The revisions in the Jpolicy memorandum is intended to restore consistency. It has given rise, however, to a different set of problems, which are inconsistencies within the adjudications process. The flexibility inherent in the 2007 regulatory changes was intended to enhance efficiency and case processing times.
Problem: Inconsistency Within USCIS Requires Intervention These changes were reported to MurthyDotCom and MurthyBulletin readers in our article, USCIS Regulation on Response Time for RFEs and NOIDs.
#H1b rfe response file time how to#
The USCIS issued a guidance memorandum, with instructions to adjudicators on how to determine appropriate RFE deadline length. The 2007 regulatory changes eliminated a long-standing standard RFE response time of 12 weeks to a flexible time, to be determined by the adjudicator. In April 2007, the USCIS changed the regulations regarding deadline timeframes appropriate for responses to RFEs. Background: Pre-April 2007 and Post-April 2007 Timeframes The USCIS memorandum does not change any existing deadlines for RFEs that were issued before July 7, 2011. We at the Murthy Law Firm, have submitted comments to the USCIS regarding these interim changes, as allowed under the law. As explained below, in many cases, this permits longer response times. The purpose of the changes is to improve consistency in the time applicants and petitioners are allowed for responding to RFEs. The interim memorandum became effective immediately for RFEs issued after July 7, 2011, the date of the memo. Citizenship and Immigration Services (USCIS) has issued an interim policy memorandum that changes the timeframe for responding to various requests for evidence (RFEs).
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