How long do I have to respond to an RFE, and can I get an extension?

At most 12 weeks (84 days), plus 3 days if mailed, but the date on your notice controls. Since August 2026 some RFEs allow much less time. Extensions are not permitted, so start right away.

Can I send part of the RFE response now and the rest later?

We advise against it. USCIS treats any response as a request for a decision on the record and will not wait for more. File the strongest complete package you can before the deadline, and explain any unavailable document with substitute evidence.

What is the difference between a NOID and an RFE?

An RFE asks for more evidence. A NOID means USCIS intends to deny and is giving you a last chance to rebut, with no more than 30 days to respond. A NOID usually lists specific grounds, and each needs its own answer.

My case was denied. Should I appeal or file a motion?

If you have new evidence showing you qualified when you filed, a motion to reopen usually fits; if USCIS misapplied the law or policy, a motion to reconsider. Most employment-based petitions such as H-1B and I-140 can also be appealed to the AAO. I-130 denials go to the Board of Immigration Appeals on Form EOIR-29. These are generally due within 30 days, so decide quickly.

Will I be deported if my I-485 or work visa is denied?

It depends on whether you have other lawful status at the time. Under USCIS's 2025 policy, USCIS issues a Notice to Appear to people who are not lawfully present when a case is denied. Whether to stay and pursue a motion, renew the application in immigration court, or leave and apply again should be decided with counsel promptly.

Is refiling faster than appealing?

Sometimes. If the problem can be fixed with better evidence or a different argument, a new filing is often faster than waiting on an appeal. We have handled an O-1 that was refiled from abroad after a denial and approved in 9 days. Refiling means new government fees and status questions, and H-1B filings from abroad involve a fee policy still in litigation, so each point should be checked first.

Can I reuse my medical exam if I refile a denied green card case?

Generally no. Since June 11, 2025, an I-693 is valid only while the application it was filed with is pending. After an I-485 is denied or withdrawn, a new application needs a new exam.

Another provider handled my case. Can you take over, and what do you need?

Yes. Send the complete original filing (forms, petition letter, exhibits), receipt notices, and a full scan of the RFE, NOID or denial. If pieces are missing, tell us the deadline first and we will rebuild the record together.

RFE, NOID & USCIS Denial Help | Lingtu Law, Los Angeles

Are you facing any of these?

An RFE with a shorter deadline than expected

RFEs used to come with the full 12 weeks. Since August 5, 2026, officers may set shorter periods case by case, and some RFEs now allow about 30 days. Check the due date on your notice first.

A NOID or NOIR

A Notice of Intent to Deny or Notice of Intent to Revoke means USCIS is already leaning toward denial or revocation. The response window is generally no more than 30 days.

Your case was denied

An H-1B, O-1, EB-1A, NIW, I-485 or I-130 was denied and you want to know what can still be done. Motion and appeal deadlines usually run from the date the decision was mailed, not the date you received it.

Someone else filed it and you want new counsel

You filed yourself or used another provider, and now need someone to rework the whole record after an RFE or denial.

Your status is ending or has ended

If you are in the U.S. without lawful status when a case is denied, USCIS's 2025 policy says it will issue a Notice to Appear (NTA). Timing and strategy have to be planned together.

What we handle

Every engagement starts with a diagnosis of the original filing.

Review of the original filing

We pull the forms, petition letter and exhibits and compare them line by line with the RFE or denial: missing evidence, evidence that does not match the standard, or a flawed theory of the case.

H-1B RFEs

Specialty occupation, whether the position is bona fide, LCA consistency, third-party worksites, no physical office, and petitions where the beneficiary owns the company (beneficiary-owner).

O-1, EB-1A and NIW RFEs

O-1A requires at least 3 of 8 criteria plus an overall evaluation; EB-1A requires 3 of 10 criteria plus a final merits determination; NIW is argued prong by prong under Matter of Dhanasar.

