HerbertZhang

I am on EB1C and I got the RFE after 1 year waiting, the mailed RFE has not sent my hand yet, but after some research on website, I realized that the approval rate is very low if RFE is made. I am really frustrated, please any one who has similiar experience give me some advice?

Here is my case, I was engineering manager when I was in China, then I was transferred to US headquarter as senior engineer, but I still worked as some functional manger role just no direct report. I got promoted to principle engineer and then converted to senior manager very soon, now I got couple of engineers directly reporting to me. My EB1C staff was submitted when I was working as principle engineer one year ago.

ian-mstm

An RFE is made when more information is required. Until you get it, there's no way to know what they want... or how significant that might be.


What does the company lawyer say?


You're currently in the US and you're working. Can you please explain exactly what the problem is?

Ian

S Folinsky

Many RFE's are complied with with no problem. Without seeing the RFE and the concomitant file, it is impossible to evaluate.

The attorney handling the case should be knowledgeable and can discuss it with you.

Good luck.

HerbertZhang

I reached out my lawyer, she has not got the RFE package yet, she told me that she will keep me posted once package is reached and she starts to process, seems layer and my employer will handle it and might need my involvement later. But my point is, if layer prepares that submission good enough, the RFE could have been avoided.

Noorah101

Not necessarily, until you know what the RFE is for. USCIS sometimes loses paperwork from the file and then requests it again, which would not be the lawyer's fault.

Rene

ian-mstm

Sorry, but that's simply not true. It may comfort you to think so... but it's not true.

Ian

Orangepants

My OH had a RFE on his O-1 renewal which could have been avoided if the lawyer (and my OH) had listened to me. The lawyer submitted the renewal for 3 year time period and I informed him that only 1 year renewals are possible. The RFE was to inform that only 1 year renewals are allowed. He responded that he accepted this and RFE was cleared.

He then apologized for his oversight and deducted a $1000 from our Greencard application invoice.

S Folinsky

<sigh> I spend time in the immigration lawyer chat forums and a common bitch are the off-the-wall RFE's. Not only are they a PIA, it does not make for good client relations. Also, it is is problematic to charge fees for the RFE.

On the issue of "fault," it can lie in one or more places - the lawyer, the minions of the dark forces, the client or sometimes just bad luck (e.g. it goes to Officer "A" rather than Officer "B" in the adjacent cubicle.)

Good luck.