RFE processing time and Upgrading t=it for premium processing

[Samasthitha]

Hi everyone

I have applied through a company for my H1-B in may 2011. I got RFE notice on aug 2011 for which a response was sent. The USCIS received it on october 14 and have updated my status. It's been more than 100 days now post RFE recepit yet I have no response from them. Status still says "response review"

Now the question is I want to upgrade my case to premium processing for which my company says it cannot be done now because there is nothing as "premium processing" for RFE per se. So if premium was to be done, it should have been done at the finish of H1-B cap count (november 2011) or at the beginning of a new cap count which is april 2012. This sounds ridiculous to me.

Can the company upgrade my H1-B (at any given point, since I have not heard form the USCIS) to premium processing irrespective of the RFE?

Somebody please help.

[Chitown01]

On RFE, they must have mentioned, if you dont hear back from us within 60 days of replying contact our office.... Your Attorney should have contacted USCIS long back, asking for the status of the application.

Your company[ attorney ]can definitely upgrade the processing to Premium at anytime. Either they can pay for it or YOU. (USCIS allows beneficiary to pay PP fees). Attorney will have to send check and additional information like receipt number and another cover letter asking for upgrade to premium, once they check gets deposited and you should hear back from them within 15 business days i guess.

[Samasthitha]

Thank you for the response. That's helpful

Unfortunately my case got denied and i am highly disappointed.

I have to move one, so planning to applying through another company. I had a query regarding my cae. If i apply (fresh application)through another comapny will I be still counted in the 2012 cap count ? My last application was dated May 2011.

[jasmine1986]

@Sonali : Hey..I am sorry to hear this news..I think your employer can raise a Motion to reopen request with USCIS but I am not sure of this..check with your employer if it is possible..

Is yours H4 to H1 COS ? Where is the processing location VSC\CSC?

[Samasthitha]

jasmine, mine is a COS from H4 to H1b and its CSC

[jasmine1986]

@iaminfix : Thanks for the response.I am also COS from H4 to H1 at CSC.Mine is RFE response review since September.

I was bit tensed after reading you post.May I know the reason for the denial of your case.Is you employer raising any request to USCIS to reopen your case ?How are you proceeding next ?

[Samasthitha]

Jasmine I got a surprising news (the same day of my denial) that my case was amended when I got RFE (in oct) . So I have a new receipt number and a new case altogether. That was relieving. So my new case is in the initial review. On feb 17 it would be 4 mnths post new filing. I would as well request for a premium processing. Meanwhile in your case ask the attorney or employer to request for a call to the USCIS and try to get to know what's happening in your case. hope this helps.

[jasmine1986]

@iaminfix : Thats a good news.My employer already raised a service request to USCIS in Dec 9 and on Jan 3 they sent letter stating that we would receive an update within 45 days.By feb 18th,the 45 day period will be over and if I do not receive any update within that time I would also request for PP.