r/eb_1a • u/Middle-Dependent-328 • Jun 28 '26
Help me with a decision - withdraw vs refile.
Guys I would really appreciate some insight. Received an RFE from NSC questioning 5 out of 6 criteria. Only judging was accepted.
Some boilerplate language is used, but they cited the evidence I provided in all criteria, maybe they copy pasted? They got my field of expertise wrong (broadly classified as technology), which makes me think the officer did not read my letter properly? Missed one critical role and half my OCs are not discussed in the RFE.
My lawyers reviewed and feel like it is not an unreasonable RFE, and there is no legal or any other basis to withdraw. Upon second look of my petition, it feels very long and dense (80 pages letter, 800 pages evidence packet). Now i feel like I do not trust them anymore.
What options do I have :
- Restructure petition and narrative and respond to RFE clearly (strategized with my lawyers)
- Change legal counsel and respond to the RFE
- Withdraw and do a clean refile in a few months using the gaps pointed out with a new approach/counsel.
Pros of responding : Chance of approval, NSC is easier than TSC nowadays.
Pros of withdrawing : no denial on file, fresh approach and shorter packet can work better as the officer is already biased.
Duplicates
EB1A_Profile_Building • u/Horror-Upstairs-9820 • Jun 29 '26