sg17681 Posted August 24, 2015 Report Share Posted August 24, 2015 I received RFE in Feb and my employer replied in May. It's been more than 3 months and still now I haven't recieved any reply. Is it ok to convert case from normal to premium process ? Do you see any consequence switching the case from normal to premium process after recieving RFE ? Thank you for any comments/suggestions. Link to comment
jairichi Posted August 24, 2015 Report Share Posted August 24, 2015 You can upgrade to PP. It has no effect on outcome of H1B petition. Link to comment
vaibchou Posted August 25, 2015 Report Share Posted August 25, 2015 I received RFE in Feb and my employer replied in May. It's been more than 3 months and still now I haven't recieved any reply. Is it ok to convert case from normal to premium process ? Do you see any consequence switching the case from normal to premium process after recieving RFE ? Thank you for any comments/suggestions. I am sailing the same Boat , My case manager says it will take more time if we convert from normal to premium . Did you get second RFE after upgrading it to PP ? your inputs will help me to make a decision. Regards - Vaibhav Link to comment
jairichi Posted August 25, 2015 Report Share Posted August 25, 2015 I am sailing the same Boat , My case manager says it will take more time if we convert from normal to premium . Did you get second RFE after upgrading it to PP ? your inputs will help me to make a decision. Regards - Vaibhav Your case manager is wrong. If upgraded to PP you will get a decision within 15 calendar days. Ask him/her where this "more time" come from? Link to comment
Attorney_15 Posted September 2, 2015 Report Share Posted September 2, 2015 You either upgrade to premium with a small chance of another RFE and actually get a decision or don't upgrade to premium and wait for USCIS to take it's sweet time. Cases often take a long time at USCIS because your's is not the only one and regular processing can just be slow. Link to comment
Jack.mm Posted October 12, 2015 Report Share Posted October 12, 2015 Hi, I quit from my previous employer and my last working day (LWD) was on 08 Sep 2015. However I served a severance period of 1week i.e till 15 Sep 2015. I have payslip till 15 Sep 2015 and the employer also informed USCIS that my LWD was 15 Sep 2015.My new employer filed my I129 with USCIS for H1B transfer on 28 Sep 2015 in premium. Today I received a RFE from the USCIS which states "I'm not in status for 13 days, since my previous employment ended on 15 Sep 2015 and the new employer filed on 28 Sep 2015."USCIS is expecting an evidence for the delay in filing the H1B visa transfer. Please help me how to handle the current situation ? Link to comment
jairichi Posted October 13, 2015 Report Share Posted October 13, 2015 Hi, I quit from my previous employer and my last working day (LWD) was on 08 Sep 2015. However I served a severance period of 1week i.e till 15 Sep 2015. I have payslip till 15 Sep 2015 and the employer also informed USCIS that my LWD was 15 Sep 2015. My new employer filed my I129 with USCIS for H1B transfer on 28 Sep 2015 in premium. Today I received a RFE from the USCIS which states "I'm not in status for 13 days, since my previous employment ended on 15 Sep 2015 and the new employer filed on 28 Sep 2015." USCIS is expecting an evidence for the delay in filing the H1B visa transfer. Please help me how to handle the current situation ? The answer is you were out of status. That should be the reply and your attorney will handle this. You will get an I797 without I94. Link to comment
Attorney_15 Posted October 16, 2015 Report Share Posted October 16, 2015 A severance package is not maintaining H1B status. And USCIS has picked up on people trying to make it look like they are in status. RFEs now more commonly ask for a resignation or termination letter or other evidence of the last day of work. If you want to try and salvage an approval with an I-94 Card that the employer needs to be up-front and honest with USCIS and ask for them to use their discretion favorably to approve with the I-94 Card. Link to comment
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