H-1B Denial Shock: RFE Reply Ignored Despite Proof?

You are facing a troubling situation if your H-1B Change of Status application was denied despite proper compliance. The issue arose after you moved from F-1 to H-1B status following completion of your studies.

USCIS cites missing RFE response

United States Citizenship and Immigration Services denied the application claiming it never received a response to a Request for Evidence. This came as a shock because your legal representatives had already sent the required documents.

Fragomen confirms timely delivery

The applicant’s law firm, Fragomen, confirmed that the RFE response was sent on time. They also hold FedEx proof of delivery with a signed receipt showing it reached USCIS before the deadline.

Clerical errors not uncommon

Immigration experts note that such not received denials are a known USCIS issue. These errors appear more often in cases filed under Premium Processing, where internal handling mistakes can occur.

Compliance does not prevent denial

Even when you follow all rules, a clerical lapse can still trigger denial. In such cases, applications get rejected despite the applicant remaining fully compliant with visa requirements.

Questions around filing addresses

There is speculation that large law firms sometimes use incorrect service centre addresses. While not confirmed in this case, address mismatches have previously caused similar delivery disputes.

Motion to Reopen planned

Fragomen has stated it will file a Motion to Reopen. This request asks USCIS to review the denial based on evidence that the RFE response was delivered correctly.

Deadline is critical

You must file the Motion to Reopen within 30 days of the denial notice. Ensure Fragomen includes FedEx tracking details and the signed delivery confirmation.

Risk of permanent denial

If you miss this step, the denial becomes final. You then face the burden of filing a fresh H-1B application, adding cost, delay, and uncertainty to your immigration process.