receive receipt number and suddenly this afternoon his RFE was directly faxed to the same company (we work for the same company). So, I am wondering, how does the process for RFEs work? Anyone has/had the RFE situation, please share. Thank yall
Did you file through regular processing or premium processing? If you filing through premium processing,your lawyer should would receive an email with the the receipt number, and RFE would be mailed via Fax.
I applied thru Premium Process for Bachelor’s. My employer received the received by email on April 10th. All set with that. The question is RFE. They said, they MAILED already, but my company hasn’t received it yet (sent on April 13th, I suppose it shouldn’t take that long for regular mail). My company used lawyer to fill everything, but my boss says the company and not the lawyer should receive stuff. Anyways, no fax was received yet. So kind of surprised, where is the FAX or MAIL???
Hi,
I got an RFE.USCIS had updated this in their website on 13th and my lawyer got the mail today morning.Its due t o the old I129 form as told by HSB already.Dont panic, you will get it soon.
Sorry, mistyped the previous post…
So, not sure if my RFE will be related to old/new form issue. Does the old one differ from new form which could have some extra previous status (j-1) question. I guess, I just have to wait and see what they want. Hopefully, we should receive the actual RFE soon (hopefully, sounds little ironic 
Fred, my friend received the RFE and he says its due his previous to F-1 status that he had (j-1 status). I had the same scenario, I was J-1 and changed to F-1 and from F-1 trying to change to H-1B
Hey Guys!!!
Don’t be panic.USCIS is doing great job.I got H1B approval notice well in time(premium processing).Just register in USCIS web site if you have the receipt number and wait. Good luck…
Hello,
I see that some people are talking about the receipt number. When is this number supposed to be known by my lawyer when the application is filled with premium processing service ?
thank you
Mathieu
with in 15 days from from April 7th if submitted during the initial window period
i need to get approved.. my wife’s giving birth to our 2nd child..
huhuhu..
Hi,
My attorney used Form I-129 (Rev. 03/11/09) Is it the Old one?
I guess so from seeing the date.
Oops sorry!!! take back my question…
The date whatever i posted in my previous comment was the date when the Form was prepared by USCIS
This is the actual number OMB 1615-0009 – Expires (07/31/2010)
So this is the correct form.
Most employers prepared their I-129 petitions before CIS issued a new version of the I-129 forms. The only change was a question about whether the company received TARP funding. CIS has said that for these cases (most H-1B filings) it will issue an RFE for the one page of the form that refers to TARP funding. It will be simple to respond to this, so this alone should not delay any approval significantly.
I applied for premium processing. Case pending. I got my receipt saying that they started processing on April 7th. So I’m supposed to hear back by 22nd. I’m not sure whether my lawyer submitted the new form or not…
If they issue RFE on the 15th Day. Then the final notice date gets pushed back for another 15 days. Then it’s almost like filing the regular processing…what a waste of 1000!!!!
Violin – you’ll still probably get approved before the people who filed regular processing. Those could take a few months.
Thanks. I just got a phone call from my lawyer telling me about the RFE for the additional form. That’s the only thing on the RFE. Does USCIS issue more than one RFEs?
No, USCIS usually issues just one RFE. By the way, you have to bring this up with your lawyer – it is his and only his fault you got RFEed! Your company is paying him to know which forms to fill out!!!
I don’t like to point fingers. That’s good news…if that’s the only thing they RFEed. Once the form is submitted correctly, I should be fine.
I agree that the company is paying the lawyer to know the correct forms to file. However, CIS just issued the new I-129 on March 20, long after many firms had prepared their H-1B packages. Since most firms were probably swamped with filings, including cases that just came in at the last minute, they may not have been able to change the form before the filing date.
I’m confused by this post. Mainly because it totally lacks of evidences and references. Which new “H1B Law” is the article referring to? Where do you get resources for the claim RFEs for most FY 2010 Applications from”?
Read the second sentence – “If your attorney have used the old form I129 to submit your petitions, USCIS will issue RFE.” If your attorney used new one, you are fine. Look up the new form on USIC website, compare to the one in your application and stop crying!
My lawyer used OMB No. 1615-0009; Expires 07/31/2009
Not sure if it’s the old form or new form…
This ain’t true. I got my LIN number and approval email on the same day!! Yea, thats right- I have H1-B approval. Sorry – didn’t mean to boast – but I just wanted to drive home the point that the process is so much easier this year when those gulti consultants have been thrown into jails. I hate those mofos who ruin my country’s reputation by smuggling people in. In Your Face gulti consulting motherfuckers!!! Get a Real Job!!!