Not received H1B receipt after 1 month

[gpk]

Hi All,

my company attorney filed my H1b transfer in premium processing on Sep 18th(after they removed premium processing, not sure why attorney did that.)

 

on sep 26, they received update from USCIS saying, no more premium processing till feb, and we are redirecting your application to regular processing and sent the premium processing check back.

 

now it’s more than 1 month, still didn’t received the receipt and the H1b fee check was not cashed by USCIS.

 

what are my options now?

[Chicagom34]

36 minutes ago, gpk said:

Hi All,

my company attorney filed my H1b transfer in premium processing on Sep 18th(after they removed premium processing, not sure why attorney did that.)

  

on sep 26, they received update from USCIS saying, no more premium processing till feb, and we are redirecting your application to regular processing and sent the premium processing check back.

 

now it’s more than 1 month, still didn’t received the receipt and the H1b fee check was not cashed by USCIS.

 

what are my options now?

A. Talk to your attorney

B. Have them call USCIS

[Kerwin Ross]

We will continue premium processing of Form I-129 H-1B petitions that are not currently suspended if the petitioner properly filed an associated Form I-907 before Sept. 11, 2018. Therefore, we will refund the premium processing fee if:

The petitioner filed the Form I-907 for an H-1B petition before Sept. 11, 2018; and
We did not take adjudicative action on the case within the 15-calendar-day processing period.

https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays

Since this is a H1B transfer case, I am assuming that you have transferred to a new employer.

You may want to follow up regularly with your new employer's immigration team and seek answers because it jeopardizes your existing H1B status. Not to scare you but you may want to research options if any of going back to your previous employer if this transfer was messed up.

Since you had mentioned "H1b fee check was not cashed by USCIS", are you aware that they sent two checks one for I129 which is your H1B Transfer fee and one for  Form I-907 which is for premium processing fee and only your premium processing fee has been returned and not your transfer fee.

You may also want to understand this process better, please see https://www.murthy.com/2017/04/20/h1bs-cannot-be-transferred-misconceptions-around-h1b-employment-change/

 

[gpk]

14 hours ago, Kerwin Ross said:

We will continue premium processing of Form I-129 H-1B petitions that are not currently suspended if the petitioner properly filed an associated Form I-907 before Sept. 11, 2018. Therefore, we will refund the premium processing fee if:

The petitioner filed the Form I-907 for an H-1B petition before Sept. 11, 2018; and
We did not take adjudicative action on the case within the 15-calendar-day processing period.

https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays

Since this is a H1B transfer case, I am assuming that you have transferred to a new employer.

You may want to follow up regularly with your new employer's immigration team and seek answers because it jeopardizes your existing H1B status. Not to scare you but you may want to research options if any of going back to your previous employer if this transfer was messed up.

Since you had mentioned "H1b fee check was not cashed by USCIS", are you aware that they sent two checks one for I129 which is your H1B Transfer fee and one for  Form I-907 which is for premium processing fee and only your premium processing fee has been returned and not your transfer fee.

You may also want to understand this process better, please see https://www.murthy.com/2017/04/20/h1bs-cannot-be-transferred-misconceptions-around-h1b-employment-change/

 

1

Yes, they sent 2 separate checks. And USCIS returned the premium processing check. 

[Kerwin Ross]

Just FYI , someone I personally know filed for H1B Transfer with new employer 

Within 15 days he received the receipt number from USCIS.

The petition was sent to Vermont Service Center.

This is what the text on USCIS Website Says

"On October 21, 2018, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number xxxxx, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by November 20, 2018, please call the USCIS Contact Center at 1-800-375-5283."

Your immigration team may want to get in touch with USCIS and check the case status if it is in their system already with a receipt number that may have been lost in transit or track your application packet since you had originally mentioned "we are redirecting your application to regular processing", did they mean they were moving it across different service centers.

If I find any other information that I think which may add value and be of any help I will return and keep you posted.