RFE on H1 Transfer in Premium process

U

umasangram

New Member
Hi,

My new employer applied H1 transfer in premium processing and got a RFE on June 16, 2004. By July 27, 2004, INS has received the response for RFE from my employer. Till now I have not received anything.

In the website I see “On July 27, 2004, we received your response to our request for evidence or information. It is taking between 10 and 15 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case”

Is this delay normal in premium processing? How long it will take to get a decision in this case?

Note: I have valid visa till Nov'2005.

Thanks in Advance,
Umasangram
 
- I am in the process of applying for H1B transfer to a new employer.
- The application will be under "premium processing".
- My current employer is in San Jose, CA.
- My new employer is based in San Francisco, CA but my new position will be in Boston, MA.

The immigration attorneys for my new firm suggested that I apply for H1B transfer under the regular process (which I refused) citing significantly increased RFE's for H1B transfers. Questions:

1. Is there any truth to the above?
2. If yes, why are there increased RFE's and what can one do prior to the application to mitigate the chances of getting an RFE?

Many thanks.
 
Premiumum RFE

Your attorney is correct.
Most of the premium process cases definitely get RFE.
If you are able to provide responses to all the RFEs you need not worry.

Can you outline the nature of RFE,? others also get benefits out of it

You can not avoid RFE why? Now INS is very smart in veryfying Employer and Employee qualifications.

Employer has to provide some information and employee's qualifications should be perfect. Premium officers are very qulaity consious before approving any petition. So RFE. Ordinary process is better.
For transfer why you need Premium , as soon as you recive the receipt notice you can start working with your new employer.
Good luck
 
Last edited by a moderator:
Great Guru

Thanks for your response. I don't have an RFE yet. My H1B transfer application is to be filed in the next few days under premium processing.

My understanding of the premium processing is that it only "guarantees" faster processing of the application but does not necessarily result in closer scrutiny of the application (vis-a-vis the regular process). Why do you think that premium cases undergo greater scrutiny? I don't see a reasonable rationale for vetting the two types of applications differently. If they are not treated differently, then any application filed under premium processing getting an RFE would likely get an RFE under the regular process. In the latter instance (regular process + RFE), if your application is rejected, your legal status falls into a limbo. With premium processing, I won't begin work at my new employer until the transfer is approved. Hence, my choice of going with premium processing.

Your response would be appreciated.
 
Premium Vs Ordinary

For Premium few applications and more hands to verify. However if the employer and employee is in good shape no need to worry about RFE. Last 3 months, more RFE's for ordinary processing too. Now Employer has to provide office inside and out side photos, payrolls details, EDD details, tax returns etc. (RFE).

Ofcourse for faster decision from INS good or bad , premium is the only option.
 
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