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I-140 approved with no RFE response: an error?

Key answer

It happens and is not necessarily an error: another officer may have reviewed the case and decided the original evidence was enough. Members have seen similar cases in family petitions and PERM cases where the status flipped from RFE to approved the same day. The chat's advice: contact a live USCIS agent, confirm whether an approval notice was sent, and wait for the paper notice. Caveat: a case can sometimes be reopened, so celebrate once the paper arrives.
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Community answers

The answers below are translated from the original Russian - the language of the community chats.

  • I have mainly seen such cases in family cases: they asked for bona fide evidence, and then reviewed it, and what was provided initially was enough. I also saw one PERM case where everything was attached, the status changed to RFE and then on the same day to approved.

  • Talk to a live USCIS agent: what is the latest update on your case, let them check if they sent you the approval notice. If yes, wait for the paper. Most likely, someone else looked at the case and approved it, possibly by accident. Sometimes they can reopen a case.

  • I am in the same situation: the lawyer sent the response to the RFE at the last moment. I also don't know how they will interpret it - as a delay or if they will still consider it. Please share how it goes for you, there are few such stories in the chat so far.

The answers are anonymized community experience from the public chats, not legal advice. Officers may decide similar cases differently.

Sources

All questions on: RFE and denialsAll questions on: Process and timelinesAll questions on: EB-2 NIWAll questions on: Green card

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A reference page built from community experience, not legal advice. Requirements and practice change - verify on uscis.gov.

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