1. The RFE Means That Further Evidence Is Required for Your Pending I-140 Application

When you file an I-140 Green Card application for an EB1-Extraordinary Ability, EB1-Outstanding Researcher or Outstanding Professor, or EB2-National Interest Waiver (NIW), the USCIS examiners may either approve your application, or request for additional evidence if they can not make the decision immediately.

The Request For Evidence (RFE) does not mean that the original I-140 filing was incomplete. The RFE really means that further evidence is required for your pending I-140 application, for the USCIS officers to decide approval or rejection of your application. The RFE does not change the pending status of the underlying application of I-140. 

If your get a Request For Evidence from USCIS for your I-140 application, it does not mean that your application may very likely be rejected. For each petition, the situation is quite different, and it depends on the nature of the RFE notice and the the requirements listed in the RFE. In general, with a very careful and complete response to the RFE, a lot of petitions are eventually got approved, but some petitions do get rejected. 

Most RFEs contain requests for reasonable information. These may ask for more information about journals in which the applicant's publications have appeared, or details about fellowships, awards, or memberships. But sometimes, a RFE may be excessive. When an RFE of this type is received, it is important to carefully argue the required information. 

2. You Must Submit All of the Requested Evidence

When your petition can not be immediately adjudicated, a request for additional evidence is generated. During the time of 12 weeks, you must submit all of the requested evidence, and answer all questions in the RFE.

No extension of this twelve-week response time is possible. Also there is no interim benefits will be granted during the time waiting for additional evidence to be submitted. If a response is not received within the time limit, the case will be considered abandoned and denied; the denial may not be appealed.

Evidence submitted without the RFE letter and/or proper return mailing envelope will be difficult to match up with the pending case, and may be treated as general correspondence. 

It is critical to appropriately and proficiently reply the USCIS issued Request For Evidence, incorrect response of the RFE will directly result in your I-140 petition rejection. 

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