Can I (beneficiary) get RFE copy from USCIS ?

Non Immigrant Visas 2 views 5 answers
My employer has filed my H1B application (New Cap-exempt) in premium processing and the status changed to RFE on 22 June, 2015. However, my employer says that they have not yet received RFE letter. How much time usually it takes to get RFE letter copy ? Does USCIS sent soft copy & fax as well in advance before sending hard copy ? Is it possible for me to request RFE copy using USCIS e-request or any other way ? Does USCIS share copy with H1B candiates/beneficiaries ?

Attorney Answers

5
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
No. The H-1B petition being the employer's petition, it is also the employer's property. Only the employer's immigration lawyer, as the attorney of record will get the RFE, or the employer directly, if unrepresented. No one else has the right - matter of privacy and confidentiality.
0 upvotes
Jeffrey Kilmark ·
The RFE should have been sent already, but your employer's counsel would be the one to request a copy if in fact it was not received.
0 upvotes
Stephen Berman ·
When you are premium processing, you should get the RFE right away, often by email or fax. Perhaps your employer's attorney has it. Since it is not your application USCIS may not agree to provide you with a copy, although you can certainly call and ask.
0 upvotes
Meenu Sharma ·
No, you can not request a copy of RFE, it is employer based petition. It takes 7 to 14 days to receive it.
0 upvotes
Tripti Sharma ·
Let the employer respond to the RFE. There is no obligation to inform the beneficiary.
0 upvotes