L1B RFE Timeline

[Crane]

Hi,

My company has filed an L1B individual petition for me under premium processing, I checked the status and it said that request for additional evidence has been sent and the processing would resume once the response to RFE is received by USCIS. I had few questions regarding this.

1. When I connected with global visa helpdesk of my employer they said that RFE details are sent via post and that it may even take upto 6 weeks to receive it. Is it true?
2. In generally what is the average time to submit the RFE details to USCIS ?
3. Is the response to RFE also sent via post or it can be submitted online?
4. USCIS mentioned to login and check the status online and the same we don’t have the credentials since it was filed by attorney. How to check the RFE Details online ?

Also, it would be great if someone can share their experiences about timelines with RFEs if they got one.

[Atty_Divij_Kishore]

Hi,

1. I presume you mean to ask how long it will take to receive the RFE Notice. It is correct that USCIS sends the notice by regular mail. However, since the Petition was filed with a request for premium processing, the RFE could also have been faxed to your employer. The USCIS does this in most premium processing cases but not in all of them. If the RFE is not received within 4 weeks from the date it was issued, your employer (not you) or their attorney can call USCIS premium processing unit with which your case is pending. There is also an email address that they can send an email to. Normally, RFEs are received within 2 weeks for the date on which they are raised.
2. The RFE Response is required to be submitted within 90 days of the date of the RFE Notice. Some RFEs may allow lesser time, but it cannot be more than 90 days.
3. The RFE Response will need to be mailed in. However, if your petition was filed online or your employer's USCIS Online Account information was provided in the Petition, it may be possible for the response to be filed online. In case the response to your RFE is less than 25 pages, it can also be faxed - specially in premium processing case. This is rarely the case for L-1B RFEs. Most practitioners rely on FedEx Overnight delivery to ensure that RFE Responses are filed in a timely manner.
4. Your employer's online account will have the L-1B Petition and its notices (including the RFE) saved only if their account number was quoted when the petition was filed or if the petition was filed online. Their lawyers will also be able to login to their attorney accounts to see the same information and notices. You will not be able to access these accounts. While you are the beneficiary of the petition, the petition is owned by your employer. Therefore, all correspondence from USCIS will go to your employer only.
5. The timeline for responding to an RFE depends on the issues raised in the RFE, the contents of the L-1B Petition, and the overall merits of the case. Some RFEs can be responded to in a matter of days. Others can take the full period available to be responded to. If there is an urgency in your case, your employer and their counsel may be able to prioritize the RFE Response in your case.

All the best!