Will USCIS refund H-1B premium processing fees if 15 business day timeline is not honored ?


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History of my concurrent H-1B, H-4 and H-4 EAD applications:

1. Above applications were filed concurrently on May 12, 2023. H-1B applied in premium processing. 

2. A few days later, company attorney was informed that H-4 EAD check was misplaced by USCIS. And USCIS cancelled the H-4 EAD application. Later USCIS found the check and asked to resubmit H-4 EAD application. It was resubmitted on May 23, 2023.

3. We received receipt notice for H-4 EAD and my spouse's name was misspelt by USCIS (H4 receipt notice had correct name). A service request was on May 30, 2023 by my lawyer to correct the name, which still hasn't  been actioned upon. 

The errors in # 2 and # 3 are from USCIS side. No action has been taken on H-1B application and I am well past 15 business days timeline.

My question is will USCIS refund H-1B premium processing fees? If so, how and when will it happen ? If not, should USCIS return it? 

Edited by kickthecan
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