Hi Guys
For our benifit, I am pasting this info that I got from immigration-law.com
please go through this and will be helpful to all of us in dealing with the RFE
* The USCIS is expected to implement within this month or early March a new rule removing the current absolute requirement for, and the fixed regulatory time limitations on responses to a USCIS RFE or NOID. These changes will enable USCIS to set an appropriate deadline rather than fixed 12-week deadline for responding to an RFE or NOID, specific to the type of case, benefit category, or classification reducing the time a case is held awaiting evidence allegedly to reduce average case processing time. Under current regulations, there are certain situations in which USCIS must issue an RFE, and in all cases in which an RFE is issued, USCIS must provide a standard 12-week response time. USCIS will replace the current 12-week response period with a more flexible approach, setting response periods based on various factors such as the type of benefit sought; the type of application or petition filed; the type of evidence needed for adjudication; the source and availability of documentation (both foreign and domestic); etc. USCIS will remove most provisions that require issuance of an RFE or Notice of Intent to Deny (NOID) in order to allow USCIS greater flexibility in deciding cases based on the information received, including initial evidence and other relevant materials. USCIS, in its discretion, may deny a petition or application when required initial evidence is missing. If an applicant or petitioner fails to submit the required initial evidence, and USCIS decides to deny the application or petition rather than issue an RFE, the applicant or petitioner may file a motion to reopen, with fee, as provided under 8 CFR 103.5 or file a new application or petition. The applicant or petitioner may also file an appeal of the denial if other regulatory or statutory authority exists for such appeal.
* Considering the fact that this change may take place within about a month or so, people should soon pay attention to the two things: (1) Make sure that all the "initial evidence" be meticulously collected and filed for each petition and application in order not to face unexpected denial of the application or petition without receiving a RFE. "Initial Evidence" is usually set forth in the filing instruction sheets for each application or petition. (2) When they receive a RFE, they should read very carefully the deadline for response as it can vary rather than the current 12-week time, being defnitely shorter than 12 weeks in most cases. Under the USCIS rule, failure to response to the RFE or NOID before the deadline is considered "abandonment" and case will be automatically denied. Please stay tuned to this web site for the upcoming announcement of this change.
For our benifit, I am pasting this info that I got from immigration-law.com
please go through this and will be helpful to all of us in dealing with the RFE
* The USCIS is expected to implement within this month or early March a new rule removing the current absolute requirement for, and the fixed regulatory time limitations on responses to a USCIS RFE or NOID. These changes will enable USCIS to set an appropriate deadline rather than fixed 12-week deadline for responding to an RFE or NOID, specific to the type of case, benefit category, or classification reducing the time a case is held awaiting evidence allegedly to reduce average case processing time. Under current regulations, there are certain situations in which USCIS must issue an RFE, and in all cases in which an RFE is issued, USCIS must provide a standard 12-week response time. USCIS will replace the current 12-week response period with a more flexible approach, setting response periods based on various factors such as the type of benefit sought; the type of application or petition filed; the type of evidence needed for adjudication; the source and availability of documentation (both foreign and domestic); etc. USCIS will remove most provisions that require issuance of an RFE or Notice of Intent to Deny (NOID) in order to allow USCIS greater flexibility in deciding cases based on the information received, including initial evidence and other relevant materials. USCIS, in its discretion, may deny a petition or application when required initial evidence is missing. If an applicant or petitioner fails to submit the required initial evidence, and USCIS decides to deny the application or petition rather than issue an RFE, the applicant or petitioner may file a motion to reopen, with fee, as provided under 8 CFR 103.5 or file a new application or petition. The applicant or petitioner may also file an appeal of the denial if other regulatory or statutory authority exists for such appeal.
* Considering the fact that this change may take place within about a month or so, people should soon pay attention to the two things: (1) Make sure that all the "initial evidence" be meticulously collected and filed for each petition and application in order not to face unexpected denial of the application or petition without receiving a RFE. "Initial Evidence" is usually set forth in the filing instruction sheets for each application or petition. (2) When they receive a RFE, they should read very carefully the deadline for response as it can vary rather than the current 12-week time, being defnitely shorter than 12 weeks in most cases. Under the USCIS rule, failure to response to the RFE or NOID before the deadline is considered "abandonment" and case will be automatically denied. Please stay tuned to this web site for the upcoming announcement of this change.