Marriage and I-485 RFEs

Bona fide marriage evidence, the I-864 affidavit of support (sponsor income generally at least 125% of the poverty guidelines, or a joint sponsor), the I-693 medical exam, and public charge questions under the rules in effect from September 18, 2026.

NOID and NOIR responses

A point-by-point answer to each ground USCIS lists, with the key evidence added, to change the outcome before a decision issues.

I-290B motions and AAO appeals

We decide between a motion to reopen, a motion to reconsider, or an appeal to the Administrative Appeals Office (AAO), and file on time.

Refiling

Fixing the problem and refiling is sometimes faster than appealing. We compare time, cost and status risk, and can arrange filing from abroad when that makes sense.

Status and NTA risk review

Whether you can stay, how long, and when to leave are assessed before we commit to a strategy. If immigration court or federal court is involved, we explain the path and the timing.

RFEs, NOIDs and denials: the rules that matter

Based on current USCIS policy and federal regulations. The deadline on your own notice always controls.

RFEs: 12 weeks at most, no extensions：By regulation an RFE response period cannot exceed 12 weeks (84 days), and USCIS does not grant extensions. Since August 5, 2026, officers no longer give the full 12 weeks by default and may set a shorter period. Add 3 days if the notice was mailed; USCIS no longer adds 14 extra days for notices mailed abroad.
NOIDs: 30 days at most：A NOID response period cannot exceed 30 days, plus 3 days if mailed, and may be shorter. A Notice of Intent to Revoke usually allows about 30 days; follow the date on the notice.
One response, everything at once：Submit all requested materials together with the original notice. Any response, even a partial one, is treated as a request for a decision on the record. There is no second round.
If you miss the deadline：USCIS will deny the case as abandoned, on the record, or both. A denial for abandonment cannot be appealed; the only route is a motion to reopen.
Denial without an RFE is now possible：Since August 5, 2026, if required initial evidence is missing or the filing does not establish eligibility, USCIS may deny without issuing an RFE or NOID. The first filing needs to be complete.
After a denial: generally 30 days：Motions and appeals are filed on Form I-290B, generally within 30 days of service (33 if mailed), and for mailed decisions service means the mailing date. Appeals of a revoked immigrant petition are due in 15 days (18 if mailed). The I-290B government fee is currently $800. Late appeals are rejected; a late motion to reopen is excused only if the delay was reasonable and beyond your control.
NTA risk after a denial：Under USCIS's February 28, 2025 policy memo, USCIS will issue a Notice to Appear when a person is not lawfully present in the U.S. at the time of an unfavorable decision. Filing a motion or appeal generally does not stay the decision.

How we work

Calculate the deadline

The day you send us the notice, we confirm its type, issue date and method of service, set the final filing date and plan backward from it.

Review the original filing

We read the full original record against the RFE, NOID or denial and write up the issues: what evidence is missing and where the argument missed the legal standard.

Choose a strategy and quote

We explain the available routes (response, motion, appeal, refiling) with timing and risk for each, and give a written quote after the assessment.

Build the evidence and the brief

We give you a list of documents to gather, help with recommendation letters, company, financial or marriage evidence, and draft a point-by-point response.

File once and follow up

Everything is filed together before the deadline, with proof of delivery kept. When the decision comes, approved or not, we discuss next steps with you.

Fees

Free initial phone call

Tell us what notice you received and when it is due, and we will tell you whether a consultation is needed.

Paid attorney consultation

When you need an attorney to review documents and give specific advice, we schedule a paid consultation and tell you the fee in advance.

Quote after assessment

For an RFE response, motion, appeal or refiling, we quote after reviewing the original filing, itemized in the engagement agreement.

USCIS filing fees (for example, the I-290B fee) are not included in attorney fees and are paid separately at USCIS's current rates.
During the engagement, we respond to questions about your case within 1 business day.
We do not guarantee any USCIS outcome.

Frequently asked questions

The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.

RFE, NOID and USCIS Denial Responses