I-140 Premium Processing Fee returned

[dudd28]

Hi,

I have a approved I-140 with my company but recently i have noticed a error on I-140 (The work location on 140 does not match the location for which labor was filed). and since this was already approved, my attorney said we cannot do an amendment but file a new I-140.

My PD(Feb-2008, EB2) got current in January and the attorney filed my I-485 concurrently with a Premium Processing I-140. But just this week, there was a update on CIS site for my I-140 Premium processing and this is what it says.

"On February 2, 2012, we decided to refund the fee on this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Once we complete our fee return processing, we will mail your refund to the address on record. This refund does not otherwise affect the processing of this case. It was receipted on February 2, 2012, and we mailed you a notice describing how we will process your case. Please follow any instructions on this notice. This case is at our TEXAS SERVICE CENTER location. If this case was not completed before this fee refund, we will notify you by mail when we make a decision or if we need something from you."

Can someone please help me understand what this means? Is this I-140 not processed in premium anymore? and the update says the fee is refunded, so both the application fee and the premium processing or just the PP fee?

I would really appreciate if someone can help me here.

thanks

[deepapk]

Hi dudd28,

I am not an expert, but I feel they might process your I 140 application as "regular processing".

I have few questions for you,

1. Do you mind sharing when did you send you applications?

2. Did you receive email notification for I140 premium processing? If yes, within how many days of filing?

3. Did you pay $580 for I140 amendment?

4. Is USCIS returning your premium processing fees only?

5. Did you receive receipt notices for I485, I140? If yes how long did it take to get those notices?

Thank you.

[dudd28]

Deepak,

My 485 and 140 both have a receipt date of Jan 13th 2012. Since my I140 was premium processing, my attorney received a receipt notice 3 days after filing. The I140 is not an amendment but a brand new filing. Per my attorney, an amendement can only be filed if your previous 140 was not approved. Once approved, there is no question of amending it. you have to file a new I140 and that is what he did. I did not pay anything.. by law, you are not supposed to pay for it, 140 is a employer petition and they pay for it. I am not sure about what is being returned PP fee or the application fee.. i would know more next week once my attorney received the notice. I did receive the receipt notice for 485.. i think a week after USCIS received them.

Hope i answered all your questions.

[deepapk]

Thanks for answering queries and good luck.

My situation is little different. My company got merged with another company. My I140 is approved through previous company.

New company has filed for I140 amendment via premium processing and concurrent I485. Company attorney said that PP can be done for this types of amendment. I have doubts.

My only concern is that USCIS will return the whole application package ( I140 and I485) if USCIS thinks that I140 amendment is not eligible for PP. I will have to wait and see what happens.

[dudd28]

Can a senior member please look at my initial post and help me understand what the update from the CIS means for my I-140?

thanks.

[Belle]

"This refund does not otherwise affect the processing of this case. "

Here is my interpretation - it means nothing.

[dudd28]

thanks for the response Belle. Have you seen this before where the applicant pays for Premium Processing but they do not process it premium and return the funds back? Returning the money back doesn't sound like USCIS!