Controversial question: I 140: Premium or Regular? Please help. Appreciate your time and expertise.

[skulkarni16]

Hello All,

 

Here is the conundrum. I have a Master's degree from a decent State University in the US. I also have an approved PERM in EB2. Also have work experience of 4.5 years.

 

Here is my question (May seem very stupid but see so many opposite opinions on this on different immigration forums).

 

1) Is it true that Premium Processing can increase the chances of a RFE and more scrutiny?

 

2) I work for a small but good consulting company on H1B (around 70 employees) and have W2 for the last 4 years or so. The job requirement on PERM application matches to the qualification and educational background which I have. In that case should Premium Processing cause me more harm than gain?

 

3) PP almost certainly guarantees an RFE unless you have a spotless case and work for a publicly traded company. How true is this statement?

 

4) Also I read on many forums that USCIS officers don't have time to finish the processing in 15 days if filed in Premium, so if it isn't automatically approvable, they issue an RFE so that they don't have to refund the PP fee. How true is this statement?

 

Thanks so much for the help.

[balilanai]

1. Not a written rule. I have seen several cases get approved with premium processing. I have also seen many regular cases getting RFEs.

 

2. See #1

 

3. See #1

 

4. There are many cases of premium processing cases not getting an RFE

 

Just remember that if, unfortunately you get an RFE after filing via premium processing, as long as you have not broken any laws, have all paperwork correct and have a good lawyer who can competently respond to the RFE, USCIS will have a decision within 15 days of your RFE response. In my personal view, if your priority date is approaching or if you want to change jobs and need the I-140 approval ASAP, then premium processing is totally worth it.