Unusually high RFEs for premim processing

[balilanai]

Recently (since June 2015 at least), there have been an unusually large number of RFEs from USCIS when the petition was filed as premium processing, or when it was upgraded to premium after regular.

 

This trend was confirmed to me by 2 different immigration attorney firms. There is strong indication that USCIS is overwhelmed by the plethora of premium processing requests and many USCIS officers are using RFEs as a way to slow down the premium processing train. 

 

Here's what is known

 

1. The RFEs are boiler plate requests with very little information exclusive to the case.

2. There is more evidence of such a trend from the Nebraska Service Center

 

 

Have any of you experienced anything similar? I would like to nudge the Murthy attorneys to look into this alarming trend and take some action using their clout.

 

Thanks

Bali

 

[Attorney_15]

What is in these I-140 petitions that are getting hit with these RFEs? We definitely see a spike in the number of RFEs issued by USCIS on H1B cases but we're not seeing a spoke on I-140 Petitions.

 

When we prepare a Green Card case, we prepare the case for the I-140 stage when we prepare the PERM case, so issues like evidence of education equivalency, experience evidence and ability to pay are all thinks we are looking at and talking with the employer and the worker at the very beginning of this process.  We also have years of experience with these I-140 issues that are more complex and simple/straightforward and so we love to share that experience with our clients to help prepare their cases to avoid the RFE as much as possible.

 

If you or your friends have I-140 RFEs that you are concerned USCIS is trying to take advantage of you and your sponsor you are welcome to get a second opinion from Murthy Law Firm. We're honored to have the opportunity to try and make the GC process less stressful!

[akashz]

in my case, I have upgraded to premium after 3 months assuming I will get the answer or RFE in 15 days. However I didnot hear back from them in 45 days. I asked my employer and he said lets wait for 15 more days before raising the service request. after 15 more days no answer.

Attorney raised the service request, got answer as application is in Extended Review'

After 15 days raised refund for premium process got a answer as it will be refunded once the adjudication process is complete. Not sure what is going on. I still didnot hear anything from USCIS. My application is in TSC.

[Attorney_15]

This sounds like a security/background check issue. "Extended Review" is the lingo USCIS usually uses for such cases. Unless there is an immediate need to get the approval, you might want to give USCIS a little time and check in again. I had a case one time where USCIS said there was a security check pending and after a few months when I checked again it was done.

 

Or you could follow up more aggressively. Worst case though if you have tried and nothing moves it, you and your employer could sue for a writ of mandamus over the delay. If that's what you do, you do want to go over the I-140 filing to make sure that everything is clear.

[balilanai]

I am the OP.

I forgot to mention that the rise in RFEs for I-140 premium processing is more rampant for EB1 cases. This has been a trend since June 2015

[Attorney_15]

We are not seeing this trend that you have identified and nobody has shared data with us. It could be attributable to the nature and number of the petitions being filed. It could mean something else. I would suggest contacting Murthy Law Firm about specific cases if you have questions for our attorneys.

[balilanai]

Returning to close this thread since this is not happening anymore.

I applied for an I140 using premium processing and it was approved in 10 calendar days

[akashz]

my case is still pending. even after upgrading it to premium in July. USCIS comes back only with extended review status.