You generally have 60 days to respond to a Request for Evidence (RFE) for an H-1B petition. This deadline is explicitly stated on the RFE notice you receive from U.S. Citizenship and Immigration Services (USCIS).
Understanding the H-1B RFE Deadline
When USCIS requires additional information or documentation to make a decision on your H-1B petition, they issue an RFE. It's a critical step in the adjudication process, and adhering to the specified deadline is paramount.
The Crucial 60-Day Window
The standard response period for an H-1B RFE is 60 days from the date the RFE was issued. It's vital to:
- Locate the Exact Date: Always refer to the RFE notice itself, as the precise due date will be printed on it.
- Calculate Carefully: Factor in mailing time if you are submitting by post, ensuring the response is received by USCIS before the deadline.
Non-Negotiable and Non-Extendable
A critical aspect of the H-1B RFE deadline is its strict nature:
- No Extensions: The 60-day response period for an RFE cannot be extended. This means there are no provisions for requesting additional time, regardless of the complexity or volume of the requested evidence.
- Impact of Missed Deadlines: Failing to submit a complete response by the specified due date will almost certainly lead to the denial of your H-1B petition.
Key Considerations for an H-1B RFE Response
Responding to an RFE requires meticulous attention to detail and a thorough approach.
- Comprehensive Review: Carefully read through the entire RFE to understand precisely what information or documents USCIS is requesting. RFEs often highlight specific areas of concern that need to be addressed.
- Evidence Collection: Gather all requested evidence promptly. This may involve obtaining academic records, employment verification letters, financial documents, project details, and more. Ensure all documents are accurate and complete.
- Structured Submission: Organize your response clearly, often matching the order of the requests in the RFE. Include a cover letter summarizing the contents and referring to each piece of evidence provided.
- Timely Filing: Ensure your complete RFE response packet is mailed and received by USCIS well before the deadline. It is often advisable to use a mailing service that provides tracking and delivery confirmation.
- Seek Expert Guidance: Given the complexities and the high stakes involved, consulting with an experienced immigration attorney is highly recommended. They can help interpret the RFE, advise on appropriate evidence, and ensure the response is robust and compliant with immigration regulations.
H-1B RFE Deadline Summary
| Aspect | Details |
|---|---|
| Standard Deadline | Generally 60 days from the RFE issuance date |
| Where to Find | Stated explicitly on the RFE notice from USCIS |
| Extension Policy | The deadline is not extendable under any circumstances |
| Consequence of Delay | Failure to respond on time will lead to the denial of the H-1B petition |
Responding effectively and on time to an H-1B RFE is crucial for the success of your petition.
