sorry to hear that. I would say that officers sometimes are extremely subjective. They are just humans. I got a generic RFE back in 2022 and then denial in November 2022. Officer just ingored evidences that I submitted along with RFE response. Luck plays a role in this process.

Sorry to hear your situation. I agree with Arthur D. The officers are human and the mood they are in while reviewing your application is very important. So luck plays about 90% role if not more in this NIW process. We can only pray and hope that the officers would understand us and not poor their anger on our applications for our impatience. I don't think trying to know the status of your application should have a negative effect and sending you the RFE may have just been a mere coincidence but I personally think you should have waited for the 45 days to pass before reaching out. That may not change anything but I think it is the good thing to do when you are still within their processing time. I understand it can be difficult but just try to put yourself together and find the best possible way to respond to the RFE. I hope everything works out for you!

we got an rfe because our previous attorney didn’t pay attention to credentials either…I recommend Alex Park. He was very capable. helped us with the rfe and we got approved.

Thank you everyone. Yes, I can imagine officers are swamped with work. My attorney said an RFE would not be coming this late in the process and it came 3 days later. I asked for a copy of the filed package and he never sent it, and that’s what made me suspicious and anxious to email USCIS.

Will check Alex Park. thank you.

Even if you are Einstein in disguise, officers have to show progress processing cases, so most of the RFEs are generic copy and paste, so the officers can show they are moving cases forward. If you don’t trust your attorney, get a new one to help you with your response. A lot of people mentions Arkell Law or Chen Law here.

Thank you. I will respond pro se. If you happen to have any advice or tone recommendations, please let me know. I will try to be as respectful as possible. Thank you everyone

another thing to keep in mind that your approval chance after RFE is still high. I would say definitely more than 90%. The worst case scenario is refiling and appeal. You can do both at the same time. My appeal was actually sustained, thanks to my lawyer. I think my case is just another evidence that USCIS can make mistakes.

Great to know thank you. Do you think this refilling would impact any non inmmigrant work visa application process that I could do with an employer?

I believe refiling will have the same impact as your first petition. Once you file immigrant petition it would be extremely hard to get non immigrant visa. As far as I know it is okay to file i140 and dual intent visa change if status (L or H).

I have seen some cases that got denial after about year after submitting RFE response. Our time is the most valuable and limited asset that we have and I believe we should use everything to expedite our case.

I agree. Which is why I am using PP. Maybe once the EB2 NIW is approved, asking for an H1B1 would not be an issue, right?

I don't think it is an issue. just keep in mind that technically I 140 does not expire but you should have an intent to use it.

I had exact same situation. The officer challenged all prongs like I had sent no evidence whatsoever. It’s called a “broad brush”, technically illegal but it still happens. I would’t take it personal, that you lack any skills or something. You can look it up on the Internet. What you have to do is to rephrase the entire petition, all the evidence, plus adding a new ones (business plan of proposed endeavor is a must!) and kindly send it back to the officer. It worked in my case. I hope it will work in yours too😊

Hi R L! I am also a foreign trained attorney and recently got my green card through the NIW process. I filed my petition myself. I also received an RFE challenging all prongs. However, the RFE was fraught with errors and I made sure to point all of them out in my response. I referenced sections of the INA, the USCIS Policy Manual, and the relevant case precedent to support my arguments. And I made sure to rebut unreasonable arguments made by the adjudicating officer. I would suggest you tackle the RFE head on in a legal but respectful manner.

Hi Trish Del! thank you very much for your comment. I will definitely refer to the sources you mention, good idea. Also, I agree with attacking the RFE in a respectful way. My main issue is expanding my endeavor a bit to include more of an area mentioned in my initial filing and also included in my cv, but fully detailed as my endeavor or integral part of it in my initial filing.

hey @R L , I am in the similar situation, recieved a 3 prong RFE, with no reference back from any evidence I provided. would you mind sharing, how did you handle this situation? and what was your result ?

Hi @mw h my apologies for the delay in responding, but I am still waiting to hear from USCIS. I filed the RFE but got a denial decision, stating I fulfilled all requirements but two: national importance and the 3rd prong waiver. Substantial merit and the 2nd prong was established, so we filed a motion to reopen last September 2023 and got a new denial decision in May 2024, but the decision made the mistake of not considering at all the evidence filed in the motion to reopen so we filed an appeal last June along with a brief and more evidence as to the first prong. On Dec 17, 2024 I will be waiting for 6 months already so I am expecting a decision by late December at the earliest if not late January or even February 2025. Will keep you posted.