RFE on I-140 - Premium Process

[Khushi18]

Hello friends,

 

I am with a desi employer, long story short, I applied for my I -140 in May 2011, since I did not receive any decision till October 2013 and also my H1 extension was up in Nov. 2013 (past 6 years) so I opted for I-140 Premium process. USCIS used 5 days of 15 days window and on 6^th day they sent a RFE about Employer’s ability to pay. My question is:

 

-  Once I send the response to USCIS, will they provide the decision in the remaining 10 days (since they used 5 days before sending RFE) or they have already provided their response in form of RFE and now when I send the response there is no guarantee of when will I receive the decision from USCIS?

Fyi, they haven’t mentioned anything like clock stopped etc. does this mean my premium time is no longer valid?

 

I would highly appreciate your reply.

 

Thank you in advance!

[itsmeusa]

I-140 is employer petition, so I think, your employer has to send documents exhibiting ability to pay within the time given in the RFE. The day RFE documents reach USCIS, 15 days clock would start once again.

[Khushi18]

Thanks much itsmeusa for your prompt reply.

If you don't mind one more question, I am planning to change my status to H4 and my employer is ready to continue my GC, my Q:

- does the COS affect my GC? and

- do i need to wait for my I-140 decision before changing the status? 

[itsmeusa]

Hi Khushi18,

1. COS will not affect your GC process as GC is always for future employment.

2. This depends on your and employer comfort level. If I were you, I would definitely wait to see I-140 approval coming thru. It will be just a matter of days now that you have already opted for I-140 premium processing. 

Best.

[Khushi18]

Thank you itsmeusa, that helps.