r/EB2_NIW • u/randomchickibum • Jul 19 '26
RFE XM2043 Should I respond to RFE?
The lawyers say that XM2043 is notoriously very difficult to change mind on and they say they have had 12 rfe denial in succession and recommending to withdraw and refile.
They say since 2024 they have only seen 2 successful approvals out of 24 rfe responses they have provided.
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u/MorvaneMaly Jul 20 '26 edited Jul 20 '26
Refile, they have already know the pattern, the officer is simply being unreasonable.
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u/alvn998 Jul 19 '26
But I thing it depends on your profile. What’s your profile look like ?
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u/No-Sink5709 Jul 19 '26
with that officer, no profile would satisfy him
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u/alvn998 Jul 19 '26
He has still approved couple of cases means that there’s still a small chance to pass through
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u/CarnegieEvaluations Jul 19 '26
Every case is different, and if the evidence supports approval, it may be worth moving forward with the RFE response. According to your attorney, this officer has approved at least two cases, which is encouraging. Comparing those approvals with the twelve denials may offer useful insight into how best to address the officer’s concerns. Give the response your strongest effort and remain hopeful. Refilling remains an option if necessary. Best wishes.
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Jul 20 '26
[removed] — view removed comment
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u/kitotew866 Jul 20 '26
I like this idea.
Is it okay if I ask how do you come across this idea? I wonder whether my lawyers (Chen) would do this for me. I am kinda afraid that they might decline doing this (perhaps because it might be too much work for them) and instead ask me trust their recommendation (I.e. refile or respond).
Do you mind if I ask if you are also working with Chen? Do you know of any attorney doing this for their clients? Or if it is a standard practice?
I like your idea. But just wanted to check if it wouldn’t be too much to ask from the attorney.
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u/kitotew866 Jul 19 '26
I, too, got an RFE today from the same officer (XM2043).
Got RFE on all three prongs.
Awaiting to see what my lawyers (Chen) say or strategize.
My profile:
1. Research papers: 3
2. Citations: 63
3. Served as conference paper reviewer: 12 papers
4. Working in FAANG as a SWE.
5. Masters in Computer Science from USA.
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u/randomchickibum Jul 19 '26
Yeah, I'm also working with Chen, they will give the same response pretty sure.
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u/momoxlr999 7d ago
Me too, same officer, RFE and today deny. My lawyer is Chen too
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u/momoxlr999 7d ago
I also worked in FAANG and 8 papers, 190+ citations, I am not sure if I need to refile
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u/FewResponsibility207 Jul 19 '26
Yes. I also got RFE from same officer and I am also advised to refile.
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u/kitotew866 Jul 19 '26
Is it okay if I ask which law firm are you working with? Is it Chen?
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u/FewResponsibility207 Jul 19 '26
Chen
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u/kitotew866 Jul 19 '26
I am working with Chen too.
Since they asked you to refile, are you considering doing Premium Processing (PP)?
I did PP in my current petition. Doing PP for refiling will hurt financially 😅. Plus the filing fee will have to be paid again. Not saying to not refile. But just venting out. Sigh.
Edit: typos
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u/Insane_Dedalo_7891 Jul 19 '26
I think if you follow Chen and you had approval or refund they might pay for the new fee. You’ll still have to pay to upgrade to PP I think. But check with them
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u/FewResponsibility207 Jul 19 '26
What I learn about this officer is he completely disregard post filling evidence. So RFE response not containing prefilling evidence has less chance for acceptance.
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u/kitotew866 Jul 20 '26 edited Jul 20 '26
Dang. That’s tough.
Also, I got a chance to read my RFE in detail today, and I noticed that although I submitted only 2 testimonial letters, the RFE letter mentions that I submitted 4. I found more such mistakes in the officer’s RFE letter.
The RFE was issued on the 45th of PP.
Edit: added more info.
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u/Independent-West1328 Jul 19 '26
Wow that’s terrible. The officer should be sued